Guidelines: personal images of political candidates being used in opposition ads?

[imachristian13]

What is the name of your state (only U.S. law)? MARYLAND

Hi folks...

Watching a lot of online ads going back and forth for our local political campaigns (primary season, you know?). I wondered what the guidelines are on image use of this type. The goal is not to start a legal scenario so much as it is just to know what is acceptable and what isn't.

For example: Candidate A posts a picture of himself on his own campaign page (webpage, not Facebook). Candidate B copies the image and creates an image making a general comment against Candidate A's position on an issue.

Is it acceptable to use the image in this fashion?
Does this change at all if it is a Facebook image?
If so, these are no different than using someone's name in a written advertisement?

Again, just wondering how this works.

Thanks.

 

[quincy]

What is the name of your state (only U.S. law)? MARYLAND

Hi folks...

Watching a lot of online ads going back and forth for our local political campaigns (primary season, you know?). I wondered what the guidelines are on image use of this type. The goal is not to start a legal scenario so much as it is just to know what is acceptable and what isn't.

For example: Candidate A posts a picture of himself on his own campaign page (webpage, not Facebook). Candidate B copies the image and creates an image making a general comment against Candidate A's position on an issue.

Is it acceptable to use the image in this fashion?
Does this change at all if it is a Facebook image?
If so, these are no different than using someone's name in a written advertisement?

Again, just wondering how this works.

Thanks.

It will generally be the photographer who took the photo who holds the copyright in the image. To copy and publish any copyrighted work without first licensing rights to do so from the copyright holder would be an infringement on the copyright holder's rights. The person infringing could potentially be sued.

It generally doesn't matter where the image is found or how the image is used (with a few fair use exceptions).

Candidate B would be smart to obtain permission from the owner of the copyrights prior to using the photograph of Candidate A in his campaign material, unless he wants his infringement to become an issue in the campaign.

 

[imachristian13]

Thank you, Quincy.

Much appreciated. What you are sharing aligns with what my belief already was so I am pleased to be on the right side of this. Have a blessed day!

 

[quincy]

I take it you are voting for Candidate A.

There IS more legal leeway given political campaign literature, especially when it comes to text but, unless a photograph of a political candidate is a government-created work or otherwise in the public domain, or another "fair use" factor can be successfully argued (or a court sees the use of a copyrighted photo "de minimis" and too trivial to bother with), the protection offered photographs under copyright laws require permission be granted from the copyright holder prior to any use by others (to avoid the risk of a legal challenge).