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Virgin Mobile Australia obtained a photograph of Chang from Flickr, where is was posted with a CC "Attribution" license, which gave Virgin Mobile permission to use the photograph in a commercial setting so long as it gave attribution to the photographer who took the photo.
(The "right of publicity" is the right of a person to control and make money from the commercial use of his or her identity.) Because of the similarities between misappropriation and right of publicity claims, courts and legal commentators often confuse them.
We will not try to exhaustively explain the differences between these two legal claims here.
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