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‘Hijacked’: Gay Couple Sues Over Engagement Photo That Was Used in Anti-Gay Political Ads
DENVER (TheBlaze/AP) — A gay couple from New Jersey suing a group that used their engagement photo says they cringe when they see the image after it was used in an attack mailer against a Colorado Republican in a legislative primary.

Photo Credit: Kristina Hill Photography
The Southern Poverty Law Center filed a federal lawsuit Wednesday in Denver on behalf of the couple, Brian Edwards and Tom Privitere, and their photographer Kristina Hill against Virginia-based Public Advocate of the United States. NBC News has more about the photo’s origins and the resulting controversy:
…Privitere and…Edwards posed for their engagement photo, holding hands and kissing, in front of the Brooklyn Bridge in 2010. The image captured one of the happiest days of their lives. But earlier this year, their special moment was soured when the photo was used in two anti-gay mailers in Colorado.
On Wednesday, the couple and their photographer planned to file a lawsuit Wednesday in U.S. District Court in Colorado… They are seeking a court order saying the group violated the law, damages, costs and attorney fees for the allegedly unauthorized use of the copyrighted photo.
“We want to take back the beautiful moment in our lives that was reflected in our engagement photo before it was hijacked,” Edwards explained in an interview with NBC News earlier this week. “We also … want to take a stand for others who might be similarly targeted in the future.”
The photo was used in mailers in a June primary election against Sen. Jean White, who supported a civil union bill that was blocked in the state House. White lost the primary. As NBC notes, one of the mailers featured the image of the kiss and read, “State Senator Jean White’s Idea of ‘Family Values?’”

Photo Credit: Public Advocate
Another, which was aimed at House candidate Jeffrey Hare said, “Jeffrey Hare’s Vision for Weld County?” Hare lost his race as well.
It’s not currently clear how the photo made its way to Public Advocate to be used, although the couple did have an engagement blog where it was posted. Edwards, Privitere and Hill claim that they were never approached for permission to use the photograph.
“The use of Tom and Brian’s likenesses, or of Kristina’s copyrighted photo, was wholly gratuitous,” SPLC lawyer Christine Sun told NBC News. “Public Advocate could have just paid for a stock photo of a gay couple kissing but instead Public Advocate decided to take this very personal photo of this happy moment and use it to attack gay people.”
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Comments (111)
chips1
Posted on September 26, 2012 at 2:22pmIsn’t that Obama’s motto. “Spreading the Health”?
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The_Jerk
Posted on September 26, 2012 at 2:16pmSPLC is another Jewish led, divide the society, change the society, organization. Don’t know how many times you need to see the same old story in order to understand the theme?
ACLU: Rabbi Daniel Lapin, in America’s Real War, by Mutnomah Publishers, 1999 said: … The ACLU’s leadership is almost reminiscent of a temple board meeting.
Hollywood:
http://www.latimes.com/news/opinion/commentary/la-oe-stein19-2008dec19,0,4676183.column
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JUSTANOTHEROPINION
Posted on September 26, 2012 at 2:09pmI would not appreciate getting a picture showing this, in person, much less in the mail. This is proof that P.D.A.(Public Display of Affection) is way out of control. I don’t mean just the Gays either. Whatever happened to Americas’ Morals? I don’t want to turn a corner and be faced with two people trying give each other a tonsillectomy with their tongues(I don’t care what sex the couple is). Move closer to God and ask him your questions.
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Lothmar
Posted on September 26, 2012 at 2:48pmWait, so they go this mailer?
Are they log jammer~ Er log cabin republicans?
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Verceofreason
Posted on September 26, 2012 at 2:09pm‘Abomination’ is in the eyes of the beholder.
I think your wife’s backside is an abomination.
Rush Limbaugh’s face is an abomination.
AvengerK
Posted on September 26, 2012 at 2:21pmDid you pout and stamp your foot as you typed that unhinged and juvenile rant PERCYVERCY?
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jacobstroubles
Posted on September 26, 2012 at 2:23pmGood luck to you.
Hope you enjoy the tribualtion.
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Zipit
Posted on September 26, 2012 at 2:30pmVERCE! Desperation is such an ugly quality! Try and do better!
