Harry Chen Thinks Aloud

A Texas family recently sued Virgin Mobile phone company for using a Flickr photo of their teenage daughter Alison in a billboard ad. This photo was taken by Alison’s youth counselor Justin and posted onto Flickr under the Creative Commons (CC) license. Because CC permits for-profit commercial usage of this photo, Virgin Mobile took this photo and used it in one of its bus-stop billboard advertisement. Alison’s family sues Virgin Mobile claiming that Alison never agreed to the use of this photo for commercial advertisement.

This is an interesting legal case for social media on the Flickr web. When a photo is posted onto Flickr under the CC license, does it automatically give companies the full right to use to it? According to my research (here and here), the answer is no. Companies can only use a CC-licensed photo if the model in the photo has signed a release form. This rule applies in both the United States and Australia.

It’s obvious that this law is not easily enforceable in today’s social web where photos and videos are constantly being shared and downloaded by millions of people — I wonder if I should begin to worry about my photos here. The legal battle between Alison’ family and Virgin Mobile brought about few issues that require our serious consideration:

1. What should be the responsibility of social media sites like Flickr and Youtube in educating people about copyrights and licensing?
2. Do individuals who post photos and videos on the web are legally liable to provide copyright/license documents for those who appear in their photos and videos? Do I have to carry release forms with me whenever I go travel and take photos?
3. What tools do we have and can use protect our privacy and legal rights in a world of ubiquitous camera-phones and digital camcorders?

If you read into the story, note how Flickr plays in an important role. Virgin Mobile found the picture of Alison on Flickr, and Alison’s family discovered the billboard ad also on Flickr. In my mind, this story can only happen in today’s world. If it were ten years ago, none of this would ever happen. Alison’s family lives in Texas, US and the billboard ad is published in Australia. What’s probability for these two parties come across each other without this?