The Virginian-Pilot today reports that Del. John Welch is using a picture taken of himself with Virginia Beach Sheriff Paul Lanteigne in his mail. Problem is, Lanteigne didn’t authorize its use and he is not endorsing Welch in his battle against Democratic challenger Bobby Mathieson.
“If he’d asked me to use those photos, I’d have said no,” Lanteigne said.
You know, they say a picture is worth a thousand words. I have no doubt that many folks who receive this ad will assume that Lanteigne supports Welch and will never see the story in the Pilot saying differently. I saw the effects of the use of photos in my own campaign. On my all of my campaign mail, I listed the names of those electeds who supported me. But it wasn’t until the mail piece included the pictures that a number of people said that they were aware of their support. And, of course, there was this incident. I wonder how many people saw the article? I know that an ad was run in a local paper after the article appeared with the offending photo included.
There is a really simple answer to this: require that written permission from people be obtained prior to the photo being used in an ad. Before a mail firm uses a photo which contains a clearly identifiable individual, they should be provided a copy of the permission slip. Before the newspaper runs an ad, they should be provided a copy of the permission slip. And, to avoid situations like this one with Welch and Lanteigne, the permission slip should be dated within a certain time frame, say one year or six months.
The voters deserve to have some semblance of truth in advertising.
Technorati Tags: John Welch
VIVIAN J. PAIGE | All Politics is Local 
Like the city clerk’s permission before using the city seal.
Beat me to it…
Have you talked to Senator Stolle or Bob Tata or any of the numerous Republicans who display the city and state seal on their campaign websites, Brian and Scott? Or does this supposed rule apply only to Democratic police officers displaying the badge they earned after decades of service? Or is all your talk about such a rule just that, worthless and inaccurate talk?
Or how about claiming to be a “Ph.D.” on an official legislative website? Think there’s a rule on that one? (Hint: look up the law on official records.) Or how about claiming to be a “doctor” without specifying “chiropractor” or “D.C.?” (Hint: check with the Board of Medicine.) No time to list all of Delegate John Welch’s other offenses, but you know what they are.
Once, just once, I would love to see Brian Kirwin exhibit a sense of ethics and well-earned shame for his support of this bumbling candidate. Welch could have been “man enough” to apologize for his stupid move. Instead, Welch embarrassed himself further with his laughable and untruthful explanation.
SHOW ME (yeah, I went to school in Missouri) the sites displaying the Virgina Beach Seal without permission.
Here’s a screencapture of Ken Stolle’s campaign? website (www.kenstolle.com) with the VB seal in the lower half of his home page. He took it down just a couple of weeks ago. We’ll have to see if the offending seal makes the cut or not.
BTW, Doc Welch has yet to correct this “misinformation”. Brian, here’s their number – 1-888-VOTE-SMART (1-888-868-3762). Get to it, please.
Oops, I guess there’s a one link quota on comments. Here’s the info that needs to be corrected ASAP, Brian.
Just once i’d like to see Mar….er, Spotter, post a comment without namecalling.
I didn’t talk to Tata or Stolle. I also didn’t talk to Frank Drew wannabe Bob Mathieson. If I had, I would say things like:
“Hey, Bob. That job Kellam you wanted Kellam to give you that had ‘two other applicants’. Did anyone ever fill that position?”
“Hey, Bob. Bald tires?”
“Hey, Bob. Aren’t you embarassed that you can’t get a story printed in this campaign about you without it being a negative attack?”
“Hey, Bob. How come when I google ‘Bobby Mathieson proposes’ nothing shows up?”
“Hey, Bob. Sucks that Brian Moran came to hold your hand through a press conference and still no one cared.”
“Hey, Bob. Drew Lankford sure quit your campaign awful fast.”
Oh.. I see the seal. The one linking directly to the City of Virginia Beach’s website. Yeah. I see how that could confuse some. Right under the words QUICK LINKS.
Please. Use the same test for all that you use for some. I am absolutely SURE the City of Virginia Beach didn’t tell Bobby Mathieson not to use the seal before hand and his use of it was coincidental, not purposeful. His goal was the badge of office. I have no problem with that at all. I wear a badge as well.
