This is somewhat cruel but funny ...

A TEXAS family is suing Australia's Virgin Mobile phone company over an advertisement they claim caused their teenage daughter grief and humiliation.

...

In the ad featuring Ms Chang, a photograph of the 16-year-old flashing the peace sign appeared with the text "Dump your pen friend" on top. The ad also said "Free text virgin to virgin" at the bottom.

The original photograph, which can be seen here, was taken in April by a youth counsellor who posted it on his Flickr page. On another Flickr page, the user who uploaded the original photo and a user who claims to be the teenage girl in it can be seen discussing the advertisement.

(Source)

Might not make much sense until you look a the pics:

Original Photo: http://flickr.com/photos/chewywong/467623403/
Virgin Ad: http://flickr.com/photos/sesh00/515961023/

hmmm, i would have thought that the person who took the photo retains copy right, regardless of weather it on the net or not, from what i remeber there was a big thing a few years ago to say that people cant just take a picture from a web site and display it with out permission from the copy write owner.

so it seem to me like virgin are in some s***.. but then again im no lawyer.

last edited by TufNuT at 11:56:37 22/Sep/07

That's all very interesting. thanks.

I think the ad would assume that whoever put the photo on flikr had permission from the person in the photo. You can't use a photo for that sort of stuff without permission from the person IN the photo AFAIK.

but its only being used in australia, we don't have those laws i don't think.

not much point arguing it right/wrong here, go read the flicr threads, plenty of experts, lawyers and I AM NOT A LAWYER BUTs.

hot

but its only being used in australia, we don't have those laws i don't think.

Maybe it's not a crime, but you do need talent agreements in Australia to avoid getting sued. Also depending on where you want to show the ad, a lot of places need you to show those signed agreements so that they don't have any potential legal problems for displaying it.



last edited by Idol at 12:50:33 22/Sep/07

hot

Well I thought it was illegal at first, but apparently under the licence that the photographer posted it its completely legal. lawl

last edited by Nitro at 12:53:03 22/Sep/07

They [probably] have no case. Section 9 of the Flickr terms of service allow Yahoo! reproduce and distribute work used. If Yahoo! were paid by Virgin to use the image then it'll just get thrown out. If not though, then yeah, there's copyright issues that'll get them in trouble.

i'd hit it... the left one that is

Well I thought it was illegal at first, but apparently under the licence that the photographer posted it its completely legal. lawl

When it was discussed on Hack they mentioned a clause on Flickr's website that removed any copyright and permitted anybody to use the photo. That's a poor explanation but it meant those people that selected to upload their photos under that clause had no case against Virgin because Virgin was allowed to use the photos for their advertisements.

Great story...

lol, spot the dirty old man
http://flickr.com/photos/chewywong/467608758/in/set-72157600104615483/

a photo off flickr wouldnt be higher enoof res to print out at that size.

that was my first thought moobs

well if flickr's contract that anything posted there becomes public domain holds up in court, that will be pretty discouraging for people to upload their content; knowing people could make money off it. Imagine if deviantart or something slipped in a clause like that, and a bunch of ad campaigns used people's uploaded content.

Prolly read terms and conditions of Flicker an it will state that by uploading pictures you grant them intellectual property

no you don't grant flickr the IP. that is definitely a breach of copyright under Austalian law. Don't know about the US.

what about under yo momma law?

HAHA f*** YEH

you can specify which license you want to release your photos under

default is creative commons i think (aka, it becomes public domain but you have to say where it came from)