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Mascara ads draw fire from NRA
Josey1
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Mascara ads draw fire from NRA
By Richard Gazarik
TRIBUNE-REVIEW
Monday, May 20, 2002
In the closing days of his primary election battle against a fellow incumbent, U.S. Rep. Frank Mascara of Charleroi has been forced to change a newspaper ad that drew a sharp rebuke from the National Rifle Association. The NRA said Mascara's ad falsely implied its support.
Meanwhile, radio stations in the Johnstown area pulled a Mascara commercial after WTAE-TV reportedly complained that the radio spot included unauthorized use of WTAE material.
In its original form, the newspaper ad used the NRA's trademark phrase "I am the NRA" in reference to a Charleroi supporter of Mascara.
The NRA complained in writing that the ad falsely implied the organization was endorsing Mascara. In fact, the NRA last month announced its endorsement of his opponent in the Democratic primary, U.S. Rep. John Murtha of Johnstown, for re-election in the 12th District.
The NRA praised Murtha for his "A+" rating on gun issues and his "long-standing commitment to protecting our Second Amendment rights."
"Your 28 years in Congress of consistent advocacy for the rights of law-abiding gun owners makes you the strongest pro-gun candidate in this primary election," wrote Charles Cunningham, director of federal affairs for the NRA.
Mascara's "I am the NRA" ad was published in at least one southwestern Pennsylvania newspaper, prompting the NRA's warning that the "use of this trademarked NRA phrase may mislead NRA members and supporters in the upcoming Democratic primary election."
Mascara campaign manager Billy Horton of Texas said his candidate has enjoyed the longstanding, strong support of gun owners. He said the NRA has supported Mascara both politically and financially in past campaigns.
"I thought the NRA had agreed to stay out of this race," Horton said.
Knowing that the NRA had endorsed Murtha, the Tribune-Review refused to run Mascara's "I am the NRA" ad on the advice of its lawyers, Editor Tom Stewart said.
A revised version of the ad didn't include the trademark phrase; instead it identified the Mascara supporter as an NRA member. "Based on Mr. Horton's track record, our lawyers advised us to get verification that this man was indeed a member of the NRA before we ran the ad," Stewart said. "We informed Mr. Horton of this requirement on Thursday. He knew he had until Sunday at noon to show us or fax us some proof of the man's membership. He did not, so we can't run the ad."
Horton yesterday threatened legal action against the Tribune-Review. "I'm going to sue your newspaper and editor. I'm going to sue him into oblivion," Horton said.
Radio stations in Johnstown and Somerset pulled the Mascara commercial, a station manager said, after WTAE-TV complained that the campaign spot included unauthorized use of the television station's product.
Horton said a media buyer for the Mascara campaign had purchased footage from a free-lance videographer who sometimes works for WTAE-TV. According to Horton, he didn't know there was a problem until WTAE officials contacted him and said the audio contained the voice of a WTAE-TV reporter, which he was not allowed to use.
"We bought the ads from a free-lancer who sold us the sound," Horton said. "Even though we bought the audio, we pulled the ads. ... I agreed to pull the ad because it did have a WTAE reporter's voice on it. There never was a question about copyright laws or something we didn't own the right for.
"In my opinion, we own the rights to (the audio)," Horton added.
Christine Hillard, station manager for WKYE and WSPO in Johnstown and WVSC in Somerset, told Murtha's campaign that WTAE-TV officials called her and "demanded" the commercial be pulled from air play.
"They said Billy Horton would be calling to pull it, but Horton never called. I pulled it anyway because it used a clip that wasn't authorized," Hillard said in a press release issued by Murtha's campaign office.
Hillard did not respond to a phone message on Sunday. A person answering the telephone said Hillard was out of town.
Horton said the Mascara campaign had already decided to pull all radio commercials prior to Tuesday's primary. "I haven't run a radio ad in four days," he said. "We pulled all of our radio money and put it all into TV."
