July 12th, 2012

Civil Rights Group Demands End to Use of Same-Sex Couple Photo in Anti-Gay Ad

© Kristina Hill

When wedding photographer Kristina Hill learned that her engagement photo of a same-sex couple had been used without her permission in a political flyer attacking same-sex marriage, she told PDN she wasn’t sure she had the resources to pursue a long legal battle. Now Hill and her clients have an ally. Southern Poverty Law Center (SPLC), the civil rights organization, yesterday sent a cease and desist order to Public Advocate of the United States, a right-wing political organization, demanding they confirm they are no longer using the image. In the order,  SPLC also says they are considering other possible legal action for infringing Hill’s copyright.

Hill’s photo shows Tom Privitere and Brian Edwards, a New Jersey couple, kissing. Public Advocate of the United States used the photo without the permission of Hill or her clients in a flyer attacking Republican Colorado State Senator Jean White, who had supported civil unions for same-sex couples. The photo, digitally altered to strip out the New York City skyline, appears under the words “State Senator Jean White’s idea of ‘family values?’”

Public Advocate had defended its unauthorized use of the image on the grounds that others “make fair use of our materials.”

SPLC has previously labeled Public Advocate “a hate group,” and noted in a statement released yesterday that it has “a history of attacking the LGBT community.” The statement quotes Christine Sun, deputy legal director at the SPLC, saying that the alteration and unauthorized use of Hill’s photo was “morally reprehensible.” Sun says, “This latest attack is the most vicious yet and should serve as a warning that your personal photos are not safe from anyone willing to stoop to the vilest level of harassment.”

In the SPLC statement, Hill says she took the engagement photo to document her clients’ love. “When I saw how my image was used, I was sad for Brian and Tom. I was angry that someone would take my work, distort it and use it to reflect the opposite of what it was meant to express.”

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