01/24/2006
Gay Couple Loses Wedding Photo Lawsuit
A gay couple whose wedding photo was stolen and used in 2004 in an ad taken by USA Next to attack the AARP's opposition to President Bush's Social Security Privatization plan by saying that the AARP is anti-troop and pro-gay marriage, has lost their lawsuit. The couple contended that the ad used their photograph to libel them:
Judge Walton rejected the gay couple's claims that the ad libeled them by suggesting they did not support the military. "Facially, nothing in the advertisement suggests, as the plaintiffs posit, that they are unpatriotic American citizens," the judge wrote. He said because the ad addressed issues of public concern, Messrs. Raymen and Hansen could not prevent the use of their likenesses.
The New York Sun suggests that the ad was used to attack the AARP's position on a ballot measure banning gay marriage in Ohio, but as far as I remember, it was used regarding Social Security. In any case, the judge ruled against the gay couple. Said Judge Reggie Walton: "While the defendants' unauthorized use of the plaintiffs' photograph cannot be considered the pinnacle of decency and good taste, this court cannot conclude that it violated Oregon civil law."
Previously
Conservatives Plunder Gay Wedding Photos [tr]
Posted 9:27 AM EST by Andy Towle in Current Affairs | Permalink
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So does this mean that we can use any of their photos to promote our own causes? I think any picture of Donald Wildmon or James Dobson would serve us well.
What's good for the goose is good for the gander.
Posted by: Brian | Jan 24, 2006 11:31:04 AM
I don't understand why they sued for libel, and not for unauthorized-use and copyright violation. I guess they were after the money, and not for vindication.
Posted by: Ted B. (Charging Rhino) | Jan 24, 2006 3:27:20 PM