I am sure the Sheriff did not tell Welch before hand not to use the photograph. The Sheriff obviously approved of the photograph, he didn’t look like he was being bullied. But by applying the same standards across the board, we must assume he was not using the photo to imply endorsement. No where on the ad did it say that the Sheriff endorsed Welch.
If we take the other route and apply the same standards in a negative manner, the Bobby (who by the way I know fairly well, though I wouldn’t call him a friend… a professional aquaintance) would have been implying the endorsement of Virginia Beach and Welch implying the endorsement of the Sheriff.
I don’t really care which way you look at it, but look at it through the sames lenses for both people.
Actually, Scott, I disagree a bit here. I can’t imagine that anyone would infer the endorsement of the city by the use of its seal but the use of an individual’s likeness implies endorsement.
Both Mathieson and Welch made assumptions here – on that we agree. They both assumed it was OK to use those things, without asking if that were the case. And both had good reason for believing that way. I have no doubt that Mathieson had no idea that the seal was copyrighted (heck, is the Norfolk seal copyrighted, too? What about the mermaid?). Likewise, Welch probably had no reason to think that Lanteigne was not supporting him, especially since he had done so in the past.
The problem still remains: how to keep candidates from using the likeness of an individual without permission? I think the timely dated permission slip solves that problem.
And honestly, I have to agree with you on the last paragraph. I am a professional photographer as well. While it is “legal” for me to use photographs that I take from a public place of people in a public place, ethics, set down by many professional photography associations dictate that I get releases. I always do, or if they are declined, I don’t publish the prints. The caveat to that is if no one can see who it is… then I don’t concern myself with releases.
I think in both situations above, the assumptions is what caused the issue, more so than the actual acts.
I wonder, if Bobby Mathieson would have contacted the city and explained what he was doing, if they would have given him the go ahead… Just a thought. We’ll never know of course but I wonder.
Scott, see
http://www.delegatebobtata.com/
http://www.terriesuit.com/
http://www.senatornorment.com/district03.htm
and others too numerous to mention.
There’s a big difference between showing your own badge, which most decidedly does not violate any law in Virginia, and displaying the trademarked city or state seal.
In defense of an embattled incumbent caught using fake credentials and fake endorsements, with a sham record, you have fabricated unfounded accusations against an honest opponent. The voters will see that, and will vote accordingly. Welch should have learned from George Allen (if not from his mother) to act ethically in the first place, to apologize when he is wrong, and to correct and not repeat his misconduct. Instead, his one supporter is digging in his heels and throwing mud. Shameful.
As for Brian’s continuing implication that I’m Mary Commander, I appreciate the compliment, but no, you’ve already been told that you’re wrong. Vivian among many others can verify that. You, unfortunately, have proven that you cannot be trusted and will therefore have to take the word of more trustworthy people for that fact.
I always get a release from anyone in my photos, as a form of protection for myself, and for them, also.
I’m not a professional photographer (or videographer or any other -ographer) but I ask permission – unless it is a public event where the press is there.
Oh – and I can vouch for the fact that spotter is not Mary Commander.
Thanks, Vivian.
Here’s why one is better advised to request permission before hijacking someone’s photo without permission:
Va. Code § 8.01-40. Unauthorized use of name or picture of any person; exemplary damages; statute of limitations. —
A. Any person whose name, portrait, or picture is used without having first obtained the written consent of such person, or if dead, of the surviving consort and if none, of the next of kin, or if a minor, the written consent of his or her parent or guardian, for advertising purposes or for the purposes of trade, such persons may maintain a suit in equity against the person, firm, or corporation so using such person’s name, portrait, or picture to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use. And if the defendant shall have knowingly used such person’s name, portrait or picture in such manner as is forbidden or declared to be unlawful by this chapter, the jury, in its discretion, may award exemplary damages.
So, again, Brian and Scott, who’s breaking the law? John Welch. So he should apologize to the Sheriff. Is he “man enough”? I doubt it.
How about… Susan P.? Is that you Spotter? 🙂