Sunday 12 October 2014

[WardFive] Fw: [WARD5] UPDATE: Re Unauthorized Use of My Photo On Your Campaign Literature

Ms. Masters,

This is to follow up on my email to your contact Allison Abney on Mon, Sep 22, 2014, 11:49am, regarding the use of a photo with me included on your campaign literature without my permission, especially since I am supporting Paul Zukerberg.  This was an old photo taken either a DC Statehood protest many years ago, or from a prior annual March on Washington.

On Sep 13, 2014, at the H St NE Festival, as you will see below, I tried to talk with your campaign mgr, Kemery Hughes about it, his response was, "they could use the photo because it was on the Internet (DC Vote website) and was under the -Fair Use Act", and he didn't have any way to contact me".  Kemery knew/was aware of many possible ways to contact me prior to the printing of this campaign literature.  He also had an email address for me.

On Thu, Oct 2, 2014, at the AG Candidate Forum at the MLK Jr. Library, my question about this issue and the required ethics of the first attorney general was directed to you.  Your response was, "it was once on the DC Vote website and the Fair Use Act allows for it."

This brought into question your ethics in handling this situation, and how you would handle questionable legal issues as the potential AG. Would it be in the best interests of the residents, the District, or benefit yourself?

Such flippant responses did not do the law the required justice, and has caused harm to my reputation as a former public offical, now a recongized public figure, which allegedly was why it was used, to gain votes from the majority African American communities, and possibly other demographics, recognizable for the reputation and respect I've developed for the work I have done in DC on behalf of our citizens, not your efforts to build a relationship on your own.

Kemery's and you response was deceptive and a misrepresentation of the Fair Use Act, even though DC Govt doesn't have a law for the District and uses the Federal law, if you/your campaign had done the required appropriate review of the Fair Use Act, there is/are still laws relating to Publicity & Privacy use of an individuals/organization when it comes to this law, especially in political campaigns.  You had the responsibility to obtain a release from me to use this photo, especially for a different purpose, your political campaign.

Last week, I further learned that your campaign workers had blanketed my former SMD with your campaign literature.  Some of your workers made a direct efforts in pointing out me in the photo, giving the impression of an endorsement, which is not the truth, a further misrepresentation of my position on your candidacy.

Yesterday, At the Columbia Heights Festival, was I was walking by, you introduced yourself, and attempted to hand me your campaign literature.  I asked did you know who I am, to which you had a puzzled look.  When I identified myself, your expression changed, and you apologized.  I responded, "yes, but you are still handing out the literature with my photo on it", so it deterred me from accepting this apology.

There are glaring problems with the use of this photo. First, with 4 of the 5 in the photo having the DC Vote logo on their T-shirts, DC Vote is a non-profit organization, which cannot directly endorse a candidate.  I am aware that you may have received a campaign donation from the DC Vote director.  DC Vote, whose name is trademarked and its contents copyrighted,  website terms & conditions clearly states:

Copyrights & Trademarks
"All rights in text, photographs, illustrations, artworks, and other graphic material are reserved to DC Vote and/or the copyright owners. Prior permission to use, to reproduce, or to reprint any photograph, illustration, artwork, or other graphic material must be obtained from the copyright owner, regardless of the intended use. The text materials contained in this Site may be used, downloaded, reproduced, or reprinted, provided that this copyright notice appears in all copies and provided that such use, download, reproduction, or reprint is for non-commercial or personal use only. The text materials contained in this Site may not be modified in any way.
Any use of "DC Vote," other references to DC Vote, or of the text or graphic materials contained in this Site, in any manner to express or imply endorsement, sponsorship, affiliation, or association of the user with or by DC Vote is strictly prohibited."  

Though information is allowed for personal use, the Publicity & Privacy laws are still required, nor does your campaign literature have a disclaimer regarding a non-endorsement by DC Vote which is strictly prohibited.

But for your approval of having this photo on your campaign literature without a proper release from me, and in spite of me endorsing/supporting Paul Zukerberg, has caused me to now have to unwittingly focus on having to tell voters who have asked me about whether I'm endorsing you, or now having to go on a campaign of my own to inform the citywide voters that I am not endorsing/supporting you for the first elected DC Attorney General position.   

Your actions, to misrepresent me as endorsing your candidacy to gain benefit by votes from the residents for your political campaign has caused harm to my reputation.  This hurts, especially with all the trials & tribulations female candidates have had to go through to be seen as legitimate candidates for office in DC.

It is your responsibility to fully accept the confusion your campaign caused, and do right by me.


Albrette "Gigi" Ransom

----- Forwarded Message -----
From: Gigi Ransom <gigifor5c12@yahoo.com>
To: "WARD5@yahoogroups.com" <WARD5@yahoogroups.com>
Sent: Tuesday, September 23, 2014 11:27 AM
Subject: Re: [WARD5] BEWARE! Lorie Masters AG Campaign Using Deceptive, Unethical Practice to Win Attorney General Election!

Thanks Deb! Though I didn't know about this lit being out for a while, however, yes, there is a principle & respect deserving more than ever since this would be our city's attorney, and should be above reproach!!!.  What bothered me the most was the way Kemry treated me. No respect, total disregard.  I deserve better!

Ms. Masters wasn't my candidate at all from the beginning. If I had seen this lit sooner, I would have spoke up sooner.

I did contact the Ofc of Campaign Finance.  Though they also sensed a problem with using an old photo, it was requested that before filing a complaint, I should first contact Ms. Masters to remove/discontinue the use of this lit, which I tried to do yesterday through an email & tele# on her website.  No reply as of my reply to you.

