[LINK] Oz: 'Virgin backs down on ads'

[Roger Clarke]

Virgin backs down on ads
The Australian
Media Section
Jude Townend
July 25, 2007
http://www.theaustralian.news.com.au/story/0,25197,22130223-7582,00.html

VIRGIN Mobile has taken down advertisement photographs on its online 
site after the company's failure to seek permission from the models 
or photographers they used in their latest campaign sparked outrage.

On Monday, The Australian reported how people all over the world were 
shocked to discover their faces were the centrepiece of Virgin 
Mobile's outdoor advertising and online campaign.

The images on the campaign website yesterday had been replaced by 
photographs that did not show the faces of the subjects.

Virgin Mobile took personal photographs from the Yahoo-owned Flickr 
website without paying, as permissable under a licensing agreement 
with non-profit US-based copyright body Creative Commons, and used 
them for its "Are You With Us Or What?" campaign.

As part of a series designed by award-winning Australian advertising 
agency Host, Virgin Mobile pasted its own slogans over the images, 
some of which have been interpreted as derogatory to those involved. 
Slogans included "Monks Are Boring", over an image of a group of Thai 
monks, and "Close Talkers Are Just Asking For A Head Butt", over an 
image of someone's nostrils.

Elijah van der Giessen, who took one of the photographs, said: "As 
far as I know, all commercial projects have contacted me before use 
(of the photographs). Virgin's latest project seems to be exceptional 
that way."

The Cyberspace Law and Policy Centre, based at the University of NSW, 
yesterday condemned Virgin Mobile's use of the Flickr images, 
especially those involving people aged under 18.

"They should just respect their moral rights under copyright ... and 
go ask them like they would anyone else," the centre's executive 
director, David Vaile, said.

He labelled Virgin Mobile's actions opportunistic and "close to exploitation".

Concerns have also been raised over Virgin's accrediting of the 
photographers under the Creative Commons licence.

The licence stipulates that the company should "credit the author, 
licensor and/or other parties in the manner they specify" as well as 
the title of the work and the website for the work if specified by 
the author and/or licensor. Additionally, it states the need to 
provide a website link to the Creative Commons licence that applies 
to the work.

Virgin Mobile put a small link to the photographers' Flickr pages, 
but not the specific work.


-- 
Roger Clarke                  http://www.anu.edu.au/people/Roger.Clarke/
			            
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Visiting Professor in Info Science & Eng  Australian National University
Visiting Professor in the eCommerce Program      University of Hong Kong
Visiting Professor in the Cyberspace Law & Policy Centre      Uni of NSW