YDS Declares Victory and Thanks Supporters

This is an important post for me. Last week the Ohio House Republican Campaign Committee, acting on behalf of Rep. Earl Martin (R-Avon Lake), committed the illegal act of stealing a photograph from this blog and using it without permission in a baseless attack ad against challenger Matt Lundy (D-Elyria). My initial protests were brushed off, with both Martin and the Ohio Republican Party asserting that my communications to them were misdirected.

Having passed the buck, the Republicans next declared that they intended to continue violating my intellectual property rights whether it was legal or not. Scott Borgamenke, chief of staff to House Speaker Jon Husted (R-Kettering), told the Elyria Chronicle Telegram that they would look into the issue of whether my rights had been violated, but either way the ad would continue to run. "We won't change the ad," he said. "He can take us to court if he wants to."

After this stunning admission of disregard for the law, respected attorney Subodh Chandra and intellectual property expert (and 98th Ohio House District candidate) Raymond Ku stepped in to help vindicate my rights. In the course of preparing to file a federal copyright lawsuit, Chandra faxed a letter to the television stations and ad agency, requesting that the ad be retracted and stating our determination to sue, with copies to Martin and the OHRCC.

The Republicans folded. They had no intention of obeying the law before I had powerful representation, but afterward they swiftly announced that they would pull the offending ad and stop using my photograph. They did not admit their wrongdoing or apologize. (Rep. Earl Martin even told a reporter for the Elyria Chronicle Telegram that my threatened legal action is the kind of "frivolous lawsuit" that he combats as a legislator.) However, it is plain beyond real argument that they recognized their wrongdoing, and when they realized that they could not get away with it they capitulated.

I could have proceeded to file the lawsuit, in order to collect statutory damages and attorneys fees for the violation that occurred, but I made the decision to accept my out-of-court victory and move on. I did not obtain an apology or monetary compensation, but I stood up to them and made my voice heard and I believe that an important precedent has been set. Also, I helped to reveal the disregard for the law on the part of the Ohio House Republican Campaign Committee and Rep. Earl Martin, and that may be the most important aspect of this victory.

I thank Subodh Chandra and Professor Raymond Ku wholeheartedly for their timely and expert assistance. I also thank the many bloggers who backed me up, both on their blogs and behind the scenes, including Cindy, Bill, Eric, George, Jill, Redhorse, Scott, and Russell. Finally, I thank the readers who left supportive comments or sent email messages.