Scary Andrew

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Comments

beenbair says:

It's all too wonderful!
Posted 38 months ago. ( permalink )

So you know...

this photo is currently being used in a major ad for Virgin mobile here in Sydney, Australia. we're talking multiple billboards, possibly print ads, and web use.

www.areyouwithusorwhat.com/

due to the creative commons licensing you chose, they can pretty much get out of paying the thousands they normally would. I assume you're cool with this, but thought you should know what's going on.
Posted 31 months ago. ( permalink )

garmil says:

I thought you would want to see this virgin mobile ad that is using your photo.

It is in most of the main subway stations in Sydney Australia.

Posted 30 months ago. ( permalink )

Jeff Milner says:

"they can pretty much get out of paying the thousands they normally would."

I am not a lawyer, but his creative commons licence indicates it's for freely usuable for non-commercial uses. An ad is not non-commercial.

Also he used the Share A-like attribute, and I doubt that Virgin would want to allow people to use their logo in anyway they wanted, but they've included it in the ad?

Also, to use a person's likeness in an ad, I believe you have to get the model to sign a release. If you didn't sign a release, even if the image is licenced as creative commons they are still violating your rights.

Am I mistaken or has Virgin made a pretty big blunder here?
Posted 30 months ago. ( permalink )

teacherjamesdotcom says:

Hey guys, my little sister is being "used" in one of these Virgin Mobile ads as well. She is a minor and lives in USA. No one from Virgin Mobile or the Ad agency behind the ads contacted her or my family (or the photographer for that matter) for permission. Plus, they're kinda making fun of her in the ad.

Anyway, we're discussing the situation on this Flickr post:

flickr.com/photos/sesh00/515961023/#comment72 157600565267931

And I'm contacting some legal counsel for some advice.

Anyone know how many of these ads are out there with people not knowing they're a part of an Ad campaign? And is it just in Australia or in other countries as well?

Damon
Posted 30 months ago. ( permalink )

hawhawjames says:

Hi, I'm an admin for a group called FACE Painting., and we'd love to have your photo added to the group.
Posted 21 months ago. ( permalink )

Would you like to comment?

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Taken on October 31, 2006
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Scary Andrew

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beenbair says:

Sam Webster says:

garmil says:

Jeff Milner says:

teacherjamesdotcom says:

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