Misuse of Flickr photo more about privacy than intellectual property. Virgin Mobile used photo of Alison Chang posted on Flicker for an advertising campaign in Australia without her permission. Chang v. Virgin Mobile USA is not the typical intellectual property rights case, this case hinges on privacy, the right of people not to have their likeness used in an ad without permission.

http://www.nytimes.com/2007/10/01/technology/01link.html?_r=1&scp=2&sq=Noam+cohen%2C+flickr&st=nyt&oref=slogin