Miss Universe v. National Organization for Marriage [1]

On May 4, 2009, counsel for Miss Universe L.P., LLP ("MUO") [2] sent a cease-and-desist letter [3] to the National Organization for Marriage ("NOM") [4] complaining about an advocacy ad entitled "No Offense [5]," which incorporates excerpts from the televised broadcast of the 2009 Miss Universe pagent.  The letter claimed that the ad violated MUO's copyright and objected to NOM broadcasting the ad on television and posting it on YouTube, Twitter, and Facebook.

According to NOM, the ad "highlights the efforts of same-sex marriage activists to silence and discredit pro-marriage advocates, calling them 'liars,' 'bigots,' and worse." It focuses on the controversy surrounding Miss California Carrie Prejean's answer to a question about gay marriage during the 2009 pageant. The footage that MUO objects to depicts Miss Prejean responding to a question from celebrity blogger and pageant judge Mario Lavandeira, saying "I believe that a marriage should be between a man and a woman. No offense to anybody out there . . . ."

On May 5, counsel for NOM responded [6], rejecting MUO's demand that it cease and desist from broadcasting and posting the ad and arguing that its incorporation of the 2009 pageant footage for purposes of politcal commentary is a fair use.