Swiss Photographer Sues Apple Over the Use of Her Photo to Promote the Retina Display
Swiss photographer Sabine Liewald has filed suit against Apple in a US District Court in New York, alleging that Cupertino’s marketeers used one of her photos without her permission in its MacBook Pro with Retina Display flack attack.
“Despite representing that it did not intend to use the photo and knowing that it had not obtained a license,” the lawsuit, filed this Wednesday, claims, “Apple proceeded to copy, publish, and exploit Plaintiff’s ‘Eye Closeup’ photograph, including in its MacBook Pro advertising campaign, keynote address, and related advertising materials without permission or compensation.”
Liewald claims that when Apple approached her agency (Factory Downtown) to request a high-resolution version of the photo, the company had said the image would only be used for “layout purposes” (AKA “comping“) and not in any advertising campaign.
The photographer was then surprised when Apple did exactly what it said it wouldn’t do. When the company’s keynote address was held last year to introduce the new portable computer, the photograph was featured prominently in the promotional images.
In addition to statutory damages for copyright infringement, Liewald is also demanding “actual damages including defendant’s profits.” Apple is the most valuable company in the world, and its profit figures come with quite a few zeros; the photographer is going for serious money here.
Via Peta Pixel
