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Careful with that Creative Commons license...

A Texas family is suing Virgin Mobile and Creative Commons because a photo of their 16-eyar-old daughter was taken from Flickr and used in a a Virgin Mobile ad campaign. The pic had a Creative Commons license allowing commercial use with attribution, but neither the photographer nor Virgin Mobile got a model release from the girl. The photographer might have some liability here, too, for using a license that permits commercial use, without getting the release. sesh00 on Flickr posted the Virgin Mobile ad; there's an interesting long thread of conversation attached to that photo, starting with the girl's comment: "hey that's me! no joke. i think i'm being insulted...can you tell me where this was taken."

posted this at 9:46 AM
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