On Tuesday, NBC News reported IBM used photos from Flickr as “training datasets” to help improve its facial recognition technology, unbeknownst to some of the photographers who had taken the images. But lawyers contacted by Legaltech News said photographers and those photographed may have little legal recourse against IBM depending on the specifics of their creative commons license.

Most creative common licenses allow for noncommercial usage, which may raise issues if the images were are used to create a commercial product.