and his sex starved girlfriend.

Cheers, pickles!  Now you have more time to spend with your, um, MORAL and DELICATE girlfriend.

As for the other guy and the Allen campaign, it would be illegal for them to use any of our likenesses in an ad.  Get ready.  I plan on calling them out on it if I show up in any Allen material in pics or video.

Serious question for you.  When you say it's illegal to use your likeness, are you referring to 8.01-40?  I ask because I've had this debate with others and the concensus seems to be that political fliers, ads, etc wouldn't fit into the prohibition.  Also, newspapers, magazines, BLOGS, etc. are not covered (although a lawsuit against a blog could get interesting).  Just curious.

and every contract I have signed, even for non-paid work, clearly states that there is either NO time limit, or a specific time limit, on how that person can use your "image or likeness" for their own gain.

Now yes, this may not be the same thing, but it seems pretty shady to me, nonetheless.

I certainly did not sign a contract with Allen, or pickles.

(although in a different factual context)  If it was illegal for Allen (for example) to use your name or picture in an advertisement, it would also be illegal for him to use Miller's, Webb's, Hillary Clinton's or anyone else's.  It would be illegal for Webb to reference Miller or Allen in any of his literature.  Obviously, that would be an unworkable system.  A Court would most likely apply the "newspaper exemption" rationale rather than your theater/film analogy.  The punchline is that I do not believe it to be illegal.

All that said, the reality is that these trackers aren't trying to get your picture.  They're tying to capture a candidate saying something helpful to the other side.  As we all know, candidates like to throw their voters some "red meat" that may not play as well to a different audience.  All parties and most campaigns have been doing it for years.

Well, thanks for the info.

Although aren't there different rules regarding fair use of images of people who are considered public (like politians, movie stars, etc) versus those who are considered private (the rest of us)?

There is a difference when it comes to defamation but not 8.01-40 (in Virginia).  FWIW, the term "fair use" does not apply to this context.  Fair use is a trademark/copyright term.

The leading case in Virginia actually involves a "public figure".  John Riggins' wife sold her house using fliers saying it was "John Riggins' old house."  Riggo sued and won.  The Court said she'd used his name for advertising purposes and he was entitled to the amount he would have charged for his endorsement.

The statute is specifically designed to protect people's names that have value (unlike mine).  A possible (emphasis on possible) improper use in the political context would be for Allen (for example) to do a campaign commercial that said Bill Clinton supported him.  That may be actionable under the statute.

Sounds like one of us is a lawyer and the other isn't.

I attended a Kaine focus group that was being filmed for possible use in a TV commercial.  Everyone who attended had to sign a release giving them permission to use our likenesses.  Why sign a release when it's okay for them to use it anyway?

Features, tv, commercials, docs, industrials?  Preparing a pilot now.

much about Allen.  I *seriously* doubt the Allen team is interested in any of us - unless they catch someone using a Webb sign to beat old ladies and children.  And Webb stands by and laughs. 

So as long as everyone behaves properly that footage is useless.

Besides, I'm not sure what's on that tape.  Aside from the fact that the new Pickles seemed to be having trouble aiming the thing straight, it's possible his girlfriend is even more ambitious.  Maybe Allen should rethink the whole idea of giving these people video recorders.

And yes, the rules for private v public are probably different, but most likely vary state to state.

rlj-a spattering of all.  I can help you out off RK with an email address if you like.

I second that.  I laughed to.

it just cracks me up every time I read it.

She is fucking hilarious.

"Hunter now has a JOB. he is tracking around democratic candidates and filming them and they are sending him all over the state. so that means that on his way into the recesses of southwest virginia, he stopped by to see me last night. we had sushi from Hibatchi. then promptly went atop Mill Mountain and had glorious sex out in the wildflower garden."

GLORIOUS.

Nothing cures young Republicans faster than learning that the GOP is trying to outlaw non-reporductive sexual acts.

I had the pleasure of kicking Matt Pinkser out of the 5th CD Democratic convention on May 20. I've got more photos if we want to post them

Man, I need to take some class lessons from Pickles "lady."

This is hot, btw...

"the paycheck i will get on friday will be the first money that i have ever earned that has meant anything more than $ to blow on whatever i want. i'm excited, this should be a very liberating experience. i feel like i need to find a guy that's still a virgin and fuck his brains out. for some reason, i really think that would make me feel better. not entirely sure why but... hey."

GOP hypocrisy breaks up a relationship.  Sad in a way, but I think entirely justified.  Now she can move on to a good Democrat man, who's not ahsamed to shack up with her.

Tommy the paine the toe is bloggin over at Richmond Report ...
http://blog.washingtonpost.com/richmondreport/2006/05/the_endorsement_race_continues.html#comments

Does that guy have nothing better to do?  I'm watching the countdown to the release of the Half-Life 2 expansion.

the allen folks are nothing but tacky...

has been posted before...

Time to turn the camera on the camera man.  Probably not a bad idea to get some video footage of Pinsker filming Webb.  It might come in handy during the general.