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NY-26: Jack Davis began airing two new attack ads this week against Jon Powers, Iraq War veteran and the endorsed Democratic candidate in the 26th Congressional District. As I was watching the ads I noticed that Davis' campaign had used my image that I took of Jon Powers this spring without my consent. Furthermore, the second ad used my colleague's image without his consent.
I contacted Joy Langley, Davis' Communications Director, Friday and notified her office that I did not give permission for the use of these images, they are mine and I want the ads taken down immediately or I will seek legal counsel. The person I spoke to asked "Are they copyrighted?" Yes, they are automatically copyrighted.
From www.copyright.gov:
"Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time."
This morning I received a message from the creator of the misleading and factually incorrect ads informing me that he is aware of my complaint but that no copyright law in the U.S. has been broken.
I beg to differ.
I am no lawyer but I will be seeking legal counsel in the next few days.
In the interim, here is my complaint:
1) The TV ad using my image of Jon Powers is my original photograph and is automatically copyrighted. I created that image and posted it on the website I blogged for. All rights are reserved.
2) Davis' ad is misleading and not at all correct and therefore my work is being used to help propagate a misleading ad and without my consent.
3) The ad uses my image for a substantial portion of its content, thereby rendering its fair use provision void.
4) The so-called educational content of the erroneous ad is null because it is misleading and not at all correct. Furthermore, Mr. Davis' ad is not non-profit because he stands to profit from the ad.
5) The value of my image, my work product, has been diminished due to the use of it by the Davis campaign. Any value I could have had by publishing this original photo in a book or other media is now depleted because of the over-exposure the Davis campaign has caused with regard to my exclusive image of Jon Powers. The use of my work by Davis has had a deleterious effect upon the market value of my copyrighted image.
6) The image in question was culled illegally from a blog I previously wrote for. At the bottom of that blog is the copyright statement indicating all content is "Rights reserved." The site has a clear "C" with a circle around it indicating it is a copyrighted site and its contents fall under that copyright.
7) I want the ad taken down immediately and insist that no future use of my images be used without my consent.
I am not posting the ads here because I don't want to further spread the misleading and incorrect content of those ads. This is just one more example of a campaign that has shown itself to disregard the rules, whether it is bribery or, in this case, using copyrighted material without consent.
I work very hard covering local campaigns, especially Jon Powers' campaign, and it is my work product that millionaire Jack Davis has used without my consent. If he had the volunteers that Powers' has then he wouldn't have to resort to taking the work product of others without their consent.
Jack Davis is fond of saying that he will be beholden to no one. So true.
Note to Davis: the law still applies to you, no matter how rich you are. How can anyone want to elect someone who has such consistent disregard for the law?
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