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Rick Perry Ad Appears To Break Rules With Use Of Official White House Photo (VIDEO)

First Posted: 10/10/2011 2:24 pm Updated: 12/10/2011 4:12 am

A new, slickly produced campaign ad from Texas governor and GOP presidential candidate Rick Perry appears to run afoul with the rules with its use of an official White House photograph, Juli Weiner of Vanity Fair reports.

The web-only spot, released Monday morning, launches a harsh attack at rival presidential contender Mitt Romney. The clip links the former Massachusetts Governor to President Barack Obama for his overhaul of the Bay State's health care system while in office.

In one cut from the video, Obama is seen looking at his reflection in the mirror, before, with a thunder clap, Mitt Romney's face replaces the president's alongside the text "Nice Try." The Perry campaign suggests Romney's not a true "conservative."

The shot, which looks like it has taken a cue from a horror film, appears to highlight an official White House picture taken by photographer Pete Souza without following the administration's rules for using the image.

The caption on the photo indicates that it was originally taken backstage at the U.S. Capitol on Inauguration Day in 2009, as then-President-elect Barack Obama was about to walk out to take the oath of office.

Many behind-the-scenes photos are made accessible to the public through the White House Flickr stream, though, as Weiner points out at Vanity Fair, there is some fine print that the Perry campaign seems to have ignored.

According to the terms of use as stated on the White House Flickr feed:

This official White House photograph is being made available only for publication by news organizations and/or for personal use printing by the subject(s) of the photograph. The photograph may not be manipulated in any way and may not be used in commercial or political materials, advertisements, emails, products, promotions that in any way suggests approval or endorsement of the President, the First Family, or the White House.

ABC News reports that Perry's latest ad comes as the Texas governor's campaign prepares to unleash a $20 million advertising assault on Romney in the months leading up to the election season's early primary contests.

Below, the photo in question as it appears on the White House Flickr stream. Scroll down for a screenshot of how the image appears in the ad from Perry's campaign.

Here's a screenshot from the Perry campaign ad.

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HUFFPOST SUPER USER
Chris Paleczka
Don't want Government? Move to Somalia.
01:08 PM on 10/14/2011
It wouldn't be the first time Perry breaks some rules...

