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TENNESSEE: Gay Couple Sues State Republican Party For Using Their Wedd

Stonecold

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TENNESSEE: Gay Couple Sues State Republican Party For Using Their Wedding Photo In Attack Ad

25818890db4d875720cca35eaa475a92d1267cf3.png


What would you think if you saw your wedding picture being used in a political attack ad? That’s the spot a local gay couple is finding themselves. Their wedding was officiated by a candidate for state senate, but the couple says they didn’t sign up to be caught in the mudslinging.
The Air Force veteran, who suffers from PTSD, said he and his husband are private citizens, and this is casting a shadow on a very important memory. “After being together for nine years, we have a bond,” said Shane Morgan, referring to his husband Landon.
Morgan said that’s why he was shocked to see a political attack ad mailer featuring a wedding picture of the couple with Gayle Jordan, who’s running for State Senate District 14. Jordan officiated the wedding. The mailer features the picture.
Above it, it says, “Liberal Gayle Jordan will ‘destroy the fabric of American society.’ Take her word for it.”
Morgan says the photo was lifted from his Facebook page. He and his husband are suing the Tennessee Republican Party for invading their privacy.

Local news video at below link
Code:
http://www.joemygod.com/2018/03/10/tennessee-gay-couple-sues-state-republican-party-using-wedding-photo-attack-ad-video/
 

W!nston

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I hope they win this case and get a 7 figure judgment.

This is a good case to follow.
 

topdog

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I don't see how they can win this. They handed their photo over to Facebook. They gave up their rights to the photo. (You did read the Facebook Terms & Conditions, didn't you?)

If Facebook sued - that's a case that could possibly win. They have the publishing rights to the photo.

Under Facebook’s current terms (which can change at anytime), by posting your pictures and videos, you grant Facebook:

...a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any [IP] content that you post on or in connection with Facebook (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

Beware of the words “transferable, sub-licensable, royalty-free, worldwide license.” This means that Facebook can license your content to others for free without obtaining any other approval from you.

The Tennessee couple still "owns" their photograph (the copyright), however they have given certain publishing rights away as soon as they posted the photo.
 

W!nston

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^^ You can be a real Debbie-Downer can't you? :rofl:

Well, I hope their lawyers (and knowing how greedy lawyers can be I think it's a good bet they will) see the publicity value of this suit. Using this Gay couple's wedding photo in an anti-Gay hate ad must be a violation of their civil rights so Facebook be damned.

Whether the suit is successful or not the value of this story is the inherent irony of it. That's worth more than winning.

I hope it makes it's way through every appeals court and ends up on the SCOTUS docket.

Either way the next step is to file suit against Facebook as an accomplice in the violation of this couple's civil rights.

I imagine FB would rather settle out of court than suffer the overwhelming negative impact this could have on them. After all our culture relishes labels. FB doesn't want the 'homophobe' or 'anti-Gay' label beside it's name on every MSM outlet.


edit: Wait a second - are you suggesting FB gave permission for this ad to use the image? If they did then they should be listed as a co-defendant. If they didn't they should join this couple in suing the Tennessee Republican Party.
 

taurus2904

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I don't see how they can win this. They handed their photo over to Facebook. They gave up their rights to the photo. (You did read the Facebook Terms & Conditions, didn't you?)

If Facebook sued - that's a case that could possibly win. They have the publishing rights to the photo.

Under Facebook’s current terms (which can change at anytime), by posting your pictures and videos, you grant Facebook:



Beware of the words “transferable, sub-licensable, royalty-free, worldwide license.” This means that Facebook can license your content to others for free without obtaining any other approval from you.

The Tennessee couple still "owns" their photograph (the copyright), however they have given certain publishing rights away as soon as they posted the photo.

Ahhh, there's the rub. Facebook did not transfer, sub-license, nor grant use of the couple's photo. Someone took it off of Facebook for their own use. Just because it is on Facebook does not make the content posted there public domain. The couple, or the photographer, still hold the copyright. Facebook (likely) didn't sell the photo to the TN Republican Party.

The couple is well within their rights to sue for libel, defamation, discrimination, and damages. Come on, this is Murfreesboro, Rutherford County, Tennessee -- only a matter of time before they are physically harmed or their property is set afire. I know that area, and it could probably happen.

Sunny Eaton, the attorney the couple hired, has a good reputation in Tennessee fighting for women's issues, gay rights issues, and HIV/AIDS issues. She's been doing that for about 20 years.
 
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