Difference between revisions of "Chang v. Virgin Mobile"

From Creative Commons
Jump to: navigation, search
Line 7: Line 7:
 
|summary=BACKGROUND
 
|summary=BACKGROUND
  
An Australian mobile company used a CC-By licensed Flickr photo of a young girl as part of its advertising campaign launched in 2007. In September 2007, Plaintiffs brought suit against the mobile company under a number of causes of action, including invasion of privacy, copyright violation and breach of contract. They also brought suit against Creative Commons for negligently failing to warn creators that the CC licenses only address copyright and not privacy and publicity rights.
+
An Australian mobile company used a CC BY licensed Flickr photo of a minor subject as part of its advertising campaign launched in 2007. In September 2007, Plaintiffs brought suit against the mobile company under a number of causes of action, including invasion of privacy, copyright infringement and breach of contract. They also brought suit against Creative Commons alleging CC had negligently failed to sufficiently warn creators that CC licenses only address copyright and not privacy and publicity rights.
Australian mobile company used a CC-By Flickr photo of a young girl as part of an advertising campaign it launched in June 2007
 
  
 
RESULT
 
RESULT
Line 14: Line 13:
  
 
TAKEAWAY
 
TAKEAWAY
 
+
Creative Commons licenses only address the creator's copyright. It does not affirmatively affect publicity or privacy rights. Users of CC-licensed material should make sure to clear the publicity and privacy rights of any works containing human subjects before reusing CC-licensed works.
Creative Commons licenses only address the creator's copyright. It does not cover publicity or privacy rights. Users of CC-licensed material should make sure to clear the publicity and privacy rights of any works containing human subjects before making a commercial use of the work.
 
 
}}
 
}}
 
[[Category:USA]]
 
[[Category:USA]]

Revision as of 12:26, 9 November 2012


Country/Region
United States

Court name
Northern District of Texas

Published
2009/01/16

More decisions in this case


Description

Flickr CC BY photo used in an Australian phone advertisement

Case summary

BACKGROUND

An Australian mobile company used a CC BY licensed Flickr photo of a minor subject as part of its advertising campaign launched in 2007. In September 2007, Plaintiffs brought suit against the mobile company under a number of causes of action, including invasion of privacy, copyright infringement and breach of contract. They also brought suit against Creative Commons alleging CC had negligently failed to sufficiently warn creators that CC licenses only address copyright and not privacy and publicity rights.

RESULT Plaintiffs voluntarily dismissed CC from the lawsuit in November 2007. In January 2009, the Texas district court dismissed the case against the mobile company for lack of personal jurisdiction

TAKEAWAY Creative Commons licenses only address the creator's copyright. It does not affirmatively affect publicity or privacy rights. Users of CC-licensed material should make sure to clear the publicity and privacy rights of any works containing human subjects before reusing CC-licensed works.