Update: Attorney for Model in Virgin Mobile Ad Speaks Up

As a follow up to my July 15, 2007, blog, the attorney for the 16 year-old in the photograph explained his client’s position in an interview with CNN.

Some have questioned why the attorney is not talking about copyright infringement. However, the copyright infringement claim belongs to the photographer, not the girl in the picture, so the attorney may not be representing the photographer. Further, photos on Flickr are usually subject to a Creative Commons license and the license may have allowed the use of the photo as was done. But the misappropriation claim (the violation of the model’s right of privacy) can be worth a lot of money, sometimes even more than copyright infringement claims.

It is disappointing that the attorney’s response to this case was to suggest that people put fewer pics online instead of educating the public about what can be done with photos. Guess that’s our job as photographers.

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