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woodyee
Posted on September 26, 2012 at 2:48pmVerceofHysteria has had his panties up in a bunch since birth, when the doctor smacked his mom for having him…
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wvernon1981
Posted on September 26, 2012 at 2:53pmVerce, you make a good point. Disgust is a subjective emotion, not an objective, all encompassing statement about reality.
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Just_Us2
Posted on September 26, 2012 at 4:18pmVerce = pillow biter
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QuincySmith
Posted on September 26, 2012 at 6:08pmtreason;
I suppose you expected it, so here it is: your post is an abomination.
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The Gooch
Posted on September 26, 2012 at 6:14pmHey, Verce:
How about a lecture on how “gay” folks don’t have to practice “People First Language”? Funny.
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moreteaplease
Posted on September 26, 2012 at 2:03pmgay couple from New Jersey suing a group that used their engagement photo says they cringe when they see the image after it was used in an attack mailer against a Colorado Republican in a legislative primary.
——————————————
Makes me feel sick to my stomach.
BTW: BOO HOO! You want your life choices to be out front and center for all to see then you have to accept whatever ramifications may come with that and realize that not everybody finds what you do so beautiful. You can’t have it both ways.
Of course if Sharia becomes law in this country you’ll have more than this to be concerned about.
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The Jewish Avenger
Posted on September 26, 2012 at 2:11pmThe photo will be photoshopped of them falling from a building instead of in front of trees.
(Calm down DHS)
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jacobstroubles
Posted on September 26, 2012 at 2:31pmOH.. dont worry..too much.. they will absolutely get to enjoy the many wonderful benifits of sharia law very shortly…yes. all of it’s dark, vile and uglyness in full glory. oh it will be a most unpleasant time.
coming out of the closet…oh…well.. that might be a stamped..you’ll be hearing.. the lo spark of high heeled boys.
they/it will hunt down ALL OF THE INFIDELS! Pretty darned neat..huh…? well in a sick, ugly satanic sort of way. But.. there is always the option right now, for them to drop to their sinful knees and call out to Jesus, repent of their sins, while they still live in a free America, or not.
And the very, very best part…. It’s totally a free choice…
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The Jewish Avenger
Posted on September 26, 2012 at 1:58pmBecause they would NEVER do the opposite…
Pray for Maine because everyone is too damn scared and the clergy are all lined up for a photo op to say they’re on board….News is always pro-gay marriage with no opposition.
But I get it, last year the gays blew (pun intended) 4 million and the opposition spent 1 million. However, the gays went after EVERY SINGLE PERSON who publicly donated. And even after all of the money after all the push from Pingree and her sugar daddy, it was the LARGEST gap in Maines voting history on the issue AGAINST GAY MARRIAGE. Two years later, its back on the ballot.
Please, pray. Thanks. Hopefully after this year if we dodge another assault, maybe someone will just ban it outright. I’ve seen and read what happens in Massachusetts, I’ll cringe if they get it passed.
Oh and everytime you point out Massachusetts ways?
“We would NEVER do anything like that.”
Uh huh.
The old saying was “As Maine goes so does the country”…just hopefully the brainwashed have enough sense to still vote for what is RIGHT and the voter fraud that was shot down in Maine (Thanks again Portland) wont see us being raided by cheaters.. but once again, the majority of the vote last year came from Portland, I can only imagine how that number will magically double… and then ballots will magically be “lost”
I can see the PC guilt cards and the threats that hang over people and sick of it. I’d love to see a 60/40 vote against gay marraige in Nove
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Anonymous T. Irrelevant
Posted on September 26, 2012 at 2:08pmI’m not in Californicate, but it keeps coming back like a bad penny, there.
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valleyfever
Posted on September 26, 2012 at 1:58pmDo gay people copyright their photos? Photographers don’t automatically copyright every picture they take. There’s more to this story.
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Walkabout
Posted on September 26, 2012 at 2:06pm“It’s not currently clear how the photo made its way to Public Advocate to be used, although the couple did have an engagement blog where it was posted”
I think you are right. If they didn’t copyright the picture, then they should lose.
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ButtersDurst
Posted on September 26, 2012 at 6:46pmI could be wrong about this but I think there is already an implied copyright when it comes to media such as photographs.
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cause_glen_said_so
Posted on September 26, 2012 at 1:56pm“Why not suck on a barnyard animal?”
Because diversity is a great thing and we all cannot be like you now can we?
