On February 7th, 2011, the Las Vegas Sun reports that Righthaven LLC,
a serial litigator who files copyright lawsuits against various people
without warning, has now targeted Dr. David Duke for alleged copyright
infringement. They're asking $150,000 plus forfeiture of the
WhiteCivilRights.com domain name. Both Dr. Duke and his nonprofit
European-American Unity and Rights Organization (EURO) are named as
defendants; he's posted no reaction on his website yet. The suit was
filed on February 4th, 2011 in U.S. District Court in Colorado, and has
been designated Case No. 1:2011cv00307; the suit documents are
available for purchase HERE (I've found no free alternatives yet).

[Ed. Note: Righthaven is also going after Pajamas Media for the same
thing. This story is also of interest because isn't a case of someone
just grabbing a photo to illustrate a story. Instead, the opening
paragraphs -- which clearly identify and link to the Denver Post as the
source of the image -- are about how this image has "become the symbol"
of the "Don't touch my junk" movement. It would seem that this gives
Pajamas a really strong fair use claim, since the image was being used
within a news report for commentary on the iconic nature of the image.
Newspapers and other media have long used similar situations to claim
fair use over imagery.]

Righthaven accuses Dr. Duke of allowing a Denver Post photo of a TSA
officer patting down a passenger at Denver International Airport from
November 18th, 2010 to be posted on WhiteCivilRights.com. A Righthaven
court exhibit shows the Denver Post photo accompanying a column by
James Buchanan complaining about the highly intrusive enhanced TSA
screening and pat-down procedures. The exhibit shows the Denver Post
was not credited as the source of the photo on Duke's website.

Research indicates the only qualifying post is the one entitled "TSA
Abuses: Is Flying A Right Or A Privilege", published on November 24th,
2010. It shows a picture of a TSA officer grabbing a man's crotch with
his right hand and holding the man's belt with his left hand. However,
a Google Image search of the term "TSA" (without the quotes) indicates
the picture is available from multiple sources, so Righthaven will have
to prove that WhiteCivilRights specifically used the Denver Post
version. In addition, no copyright jurat appears on the photo posted at
WhiteCivilRights; one would think anyone seriously interested in
copyrighting their images would affirmatively protect their rights by
appending a copyright jurat upon the image.

http://whitereference.blogspot.com/2011/02/righthaven-llc-sues-dr-david-duke-for.html