Texas Family 'Sues Creative Commons'
Virgin is in the wrong here, and CC has nothing to do with it, obviously. The CC license only releases certain provisions of copyright, but doesn't touch the kind of legal restrictions that require people's consent to use their image.
And Creative Commons the organization doesn't license anything, which the article mistakes. They provide license texts that other people use of their own accord. In order to license anything, you need to own the copyright first... and CC obviously doesn't own the copyrights to all material released under Creative Commons licenses.