Yes, I agree that she thought it showed her involvement in the movement, which it did, but with the inclusion of others on campaign lit, could also be seen as support for her campaign.  There may be a way to clear this up by the simple use of a sticker, but I haven't been contacted to at least receive an apology for what is now "confusion", and work thru this.  I hope it is coming very soon or else I will file a complaint and distribute throughout the wards. 
 
Albrette "Gigi" Ransom


From: "Debbie Steiner DLSmith112@msn.com [WARD5]" <WARD5@yahoogroups.com>
To: "WARD5@yahoogroups.com" <WARD5@yahoogroups.com>
Sent: Tuesday, September 23, 2014 6:58 AM
Subject: Re: [WARD5] BEWARE! Lorie Masters AG Campaign Using Deceptive, Unethical Practice to Win Attorney General Election!

 
GiGi, when I looked at the lit, my first impression was that Lorie Masters wanted the city to know she has been active with DC Vote for years, and used that photo for that reason only.  Her campaign, considering the post of what she seeks, should have contacted you but didn't.  I don't honestly think anyone in DC will get the impression that you are supporting two candidates since this lit came out way before you announced, and have been a stronger vocal support of Zuckerburg's.  Paul, I
believe, as you, is the only person deserving of the job and I and others like you need to continue being the drum majors for just that reason. 

Countless times it has been noted how there is a low turnout amongst the voters being interested in who running in for the AG position.  From what I am hearing on the streets - Zuckerburg is the only one who is deserving of that position while the other candidates are opportunist. 

My 2¢ if it means anything 

*******************************************
"Your instincts are your barometer of safety, trust it."
                        Me


On Sep 21, 2014, at 2:37 PM, "Gigi Ransom gigifor5c12@yahoo.com [WARD5]" <WARD5@yahoogroups.com> wrote:

 
On Sat, Sept 20, 2014, I was at the H St NE Festival.  I came across the Lorie Masters for DC Attorney General Table.  Kemry Hughes was working the table.  I was told to look at Ms. Masters campaign lit. I did, initially identified who looks like Eugene Kinlow on the right, Lorie Masters in the middle of the photo with their "DC Vote" & "Taxation without Representation" T-Shirts.
 
I choose to focus on the text of the document. I was again directed to look at the photo, & was pointed to the woman on the left side, which to my surprise, was ME!  This photo was at least 3-5 years old if not older.  Most important concern was due to my earned credibility in DC as an advocate, former ANC, etc, this now widely distributed campaign lit would give the impression that I am supporting/endorsing Ms. Masters for the AG position in the Nov 4th General Election, which is far from the truth!  I have already been endorsing another candidate, Paul Zukerberg. This is known in Ward 5 where I live, and has probably been shared.  Paul filed in court for the AG position election to be held as legislated, and won! He deserves the position.
 
For the record, and to avoid any confusion about this posting, Paul had nothing to do with me responding to what I'm alleging is an act of desperation, unfair & unethical campaign practice to intentionally deceive the DC voting public about who I'm supporting/endorsing for the Attorney General position in the Nov. General Elections.  Those that have supported & followed me as an ANC know I can think & speak for myself.
 
I asked Kemry why this old photo was used for Ms. Masters AG campaign without my knowledge & first contacting me to sign a release form? Kemry replied, "they could use the photo because it was on the Internet and was under the "Fair Use Act", and he didn't have any way to contact me".  Really got concerned at this point because I've known Kemry since the early part of the Kelly Administration, we protested together, were arrested together in the 1993 Statehood movement; testified on numerous bills. I previously supported some of the issues he was working on, and considered him a friend.
LinkedIn describes Kemry as: Aggressive, recognized community leader with over 30 years of managerial skills in, sales, political, & non-profit work.
 
So, as to being able to contact me, I have no doubt Kemry could have contacted McDuffie, and any other CMs office to get my tele#, email or a msg to me, along with the same from Mayor Gray's office. Let's not forget thru some of the ANCs & residents throughout the city.  Upon looking at his cellphone, he had an EM for me.
 
As to Kemry directing me to the "Fair Use Act", it applies to the use of copyrighted materials. I could not find when this photo was copyrighted, nor could I find the photo on DC Vote's website, or either by Google or Yahoo image searches.  The photo on the campaign lit is not copyrighted, but just plain respect and the integrity & ethics of the process should have come to mind, by both Kemry & Ms. Masters, who I'm sure approved this final product. Truly disappointing!
 
In my opinion, winning by any means necessary played a role in this decision, and definitely without regards for the potential adverse impact on my reputation.  This hurts!!! Though I'm for DC women continuing to diversify elected positions, I expected better from Ms. Masters.  Now looks like I'm double dipping, supporting a male & female candidate for the same position, especially depending on how this false information filters to the DC voters.
 
It's a simple thing, this political campaign should have taken a 2014 photo of one or some DC resident(s) who support Ms. Masters with their "DC Vote" or "No Taxation without Representation" t-shirts on, adding a simple disclaimer to the campaign lit, "This is not a "DC Vote" endorsement", or with a DC Office of Campaign Finance directed appropriate disclaimer.
 
This raises questions about how Ms. Masters would operate if elected to the AG position, no matter what the campaign lit says.  Assured quality of produced prior body of work and integrity of her political campaign should stand for itself.  With this tactic of not playing fair, doesn't seem that way to me, and I hope all our other DC registered voters agree with me and chose an AG candidate that truly honors integrity in and respect for the process!
 
Albrette "Gigi" Ransom
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Posted by: Debbie Steiner <dlsmith112@msn.com>
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