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New case tests fair use in controversial anti-gay political ads


by Barry Werbin

A new copyright infringement action was just filed in Denver by a male gay couple, Brian Edwards and Tom Privitere, whose engagement photo depicting them kissing each other was used w/o permission in anti-gay ads by the "Public Advocate of the United States," an organization characterized by the Southern Poverty Law Center (which is representing the couple and photographer) as a hate group. The photo was posted to a blog by the couple two years ago, but was recently copied and digitally altered to change the background by the defendant organization, which used it a smear ad campaign against Republican former-state Sen. Jean White, who had supported recent legislation to legalize gay civil unions in the state.

Here the original and the modified photos in issue:


20121017img2 20121017img3

Fair use? 


Good reading on the case: