Use My Photo? Not Without Permission
Professor Lawrence Lessig is quoted in this article in The New York Times about the rights of subjects in copyright cases:
Lawrence Lessig, the Stanford law professor who was served the papers on behalf of Creative Commons, said he was sympathetic to the Changs’ plight.
But, added that, “the part about us is puzzling. It says we failed to instruct the photographer adequately, but the first question is, ‘do you want to allow commercial uses?’”
As for giving more advice about the rights of the subjects who appear in photographs, Mr. Lessig said that Creative Commons has to be careful not to provide “what looks like legal advice.” But, he added, “this photographer did nothing wrong when he took this photo of this girl, and posted it on his Flickr page. What he did wasn’t commercial use, which triggers the legal issues. If there was a problem here, it was by Virgin.”