On 7/23/07, K P <kpbotany(a)gmail.com> wrote:
On 7/23/07, Matthew Brown <morven(a)gmail.com>
wrote:
AFAIR, this wasn't Virgin Airlines but their
Australian cellphone
company - correct me if I am wrong. Definitely Australia though.
Oh, do they have a completely different license that isn't an option
on Wikipedia?
From what I've read, the question of legal
jurisdiction makes it a lot
harder to sue, since all the cases I've known have
involved photos
taken outside Australia of non-Australians, and it's hard under
Australian law, apparently, to sue there when neither photographer nor
subject has a connection to Australia. Some people have suggested
that Virgin or their ad agency deliberately chose non-Australian
photos to reduce the chance of legal action; I'm not sure there's any
credence to that, since US users are a large proportion of Flickr
users in any case.
If it were a copyright matter, bringing suit would be easier thanks to
widely-adopted copyright treaties, I believe, but rights of publicity
and image are not standardized in this way and vary wildly from nation
to nation. There is no right to privacy in Australian law, so that is
not grounds for a suit there.
-Matt