The legal issue isn’t so much copyright as it is invasion of privacy. The website can’t commercially exploit her image without her permission. Same reason Girls Gone Wild lost its case - they weren’t getting model releases from the girls.
Okay, after looking at the complaint I see the tort is under “Texas law.” Apparently there’s no statute or it would have been listed.
INVASION OF PRIVACY
A common law right to privacy exists under Texas law. Billings v. Atkinson, 489 S.W.2d 858, 860 (Tex.1973). The Texas Constitution guarantees the sanctity of the home and person from unreasonable intrusion. Texas State Employees Union v. Texas Department of Mental Health & Mental Retardation, 746 S.W.2d 203, 205 (Tex.1987).
The elements of a claim for invasion of privacy are
(1) The defendant intentionally intruded on the plaintiff’s solitude, seclusion, or private affairs; and
(2) The intrusion would be highly offensive to a reasonable person.
Valenzuela v. Aquino, 853 S.W.2d 512, 513 (Tex.1993).
When assessing the offensive nature of the invasion, courts have required that the intrusion be unreasonable, unjustified, or unwarranted. Billings v. Atkinson, 489 S.W.2d 858, 860 (Tex.1973).
The issue as i see it is that there’s no intrusion as the property at issue wasn’t the girl’s property.
Again, I may be wrong