Say what you will about whether it was advisable for this young woman to flash her breasts at a couple guys with a video camera, but she should win this suit for two reasons:
- It does not appear that she signed any sort of release or even gave verbal consent for her image to be used in commercial products or advertisements.
- She was 14 years old at the time and therefore probably not even legally capable of giving consent.
Of course, state laws vary, but 14 years old would be a pretty low cut-off.