Editing Creative Commons (section)

===Personality rights===
In 2007, [[Virgin Mobile Australia]] launched a bus stop advertising campaign which promoted its mobile phone text messaging service using the work of amateur photographers who uploaded their work to the photo-sharing site [[Flickr]] using a [[Creative Commons Attribution 2.5|Creative Commons by Attribution]] license. Users licensing their images this way freed their work for use by any other entity, as long as the original creator was attributed credit, without any other compensation being required. Virgin upheld this single restriction by printing a URL, leading to the photographer's Flickr page, on each of their ads. However, one picture depicted 15-year-old Alison Chang posing for a photo at her church's fund-raising carwash, with the superimposed, mocking slogan "Dump Your Pen Friend".<ref>{{cite web|url=http://www.out-law.com/page-8494|title=Lawsuit over Virgin Mobile's use of Flickr girl blames Creative Commons|work=Out-law.com|date=September 25, 2007|access-date=May 23, 2013|archive-date=October 4, 2013|archive-url=https://web.archive.org/web/20131004112607/http://www.out-law.com/page-8494|url-status=live}}</ref><ref name="permission">{{cite news|url=https://www.nytimes.com/2007/10/01/technology/01link.html|title=Use My Photo? Not Without Permission|last=Cohen|first=Noam|work=[[The New York Times]]|date=October 1, 2007|quote=One moment, Alison Chang, a 15-year-old student from Dallas, is cheerfully goofing around at a local church-sponsored car wash, posing with a friend for a photo. Weeks later, that photo is posted online and catches the eye of an ad agency in Australia, and the altered image of Alison appears on a billboard in Adelaide as part of a [[Virgin Mobile]] advertising campaign.|access-date=July 24, 2013|archive-date=June 15, 2011|archive-url=https://web.archive.org/web/20110615133400/https://www.nytimes.com/2007/10/01/technology/01link.html|url-status=live|url-access=limited}}</ref> Chang sued Virgin Mobile and Creative Commons. The photo was taken by Chang's church youth counsellor, Justin Ho-Wee Wong, who uploaded the image to Flickr under the Creative Commons license.<ref name="permission" />

{{quote|The case hinges on privacy, the right of people not to have their likeness used in an ad without permission. So, while Mr. Wong may have given away his rights as a photographer, he did not, and could not, give away Alison's [[Personality rights|rights]]. In the lawsuit, which Mr. Wong is also a party to, there is an argument that Virgin did not honor all the terms of the nonrestrictive license.<ref name="permission" />}}

On November 27, 2007, Chang voluntarily dismissed the lawsuit against Creative Commons, focusing the lawsuit only against Virgin Mobile.<ref>{{cite news|url=https://www.pcworld.com/article/140189/lawsuit_against_creative_commons_dropped.html|title=Lawsuit Against Creative Commons Dropped|last=Gross|first=Grant|work=[[PC World]]|date=December 1, 2007|access-date=May 25, 2008|archive-date=May 31, 2010|archive-url=https://web.archive.org/web/20100531001410/http://www.pcworld.com/article/140189/lawsuit_against_creative_commons_dropped.html|url-status=dead}}</ref> The case was thrown out of court due to lack of jurisdiction and subsequently Virgin Mobile did not incur any damages towards the plaintiff.<ref>{{cite news|url=https://www.nbcnews.com/id/wbna50261013|title=Use Photos in Advertisements? Take These Steps to Avoid a Lawsuit|last=LaVine|first=Lindsay|newspaper=[[NBC News]]|date=December 20, 2012|access-date=July 24, 2013|archive-date=April 3, 2015|archive-url=https://web.archive.org/web/20150403104830/http://www.nbcnews.com/id/50261013/ns/business-small_business/t/use-photos-advertisements-take-these-steps-avoid-lawsuit/|url-status=live}}</ref>