On Fri, Sep 21, 2007 at 08:38:38AM -0400, Adam Maas wrote:
> Mark Roberts wrote:
> > David Savage wrote:
> > 
> >> <http://news.ninemsn.com.au/article.aspx?id=76588>
> > 
> > Short version: Australia's Virgin Mobile phone company ran an ad 
> > campaign using photos from Flickr that had been posted under Creative 
> > Commons licensing. One of the people shown in one of the photos is 
> > suing.
> > 
> > "The images have been featured within the positive spirit of the 
> > Creative Commons Agreement, a legal framework voluntarily chosen by the 
> > photographers," the statement said.
> > 
> > True enough, but if there's a person recognizable in the photo, you 
> > still need a model release.
> > 
> > Even shorter version: Virgin messed up badly!
> > 
> > 
> 
> Oh yeah, big time. No release. Sure, they used the photo legally 
> according to its license, but they don't have a model release, and that 
> is going to bite them in the *ss.

I think their lawyers could well argue the fault lies with the
original publisher (who in this case would be the photographer).


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