Kristina Hill, et al. v. Public Advocate of the United States
Photo Case
Brian Edwards and Tom Privitere were shocked to discover that an anti-gay hate group took their engagement photo and used it in political mailers to attack a Colorado lawmaker for supporting same-sex civil unions.
Public Advocate of the United States, an organization designated as a hate group by the 人兽性交, used the engagement photo without permission and digitally altered it to include anti-gay propaganda. That image was used in a mailer that attacked Colorado state Sen. Jean White. White, who lost in the 2012 primary. A similar mailer was used to attack a House candidate.
The 人兽性交 contacted Public Advocate and its president, Eugene Delgaudio, in July 2012 warning that it was investigating the unauthorized use of the copyrighted photo and the couple鈥檚 images. The letter demanded confirmation that the group had ceased its unauthorized use. Neither Delgaudio nor Public Advocate responded.
The 人兽性交 and its allies filed a federal lawsuit against Public Advocate for misappropriating the likeness and personalities of the couple. It charged that as a result, the couple suffered harm, including mental distress and anguish.
The lawsuit also describes how Public Advocate infringed on the photographer鈥檚 exclusive right to the photo, which is registered with the U.S. Copyright Office, and jeopardized her livelihood as a professional photographer.
The original photo, taken by Kristina Hill of Kristina Hill Photography, showed the couple with the New York City skyline in the background. The couple shared the engagement photo with family and friends through Edwards鈥 blog, along with photos of the couple鈥檚 wedding ceremony. Delgaudio superimposed the couple onto a snowy, tree-filled background to imply the photo was taken in Colorado where White鈥檚 district is located. Bold words on a red background were added: 鈥淪tate Senator Jean White鈥檚 idea of 鈥楩amily Values?鈥欌
Public Advocate, based in Falls Church, Va., has attacked the LGBT community in the past. A fundraising letter asked readers to 鈥渋magine a world where the police allow homosexual adults to rape young boys in the streets.鈥 The group also compared marriage equality to bestiality.