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Raymen v. United Senior Association, Inc.

United States District Court for the District of Columbia

409 F. Supp. 2d 15 (2006)

Facts

While waiting to get married at city hall, Steven Hansen and Richard Raymen (plaintiffs) kissed. A photographer from Portland’s Tribune newspaper took a picture of the moment and published it. United Senior Association, Inc. (USAI) (defendant), a nonprofit organization, repurposed the picture without consent for an advertisement opposing the policy agenda of the American Association of Retired Persons (AARP). The advertisement did not mention USAI, but it referenced AARP and featured a picture of a soldier with a red X over it, next to the picture of Hansen and Raymen kissing with a green checkmark over it. The advertisement was published on the website of The American Spectator magazine, and if a user clicked on the advertisement, the user would be taken to USAI’s website, where donations could be made. Hansen and Raymen sued USAI for invasion of privacy based on a misappropriation of their likenesses.

Rule of Law

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Issue

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Holding and Reasoning (Walton, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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