Rep. Condit Allows Art About Him to Return to EBay Site

After being threatened with a lawsuit, Rep. Gary A. Condit (D-Ceres) has decided to let a piece of artwork about him be sold on online auction site EBay after all.

The artwork, inspired by the case of missing intern Chandra Levy, was yanked by EBay two weeks ago when a Condit aide said it was a violation of his right of publicity.

Created by Kansas artist and graphic designer Terry Aley, “Chandra’s Missing” mixes snapshots of Levy and Condit with a cutout of a dripping ax, lots of red paint and snippets of text that discuss what could have happened to Levy, who disappeared May 1 and quickly became the center of a media maelstrom. During the investigation, Condit reportedly has admitted to having an affair with the 25-year-old.

In the torrent of commentary about Condit and Levy, a piece of art constructed in one night by an obscure artist seemed a mysterious target for the congressman’s attention. But EBay confirmed July 25 that Condit’s office was asking for the art to be pulled.

To do so successfully, Condit had to become a member of the Internet site’s Verified Rights Owner program, which is open to those holding intellectual property rights. Most VeRO members are corporations such as Microsoft and Warner Bros.; Condit is the only known politician.

Aley wrote Condit last week, saying that the right-of-publicity law applied to commercial products and not artistic ones, which are covered by the 1st Amendment. He told Condit that he wanted an apology and a retraction of his attempt to squelch the sale of the picture by Wednesday. Otherwise, Aley said he would sue Condit for using the power of his office to deny his constitutional rights.

Tuesday night, shortly before the deadline, Aley received an e-mail from EBay saying that “the VeRO member that requested its removal has agreed to reinstate it.”

Aley hasn’t gotten his apology, but said, “At least I made my point: I have the right to express my artistic opinions. A representative of the government can’t just censor things.”

Condit spokeswoman Marina Ein did not return a call for comment.

On Wednesday afternoon, several hours after it was posted on EBay, “Chandra’s Missing” hadn’t attracted any bids, much less reached its minimum price of $100.