Chang v. Virgin Mobile

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United States

Court name
Northern District of Texas


More decisions in this case


Flickr CC BY photo used in an Australian phone advertisement

Case summary


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. 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 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


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.