The Ayers footage comes from a documentary, "The Weather Underground" produced by The Free History Project. The Project never gave permission for the footage to be used, and has demanded the ads be taken down. According to InsideBayArea.com the group has sent a "cease and desist" letter to the current Swiftboating organization, the American Issues Project.
"(W)ithout requesting permission to do so, you took footage of William Ayers from 'The Weather Underground' and used it in the advertisement," Keker wrote Monday, demanding that the ad be withdrawn from television and the group's Web site. "You have thus willfully violated The Free History Project's Advertisement intellectual property rights."
According to the article
Dooley said Keker informed Obama's campaign he was sending the letter, "but the Free History Project doesn't view this through a partisan political lens. Their interest is in protecting their copyrighted material, period."
No surprise, the AIP is arguing fair use, and claiming it's an effort to "stop this expression of free speech."