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January 8, 2013

January 8, 2013

Statement authorized by Public Advocate of the U.S. Inc. for release Tuesday 9 a.m. EST January 8

On Christmas Eve, Public Advocate filed its Reply Brief in support of its Motion to Dismiss the Plaintiffs' Complaint. Public Advocate reiterated its reliance on the First Amendment as a complete defense to Plaintiffs' claims.

Specifically, Public Advocate asks the Court to dismiss Plaintiffs' claims of copyright infringement and misappropriation of likeness by citing Colorado and federal cases that demonstrate Public Advocate's actions were within the law."

The reply brief says in part

"Plaintiffs' Misappropriation Claim is Barred by the First Amendment"........

"They (the plaintiffs) made a very public statement concerning an issue about which they are passionate, and if they did not want others to comment on their photograph they should never have posted it on the Internet."...........

And also the reply brief says:

"This is not a privacy case. Edwards and Privitere placed their photograph on the Internet, not Public Advocate. "

and "Plaintiffs' Own Allegations Establish Public Advocate's Fair Use Defense"

This is a link to a copy of the reply brief filed by Public Advocate's legal team Christmas Eve (announced Jan. 8, 2013)

http://www.publicadvocateusa.org/library/Reply_Brief_filed.pdf