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Originally Posted by onesnowyowl
Ms. Chang and her family gave no such permission. The photographer did. As the person whose image is being used, and as a minor in the United States, her image is protected by our privacy laws, and she has the right to have her attorney issue a cease-and-desist order, as well as sue the company that used her image without her permission.
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That's only if Ms. Chang and her family had agreed with the photographer that their images wouldn't be used for commercial purposes- and that, they'd have to have in writing.
The
photographer owns the copyright to a picture,
not the person being photographed. You are entitled to your
likeness not being used without permission- her likeness was not used. It was the photographic capture of her onto a picture, and that picture was used.
Again, if they made her into a cartoon character, then she'd have a likeness rights violation.
People getting their photograph taken do not own the copyright, in any way, to that photograph. It is the copyright holder who says whether their photo can be used for commercial purposes, or not- and as long as they don't reproduce your likeness into another medium, there are no "likeness rights" violations.
At BEST, they have a libel case for the ad insisting she's the type of person a "pen pal" would dump. Even that would be hard to prove any actual damages.