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  • Apple Being Sued for Using Eye Closeup Image in MacBook Pro Promotion


    A Swiss photographer recently filed a suit against Apple for allegedly using an incorrectly licensed image to help promote the 15-inch MacBook Pro with Retina display. The artist, Sabine Liewald, is asking for damages plus associated profits as compensation for Apple’s illegal use of the image without permission. Liewald says that Apple purchased the rights to use the image titled “Eye Closeup” for “layout purposes only,” but went on to display the photograph in a number of commercial applications.

    Apple used the photograph to show off the company’s 15-inch MacBook Pro with Retina display when the product was announced in June as noted by CNET. According to the claim, Apple obtained a high-resolution file of “Eye Closeup” for what is known as “comping” or layout purposes. Usually, comping images are provided at low-resolution and are often watermarked to prevent use in ads or marketing without receiving permission to do so from content owners.

    Although the photograph isn’t considered a “United States work” by the Copyright Act, Liewald claims the image is covered by copyright law and is also “protected as under the Byrne Convention as a non-United States work.” He goes on to say that by “commercially exploiting” the image, Apple caused statutory damages while “obtaining significant economic gains,” suggested that the photograph is to be credited for a part of the success the MacBook Pro has seen.

    We’ll have to wait and see what comes of the ordeal.

    Source: CNET
    This article was originally published in forum thread: Apple Being Sued for Using Eye Closeup Image in MacBook Pro Promotion started by Akshay Masand View original post
    Comments 50 Comments
    1. YoungBird817's Avatar
      YoungBird817 -
      Quote Originally Posted by PAKIS-RULEZ View Post
      what goes around and comes around
      True
    1. Agent929's Avatar
      Agent929 -
      Apple is gonna do him like Kodak lol
    1. quidam_brujah's Avatar
      quidam_brujah -
      Quote Originally Posted by AAAARRRRRRGGGGG View Post
      the photographer is due compensation. maybe not a percentage of profits, that's a little silly, but apple should absolutely be paying the photographer for the use of the photograph that goes outside the boundaries of the original license. Apple used the photo for a use not covered by the license. that's wrong to do to the photographer. i used to write a lot of music for tv commercials. if i'd written a piece that was only supposed to be used for an internet promo, but then i saw it on a national television spot, i'd pursue monetary compensation. it's not easy for creative professionals to make a living when larger corporations try to rip them off and get something for nothing. it's not like apple can't afford to license a damn photograph.
      [SARCASM]Yeah, right -- like we're supposed to believe that these 'artists' actually create original creative 'works' and that these 'works' actually have value. Pppftft. Next thing you're going to say is that 'authors' who write 'books' should be compensated for their work. Only job creators create wealth and value -- not these fluffy 'artists'.[/SARCASM]
    1. jOnGarrett's Avatar
      jOnGarrett -
      use of the Swiss clock, use of photography, use of ....... you name it.
    1. subywrex's Avatar
      subywrex -
      Quote Originally Posted by Glocknine View Post
      Its a trend started by apple so everyone follows!
      Lmao apple started the trend of sueing?? Lmao yes they sue over there products but hardly started a trend.

      People see a chance for money and they go after it
    1. sputnik2000's Avatar
      sputnik2000 -
      Quote Originally Posted by PAKIS-RULEZ View Post
      what goes around and comes around
      +1
    1. Gloxin's Avatar
      Gloxin -
      WOW!!!, Just wow!!!, First it was reported and confirmed that a "Swiss" company that makes Vibrators wrote a letter to Apple upset about the fact that Apple stoled the name of one of the companies Vibrator named "Siri" and not only they stole the name but the colors as well because that vibrator was purple. Then a couple of days ago Modmyi reported yet another "Swiss" company named "Swiss Federal Railways" were having a meeting with Apple because the clock used in iOS 6 on the iPad was very "similar" to their clock.

      (iOS 6’s iPad clock design looks very similar to the clock design owned by Swiss Federal Railways (SBB). The problem being that Apple never asked to use the design. In late September, the SBB made headlines all over the Internet stating that they would be getting together with Apple to discuss the matters.

      Oh and by the way i love this part right here:

      "Today, the SBB announces that both parties have agreed to licensing terms one-on-one and agreements have been signed. Apple will now pay the SBB to use the design" LMFAO!!!!

      Ok and if that still wasen't enough now Apple again copies the image from a "SWISS" photographer ??? Are you serious ??? ok so you mean to tell me that the "Most Creative" company in the world can't come up with an original image created by them ? they can't create their own clock design ? they can't even create a "Virtual Assistant" with an original name and colors ? they had to go steal the complete full theme from a freaking vibrator in Switzerland ??? And the funny part is that its always Switzerland. Apple really admires and just adores those Swiss people. Wow i guess they wanna be just like them huh ?, I use to admire Apple alot but now with all of this i have notice that they just shine with other peoples light and then make it look like they came up with it. And not to mention all these stupid lawsuits over pointless issues like if they were so "Original" yea right!!!! I know im about to get alot of heat from all you "Apple Die-Hard Fan Boys" but what-ever, Everything that i just said are legit facts. Shame on them and shame on anyone who oppose to this because that only shows how loyal you are to a company that has to steal material from overseas.
    1. iBanks's Avatar
      iBanks -
      Quote Originally Posted by svolam View Post
      Yes, Apple taught the world to sue.
      Quote Originally Posted by Glocknine View Post
      Its a trend started by apple so everyone follows!
      Actually... This was started by Creative with the lawsuit they won against Apple. Apple learned their lesson and became more protective over their products. Educate yourselves.

