Original picture by Kristina Hill.
Altered picture for attack ad.
It may seem odd that, on the case law, the photographer has a much better claim via copyright (though not an obvious winner, there's plaintiff-favorable precedent for things like music) than the subjects, but that's how it is. Note how the background has been changed too, to suggest the intrusion of love into a rural setting. Politically I'm not sure whether that works better, but it does make the copyright claim more difficult. The Southern Poverty Law Center sent a C&D on behalf of the couple and the photographer. As my comments indicate, I'm skeptical; many awful instances of political speech aren't and shouldn't be actionable.(HT Ann Bartow.)
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