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AvengerK
Posted on September 26, 2012 at 1:53pmI’m curious…had a pro-homosexual marriage group “hijacked” the photo of their “beautiful moment” would they be just as outraged and litigious?
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Exrepublisheep
Posted on September 26, 2012 at 2:01pmNope. But if your picture is going to be used publicly you need to sign a release.
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Gonzo
Posted on September 26, 2012 at 2:02pmWell, we have two new gay sitcoms this season. More opportunity to witness just how superior gays are to straights! Hooray!
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Brizz
Posted on September 26, 2012 at 2:08pmPublicity stunt? Please excuse my skepticism, but who is benefiting from this stupid mailer?
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AvengerK
Posted on September 26, 2012 at 2:14pmGONZO…a beer says they witll both tank quickly.
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chips1
Posted on September 26, 2012 at 2:30pmI wonder if Vegas has odds on which one brings home the disease.
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Female
Posted on September 26, 2012 at 1:51pmBAD AD!
Anybody who has read anything I have written regarding LGBT issues and especially, marriage; know I have total disgust for the lie and the relationship in a generic, worldview sense. Yet, when it comes to selecting and singling out individuals as in the hijacking their photo…well, it is hurtful; like publishing a picture of me drunk from my early 20′s without my permission. They should have paid some models to do the same pose. They are guilty of stealing a memory and creating new ones for everybody else….. not good!
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Anonymous T. Irrelevant
Posted on September 26, 2012 at 1:58pmIf you are in a public place, they can photograph you all they want, without your permission.
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Walkabout
Posted on September 26, 2012 at 2:04pmAnonymous T. Irrelevant
I agree with female. It is wrong if the photograph was one that the “couple” commissioned & paid for. It is just a libertarian & rule of law thing.
If someone saw the couple & photographer in public & snapped their own picture, then the ‘couple” have no legal recourse.
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Verceofreason
Posted on September 26, 2012 at 2:05pmThe photographer with the copyright, doesn’t think so.
YOU are really clueless.
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Anonymous T. Irrelevant
Posted on September 26, 2012 at 2:10pmThat’s what I just said.
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Anonymous T. Irrelevant
Posted on September 26, 2012 at 1:50pmOwebama likes his men to be older than him, but white.
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CaptGreg
Posted on September 27, 2012 at 4:25pmKal Penn is only 35 though. Right?
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PhineasJWhoopee
Posted on September 26, 2012 at 1:49pmThis photo is so gay.
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Anonymous T. Irrelevant
Posted on September 26, 2012 at 2:00pmBetter keep an eye out for Wanda Sykes and Miley Cyrus or they will preach you to death.
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Exrepublisheep
Posted on September 26, 2012 at 2:02pmbooooooooo
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blackyb
Posted on September 26, 2012 at 1:47pmSilly azzed girly things.
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blackyb
Posted on September 26, 2012 at 1:46pmNo wonder those silly “gays” don’t have a woman, they are ugly and no one wants them. They are nasty and it takes a fool to say this is normal.
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jimikimble
Posted on September 26, 2012 at 1:45pmA terrible breach of copyright law and the feelings of individuals. I personally am against gay marriage. I am pro “person” however and this is not playing by the rules. They deserve to pay the consequences of breaking the law.
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Sirfoldallot
Posted on September 26, 2012 at 1:45pmAwwwwwww , in a Muslim world this is not possible.
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encinom
Posted on September 26, 2012 at 1:56pmBut is a secular republic, we have laws that Christians and Bigots are bound to live by.
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Anonymous T. Irrelevant
Posted on September 26, 2012 at 2:01pm@ENCINOMORON
Unfortunately, there’s no law against stupidity, or you would be put away for life.
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The Third Archon
Posted on September 26, 2012 at 5:39pm@ANONYMOUS
LOL–if THAT’S what would happen to ECINOM, then I SHUDDER to think what would happen to you; probably be tossed into a chest full of live scorpions and locked inside and forgotten about.
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Chuck7884
Posted on September 26, 2012 at 1:45pmIf it was on face book it may have been placed in public domain.you can not sell the photo but you can use it.or maybe I am mistaken.
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Anonymous T. Irrelevant
Posted on September 26, 2012 at 1:52pmIf it said copyright on it, they cannot use it. If it didn’t say anything, who’s to know?
