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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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More to the point, the photographer wasn't in a position to allow people to use the photo under a creative commons license - he didn't have the model's position. It really comes back to a guy that uploaded his snapshots to flickr and checked boxes without understanding what they meant.
I have actually found flickr's TOS and copyright stance to be surpisingly easy to understand. Perhaps there has been a change since Cynthetiq stopped using them?