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Split Decision in Gay Couple Lawsuit Over Photo

Tuesday Apr 1, 2014
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  (Source:ABC News via Southern Poverty Law Center)

A federal judge has dismissed part of a lawsuit filed by a gay New Jersey couple whose engagement photo was used in campaign attack mailers in Colorado.

U.S. District Court Judge Wiley Daniel agreed the photo’s use was noncommercial and a matter of legitimate public concern. However, he also ruled the couple and their photographer have a possible copyright infringement claim.

The mailers targeted two Republican Colorado legislative candidates and featured the photograph of Brian Edwards and Thomas Privitere kissing. Both candidates lost their primary races in 2012. One read, "State Senator Jean White’s Idea of ’Family Values?’"

The backgrounds of the mailers were altered, with the Manhattan skyline and Brooklyn Bridge replaced by Colorado scenes.

The Denver Post reports (http://tinyurl.com/lrspqtx ) the couple believe they were innocent bystanders whose image was stolen.

Copyright Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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