MC5’s Wayne Kramer Files Suit Over ‘No on Prop. 23’ Ad for Using 1968 Band Footage (EXCLUSIVE)

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The ad spot, now taken out of circulation, opened with three seconds of unidentified footage of the MC5 performing at the Festival of Life in Chicago during the Democratic convention of 1968

has filed suit in a California court against a political action committee behind the No. on Prop 23 campaign, contending that a commercial widely broadcast in the weeks running up to the election used vintage footage and appropriated his likeness without permission.

Kramer and his reps say the juxtaposition suggests that Gross is referring to Kramer as someone she might have lurid stories about — and that the footage was illegally used, in any instance, since it was unlicensed and could only have been pulled off of Kramer’s social media accounts. The No on Prop. 23 campaign took down the commercial upon getting Kramer’s initial cease-and-desist, but says the footage was purchased.

She added that “the Department of Defense has not done anything with” the footage, “but it has been viewed tens or hundreds of thousands of times in the aggregate across Wayne’s fan base. … We were bombarded with private messages to our phones, in our DMs, in Facebook questions, from people who were very confused” about whether he was endorsing the cause, she said.

The complaint was filed Oct. 16 in U.S. District Court in the western division of the central district by Kramer’s Chicago-based attorney, Heather L. Blaise. It names the No on 23 PAC as a defendant along with a dozen other individuals and corporations the Kramers believe are associated with the commercial. Although Gross is named among the defendants, Margaret Saadi Kramer does say that Gross “likely had no knowledge of how they were going to cut the piece.

 

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