An invasion of privacy lawsuit filed last week in a Dallas County District Court is challenging a popular internet web site’s license policies. In April 2007, minor Alison Chang’s youth counselor snapped a photograph of Alison and posted it on Flickr, a Yahoo photo-sharing web site. Within several months, Alison’s photo was posted around the world as part of Virgin Mobile’s “Are you with us or what” campaign. Chang and the photographer sued Virgin and others for invasion of privacy, libel, and breach of contract.
One of the central arguments in the complaint is that the subject of a photograph does not lose his or her right to privacy, merely because the photographer posted the photograph on a photo-sharing web site. The plaintiffs in the matter claim that even though the photographer granted commercial users the right to download Chang’s photo, that those same users were also required to get Chang’s permission to use her likeness in an advertising campaign.
The case raises interesting issues related to license grants juxtaposed against an individual’s privacy rights. It will be interesting to see what limitations, if any, the court imposes on use of photos posted on photo-sharing sites. If your business is facing a claim that it improperly used copyrighted materials even though it had a license to do so, you should contact experienced counsel to discuss your legal rights.