Richard Gazarik can be reached at rgazarik@tribweb.com or (724) 830-6292. http://www.pittsburghlive.com/x/s_72311.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
By Richard Gazarik
TRIBUNE-REVIEW
Monday, May 20, 2002
In the closing days of his primary election battle against a fellow incumbent, U.S. Rep. Frank Mascara of Charleroi has been forced to change a newspaper ad that drew a sharp rebuke from the National Rifle Association. The NRA said Mascara's ad falsely implied its support.
Meanwhile, radio stations in the Johnstown area pulled a Mascara commercial after WTAE-TV reportedly complained that the radio spot included unauthorized use of WTAE material.
In its original form, the newspaper ad used the NRA's trademark phrase "I am the NRA" in reference to a Charleroi supporter of Mascara.
The NRA complained in writing that the ad falsely implied the organization was endorsing Mascara. In fact, the NRA last month announced its endorsement of his opponent in the Democratic primary, U.S. Rep. John Murtha of Johnstown, for re-election in the 12th District.
The NRA praised Murtha for his "A+" rating on gun issues and his "long-standing commitment to protecting our Second Amendment rights."
"Your 28 years in Congress of consistent advocacy for the rights of law-abiding gun owners makes you the strongest pro-gun candidate in this primary election," wrote Charles Cunningham, director of federal affairs for the NRA.
Mascara's "I am the NRA" ad was published in at least one southwestern Pennsylvania newspaper, prompting the NRA's warning that the "use of this trademarked NRA phrase may mislead NRA members and supporters in the upcoming Democratic primary election."
Mascara campaign manager Billy Horton of Texas said his candidate has enjoyed the longstanding, strong support of gun owners. He said the NRA has supported Mascara both politically and financially in past campaigns.
"I thought the NRA had agreed to stay out of this race," Horton said.
Knowing that the NRA had endorsed Murtha, the Tribune-Review refused to run Mascara's "I am the NRA" ad on the advice of its lawyers, Editor Tom Stewart said.
A revised version of the ad didn't include the trademark phrase; instead it identified the Mascara supporter as an NRA member. "Based on Mr. Horton's track record, our lawyers advised us to get verification that this man was indeed a member of the NRA before we ran the ad," Stewart said. "We informed Mr. Horton of this requirement on Thursday. He knew he had until Sunday at noon to show us or fax us some proof of the man's membership. He did not, so we can't run the ad."
Horton yesterday threatened legal action against the Tribune-Review. "I'm going to sue your newspaper and editor. I'm going to sue him into oblivion," Horton said.
Radio stations in Johnstown and Somerset pulled the Mascara commercial, a station manager said, after WTAE-TV complained that the campaign spot included unauthorized use of the television station's product.
Horton said a media buyer for the Mascara campaign had purchased footage from a free-lance videographer who sometimes works for WTAE-TV. According to Horton, he didn't know there was a problem until WTAE officials contacted him and said the audio contained the voice of a WTAE-TV reporter, which he was not allowed to use.
"We bought the ads from a free-lancer who sold us the sound," Horton said. "Even though we bought the audio, we pulled the ads. ... I agreed to pull the ad because it did have a WTAE reporter's voice on it. There never was a question about copyright laws or something we didn't own the right for.
"In my opinion, we own the rights to (the audio)," Horton added.
Christine Hillard, station manager for WKYE and WSPO in Johnstown and WVSC in Somerset, told Murtha's campaign that WTAE-TV officials called her and "demanded" the commercial be pulled from air play.
"They said Billy Horton would be calling to pull it, but Horton never called. I pulled it anyway because it used a clip that wasn't authorized," Hillard said in a press release issued by Murtha's campaign office.
Hillard did not respond to a phone message on Sunday. A person answering the telephone said Hillard was out of town.
Horton said the Mascara campaign had already decided to pull all radio commercials prior to Tuesday's primary. "I haven't run a radio ad in four days," he said. "We pulled all of our radio money and put it all into TV."
Richard Gazarik can be reached at rgazarik@tribweb.com or (724) 830-6292. http://www.pittsburghlive.com/x/s_72311.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878