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Prosecute_Constitutional_Treason_In_Washington
Posted on September 26, 2012 at 1:44pmHomosexuals spreading disease. Yuk. They might as well bend over and take one in the axx for Obummer.
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PorkPIG
Posted on September 26, 2012 at 1:43pm*** Vomit ****
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Prosecute_Constitutional_Treason_In_Washington
Posted on September 26, 2012 at 1:42pmThey might as well bend over and take one for Obummer in the xxs. Their expectation was not privacy. These homosexuals are vile, evil, wicked.
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encinom
Posted on September 26, 2012 at 3:31pmDespite your hatred and bigotry, the great thing about this nation is that the rights of the minorities are protected and the laws enforced equally, regardless of the vile bigotry of you and other small minded Christians.
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Just_Us2
Posted on September 26, 2012 at 4:24pmencinom = pillow biter…….keep your kids away from him…..no one wants a perforated bowel….
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Prosecute_Constitutional_Treason_In_Washington
Posted on September 26, 2012 at 5:34pm@ ENCINOM
I suspect you are bought and paid for a full time mole for the dems. Moles lurk everywhere
spreading disinformation, lies, immorality, and disease.
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Prosecute_Constitutional_Treason_In_Washington
Posted on September 26, 2012 at 1:41pm“hijacked” “attacked” Words of emotion. The legal standard is truth. If this is what these two homosexuals did in public, they need to own up and accept their expectation was not to have privacy.
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Walkabout
Posted on September 26, 2012 at 1:48pmIf this photograph was illegally taken form the photographer, then it is a crime.
If the photographer license the photograph & there was not stipulation as to how it could be used, then the photographer nor the couple have no recourse.
Just easier to photograph gays in public & then there is nothing they can do. Like fisting in a gay bar.
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KevINtampa
Posted on September 26, 2012 at 1:54pmBut wouldn’t you love for something like this to establish a ruling in court that your image is personal property. Such a ruling would strengthen privacy rights. This would mean the gestapo would have to get a warrant from a judge before putting you under surveillance; likewise it would also throw a wrench into the gestapo cameras being setup everywhere. A ruling in favor of a couple of gays undermining the infrastructure of the gestapo arm, that would be priceless IMO.
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Anonymous T. Irrelevant
Posted on September 26, 2012 at 1:56pmIt says it was taken from their FaceBook page. If it didn’t say it was copy-righted on or below the picture, how would they know?
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Smokey_Bojangles
Posted on September 26, 2012 at 1:41pmThe Southern Poverty Law Center is a Hate Group.
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chips1
Posted on September 26, 2012 at 2:17pmDepends on what “is” is.
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Al J Zira
Posted on September 26, 2012 at 1:40pmSo this couple had a photo taken and had it copyrighted immediately after? I didn’t know a photo was automatically copyrighted especially is it’s then posted on an online blog without any copyright included. Hmm. If that’s the case I’m owed millions.
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encinom
Posted on September 26, 2012 at 1:58pmI love how you godly Christians justify stealing. This organization should be paying through the nose for their theft and misuse of the photo.
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Anonymous T. Irrelevant
Posted on September 26, 2012 at 2:17pmOh, you mean like all those photoshopped pictures of GW, Encino-crite?
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wvernon1981
Posted on September 26, 2012 at 3:04pm“Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device. ”
copyright.gov
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Just_Us2
Posted on September 26, 2012 at 4:27pmencinom are you a lawyer AND a pillow biter….or just a pillow biter?
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QuincySmith
Posted on September 26, 2012 at 6:16pmencinom;
“I love how you godly Christians justify stealing….” ~~~ I love how you progressive gay atheists justify stealing, as in redistributing wealth.
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chickenfried
Posted on September 26, 2012 at 1:39pmBoo-freakin’-hoo
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KevINtampa
Posted on September 26, 2012 at 1:39pmWhile I don’t agree with changing the definition and meaning of marriage, these folks have a point. If an atheist wanted to bash Christianity I wouldn’t want them using the image of me praying in church to get their point across.
That said, they should stop using the image. However much money they spent in it’s advertising, should be equally given to these two gays. No more, no less, case closed.
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Anonymous T. Irrelevant
Posted on September 26, 2012 at 1:53pmIt would not bother me a bit if anyone wanted to use a picture of me praying. God and I know what I was doing.
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QuincySmith
Posted on September 26, 2012 at 6:10pmkevin;
When did praying become controversial?
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