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Candidate demands political ad be taken down

Posted at 5:29 PM, Apr 19, 2016
and last updated 2016-04-19 20:46:55-04

A Nevada congressional candidate is demanding a new political advertisement be taken down over alleged use of unauthorized footage.

Dr. Annette Teijeiro's campaign is sending a cease and desist letter to rival candidate Danny Tarkanian over a new ad airing in Las Vegas. The two Republicans are running in the primary for Nevada's 3rd Congressional District.

Tarkanian's ad, which began airing Monday, uses footage of state Sen. Michael Roberson at a candidate forum in March filmed by the Teijeiro campaign. The ad doesn't mention Teijeiro.

The letter states that Tarkanian is engaged in copyright infringement, and asks the campaign to take down the ad in 10 days or face further legal action.

Tarkanian's campaign responded by calling the letter a "sideshow," and said use of the footage falls under fair use.

"Our looped snippet of a publicly posted video of a public event falls well within 1st Amendment protections and fair use doctrine," Tarkanian campaign manager James Fisfis said in an email.

Fisfis also pointed to a 2010 ad by Tarkanian against Democratic Sen. Harry Reid, which used ample footage from "The X-Files" without a copyright claim.

Tarkanian has launched several unsuccessful bids for office, most recently running in Nevada's 4th Congressional District in 2012. Teijeiro ran a losing bid against current Rep. Dina Titus in 2014.

Roberson and Tarkanian lead the crowded field in fundraising. Other candidates in the race are Assemblywoman Michele Fiore, Andy Matthews, Kerry Bowers, Sami Khal and Teijeiro.

Nevada's primary election is scheduled for June 14.

Cease and Desist Letter Tarkanian