Virgin uses CC licenced Flickr photo in ad campaign, forgets model release, gets sued.

Virgin uses CC licenced Flickr photo in ad campaign, forgets model release, gets sued.

Dallas family sues Virgin Mobile over ad:

The lawsuit names Virgin Mobile USA, its Australian counterpart, and Creative Commons Corp., a Massachusetts nonprofit that licenses sharing of Flickr photos, as defendants.
The picture of 16-year-old Chang flashing a peace sign was taken at an April church carwash by Alison's youth counselor, who posted it on his Flickr page, according to Alison's brother, Damon. In the ad, Virgin Mobile printed one of its campaign slogans, "Dump your pen friend," over the picture.
The ad also says "Free text virgin to virgin" at the bottom.
The experience damaged Alison's reputation and exposed her to ridicule from her peers and scrutiny from people who can now Google her, the family charged in the lawsuit.
"It's the tag line; it's derogatory," said Damon Chang, 27. "A lot of her church friends saw it."

creative commons licence used simply asks for attribution, which the ad has in regards to the photo. They forgot that models used in advertising must sign a release as well.

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