The Southern Poverty Law Center has sued an anti-gay group for unauthorized use of a photograph of a gay couple in political attack ads in Colorado earlier this year.
SPLC sued the Virginia-based Public Advocate for the United States (PAUS) for violating the copyrights of photographer Kristina Hill of Brooklyn, New York. The suit also alleges that PAUS unlawfully appropriated the likenesses of the couple in the photograph–Brian Edwards and Tom Privitere.
Public Advocate of the United States, which SPLC classifies as a hate group because of its anti-gay propaganda, used Hill’s photo last spring in campaign ads against Colorado state senator Jean White (who had voted in favor of allowing same-sex unions in Colorado) and against Jeffrey Hare, a candidate for the Colorado house of representatives. The ads were distributed as mailers.
Hill’s image of Edwards and Privitere, shot during an engagement session, shows them kissing with a New York skyline in the background. Edwards ended up posting the image on his blog, with Hill’s permission.
PAUS downloaded the image, stripped out the background, and replaced it with backgrounds of two different Colorado landscapes for the unauthorized campaign mailers. PAUS superimposed text that read “State Senator Jean White’s idea of ‘family values?’” in one mailer and “Jeffrey Hare’s Vision for Weld County?” in the other ad.
White was defeated in her re-election race.
“I cringe every time I look at what once was one of our favorite photos,” Edwards said in a press release issued by SPLC when it filed the lawsuit today. “All I see now is the defiled image used to attack our family and our community. All we want is justice for the pain that Public Advocate has caused us. ”
An SPLC attorney said in the press release: “This was just a cheap way for Public Advocate to avoid having to pay for a stock photo to use in their hateful anti-gay attack ad. It was nothing short of theft.”
Hill, Edwards and Privitere are seeking an unspecified amount of damages.