1. An investigative report by the Dallas Morning News showed that Rick Perry coordinate­d with two business partners to flip land he purchased and sold in order to profit more than $500,000. Perry covered-up this scandal by refusing to release the public listing agreement, attempting to hide the identity of the land buyer and hiding the fact that the buyer was a business partner with the original seller.
2. On October 19, a smoking gun memo surfaced detailing how Perry appointed friends and donors to the Teacher Retirement System Board who steered hundreds of millions of teacher dollars - and millions in fees - to firms run by Perry donors. In 2000, when Perry took office, the TRS had more assets than it needed to fund retiree benefits for more than 30 years. But now, the TRS has an unfunded liability of $21.6 billion.
3.Rick Perry sells state government and public office to his campaign donors. His use of political appointees as arms of his campaign re-electio­n team is one of the easiest and most thoroughly documented examples of his unending corruption­. Overall, Perry’s pay-to-pla­y public corruption practices have rewarded him with $17 million in campaign cash from his political appointees and their spouses.
more on http://www­.burntoran­gereport.c­om/diary/1­0951/rick-­perrys-cov­erup-and-c­orruption-­a-ten-part­-series
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littlebrowngirl
Brevity is the soul of wit - Shakespeare
12:20 AM on 10/12/2011
Rick Perry don't follow no rules, dang Nabit !! ( takes gunn from chaps and shoots it in the air).
12:07 AM on 10/12/2011
Rick Perry maybe a bright shinning star in Texas, but on the national scene he is a light bulb....His political success in Texas, forces one to wonder about the politics there. Texans, should consider him to be embarrassing.
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SteveDenver
Progressive and liberal, just like Jesus Christ.
11:42 PM on 10/11/2011
What is the penalty for misuse of the photo? Surely there's a big bad spanking for political misuse.
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HUFFPOST SUPER USER
wendy82551
Rockin' the cranky.
10:47 PM on 10/12/2011
Well, it's theft, not "political misuse." If you made a living as a photographer, you might be touchy about it.
HUFFPOST SUPER USER
mcartri
11:30 PM on 10/11/2011
What's rules mean to the governor of a state that seceded from the Union? Forget that U.S. Constitution stuff. Rules and laws are for losers.
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HUFFPOST SUPER USER
flyingfortresb17
08:50 PM on 10/11/2011
Rick Perry is known to take things out of context mix them around and use materials which are normally sacrosanct and attach them to political attack ads. He did it in Texas and he will do it again and again in the race for the nomination. Just wait until and if and hopefully not that he obtains the nomination. He will sling mud, attack without qualm and just short of really lying produce political ads against our president. Now I am positive I will not vote for him in the Texas primary and will do as necessary anything legal to keep him from the nomination. He has lied to the people of Texas and his brand of Religion is bigoted and discriminatory. He will use his attack dogs of the religious leaders to defame Romney and any other candidate who gets in his way. Given the choice I would even vote for Obama to keep him out of the WHite House.
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HUFFPOST SUPER USER
ReverendKen
Devout Hedonist & Radical Atheist
07:57 PM on 10/11/2011
You can tell a Texan, you just can't tell him much.
SDindependent
SDindependent1 on twitter, old warrior and grandpa
07:52 PM on 10/11/2011
The man is becoming an embarrassment even to Texas, he may be working his last gig as a big shot pol.....
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HUFFPOST SUPER USER
Rheinbear
I believe in the right to keep and arm bears.
09:04 PM on 10/11/2011
He has always been an embarrassment to Texas. Now it's just more public.
apoyo
Micro-bio? Sounds serious.
07:26 PM on 10/11/2011
Barring Perry's foolishness, that is an awesome image of the president.
Wonder what he was thinking at that pivotal moment of history.
No matter all the naysayers, we have to feel proud.
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HUFFPOST SUPER USER
wendy82551
Rockin' the cranky.
10:48 PM on 10/12/2011
That's why I find Perry's theft particularly egregious. Pete Souza is a great, great photographer, and having one of his images messed with like that is just a crime.
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HUFFPOST PUNDIT
larmarch5
07:16 PM on 10/11/2011
The harder T-Rick tries, the lamer he gets. Now the polls indicate that the GOTP front runner is Noopi Nion.
HUFFPOST SUPER USER
dmm1047
07:10 PM on 10/11/2011
I think what people are seeing is that Texas politicians are so overrated. Must be all the manure.
This user has chosen to opt out of the Badges program
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MaybeMilo
"You can't fight in here. This is the War room!"
06:43 PM on 10/11/2011
Perry?

Rules?

Ludicrous. He makes them up as he goes along.
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HUFFPOST COMMUNITY MODERATOR
mairs
06:27 PM on 10/11/2011
What.... no morphing of Bin Laden's head into the face of Romney? Not yet anyway.
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HUFFPOST SUPER USER
Watch Maker
Gay military vet
06:26 PM on 10/11/2011
Perry is trailing and failing, his departure from the race is inevitable. Good riddance!!!
This user has chosen to opt out of the Badges program
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MaybeMilo
"You can't fight in here. This is the War room!"
06:43 PM on 10/11/2011
You ain't kidding.
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HUFFPOST SUPER USER
TaiJi2
05:36 PM on 10/11/2011
"any way suggests approval or endorsement of the President, the First Family, or the White House."

Umm, no - apparently does NOT break the rules as quoted. (Unless Perry ad was implying the President's endorsement!)
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HUFFPOST COMMUNITY MODERATOR
mairs
06:22 PM on 10/11/2011
This part, genius:

"This official White House photograph is being made available only for publication by news organizations and/or for personal use printing by the subject(s) of the photograph. The photograph may not be manipulated in any way and...."
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HUFFPOST SUPER USER
TaiJi2
06:57 PM on 10/11/2011
Right. Missed that.
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HUFFPOST SUPER USER
mjtaylor22
06:51 PM on 10/11/2011
The photograph may not be manipulated in any way and may not be used in commercial or political materials, advertisements, emails, products, promotions that in any way suggests approval or endorsement of the President, the First Family, or the White House
White House photograph is being made available only for publication by news organizations and/or for personal use printing by the subject(s) of the photograph..
if nothign else there are copy wirte laws for the photographer......butttt when repugs lie steal and break the law...conservatives look the other way