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NJ Gay Couple and SPLC Eye Lawsuit After Finding Pic on ‘Hate Group’ Mailer

Brian Edwards and Tom Privitere, a New Jersey couple married in 2010, were horrified when a photo of them kissing at their engagement party was altered and turned up in an anti-gay unions mailer 2,000 miles away.

What Is “Public Domain”

Work that falls in the “public domain” basically has no copyright owner. You can use, modify and redistribute it to your heart’s content. An author can forfeit their copyright and, thus, put their work in the public domain (although it’s not quite that easy, as we’ll see later). Copyright ownership expires after the author’s death (generally 50 to 70 years after death in most countries).
Original Engagement Picture
The playful photo had been posted on Edwards’ personal blog and was originally set against the backdrop of the New York City skyline.
But the doctored photo showed the gay couple standing in a snowy Colorado setting and was used in a political campaign to attack a Republican who supported civil union legislation.
The tagline for the ad, which was sponsored by Public Advocate of the United States, was: “State Sen.Jean White’s Idea of ‘Family Values?’” White later lost the primary.
Now, with the help of the Southern Poverty Law Center (SPLC), the couple and photographer Kristina Hill are threatening to sue the organization behind the ad and its president, Eugene Delgaudio, if they do not stop using the photo.>>>MORE<<<

Christian Advocates Not Listed as Hate Groups

SPLC’s criteria for listing hate groups is based on those who “demonize” a class of people with “misinformation and lies,” according to Heidi Beirich, director of the SPLC Intelligence Project. Such groups include the Ku Klux Klan, anti-Semitic organizations, neo-Nazis and black supremacy groups.
“There are only a handful of anti-gay groups,” said Beirich. “We don’t list those who are against gay marriage or the Biblical prescription against gay marriage — only the groups that are engaged in demonizing propaganda and lies about the gay community and basically lying about them to make them pariahs.”
Previous campaigns by Public Advocate include:


Hi. Welcome to this guide to copyright and photography. Hopefully you can easily find the answer or information that you seek. If not, please leave send me an email or enter a comment below. I want to improve this section and your suggestions will be helpful.
Have fun!

As a photographer, you get to be the only person to:
  1. make and sell copies of your photos;
  2. create other art using your photos, such as paintings or Photoshop variations;
  3. publish your photos on the Internet and in books;
  4. license usage of your photos to other people in exchange for money.
In a sense, copyright doesn’t give you anything, it just take abilities away from other people, saying what they can’t do. Thus it’s an “exclusionary right” or a “negative right.”

What do I not get?

Copyright is not an absolute right; there are exclusions, limitations and exceptions. These include:
Copyright covers form but not idea. It applies to the tangible artistic result — known as the “form of material expression” — not the underlying concept. So your photograph has copyright, but not the idea or viewpoint behind it. For example, if you take a great photo of some natural thing, such as a beach or Yosemite Valley, you can’t stop other people from taking the same photo.
Some things are no longer protected by copyright (they are in the “public domain”) and are free for everyone to use. This includes artwork published before 1923; copyrights that have expired (complex); and public property such as written laws.
Copyright does not apply to facts, since these are universal not individual. Factual dates and figures can’t be copyrighted, but text expressing those facts may be.
Copyright can expire. In the U.S., the duration is lifetime plus 70 years.
Gay Couple Eyes Lawsuit After Finding Pic on ‘Hate Group’ Mailer (ABC News)
Copyright does not prevent resale. In the U.S., after the “first sale”, the owner can resell a work as-is (the work can’t be copied or resold in an altered form).

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