      Apple pays $100m to Creative in patent lawsuit settlement | TUAW - The Unofficial Apple Weblog
    1. NakedFaerie's Avatar
      NakedFaerie -
      Apparently Apple have started to sue people for dying because Steve Jobs did it first.
    1. Gamemaster77's Avatar
      Gamemaster77 -
      Quote Originally Posted by quidam_brujah View Post
      [SARCASM]Yeah, right -- like we're supposed to believe that these 'artists' actually create original creative 'works' and that these 'works' actually have value. Pppftft. Next thing you're going to say is that 'authors' who write 'books' should be compensated for their work. Only job creators create wealth and value -- not these fluffy 'artists'.[/SARCASM]
      EDIT: I completely misunderstood your [/SARCASM], lol
    1. MaStA819's Avatar
      MaStA819 -
      Apple has sued companies for using an apple in/as their logo so why does this get bashed by some of you? How is it right for Apple to sue, but not the artist that created the photo.
    1. iLoveWindows&iPhone's Avatar
      iLoveWindows&iPhone -
      Gloxin......You have issues guy...Like, serious issues. You are obviously in a manic state. For your own sake you need to calm down, and get a grip. Once calm, read the nonsense you just wrote, and apologize to yourself and your family for who you are......You just claimed that Apple "confirmed" that they stole Siri from a Swedish Dildo....Ya...u did.

      Quote Originally Posted by Gamemaster77 View Post
      I feel bad for you if you are being serious. What is the point of things making "wealth and value" then? What's really so valuable, having a lot of stuff, or actually enjoying life? Some things only purpose are for people to enjoy.
      Do you not notice SARCASM in ALL CAPS that start, and end the paragraph?? You can Google it if you don't know what it means.
    1. subywrex's Avatar
      subywrex -
      Quote Originally Posted by MaStA819 View Post
      Apple has sued companies for using an apple in/as their logo so why does this get bashed by some of you? How is it right for Apple to sue, but not the artist that created the photo.

      Because no one really knows if its legitimate. If it is. Apples bad. But I think apple has a pretty big legal team and make sure they use images in there agreed licenses.

      Time will tell. If apple did go outside there license agreement then they need to pay
    1. Luismiguellopezx's Avatar
      Luismiguellopezx -
      well they need money ........ ok i will suit apple for the dock connectors that i buy but now i can't used them because they dont fit.... you will see APPLE.....
    1. Gloxin's Avatar
      Gloxin -
      Quote Originally Posted by iLoveWindows&iPhone View Post
      Gloxin......You have issues guy...Like, serious issues. You are obviously in a manic state. For your own sake you need to calm down, and get a grip. Once calm, read the nonsense you just wrote, and apologize to yourself and your family for who you are......You just claimed that Apple "confirmed" that they stole Siri from a Swedish Dildo....Ya...u did.

      LMFAO ok i did get a lil bit carry away but you get the picture and as far as the "Siri Dildo" goes , ok Apple has not confirmed it but who would ever confirm such a thing ? They have to feel very embarass and this open letter from LELO creators of Siri sent to Apple last year flew all over the internet and Apple up to this day has still not mention anything regarding this matter because this will make them look like complete fools.

      An Open Letter to Apple from LELO


      LELO SIRI | Our Powerful Intimate Clitoral and Body Stimulator
    1. Gamemaster77's Avatar
      Gamemaster77 -
      Quote Originally Posted by iLoveWindows&iPhone View Post
      Do you not notice SARCASM in ALL CAPS that start, and end the paragraph?? You can Google it if you don't know what it means.
      Ya you must have not refreshed your page, I edited it out a bit later, caught on to what you meant later.
    1. waheedtarin's Avatar
      waheedtarin -
      Illuminati!!!!!!
    1. Rob2G's Avatar
      Rob2G -
      Quote Originally Posted by NakedFaerie View Post
      Apparently Apple have started to sue people for dying because Steve Jobs did it first.
      Why are you here? You only have anti apple things to say.
      On another note, please learn to type in English. You have horrible grammar.
    1. Agent929's Avatar
      Agent929 -
      Quote Originally Posted by Gloxin View Post
      WOW!!!, Just wow!!!, First it was reported and confirmed that a "Swiss" company that makes Vibrators wrote a letter to Apple upset about the fact that Apple stoled the name of one of the companies Vibrator named "Siri" and not only they stole the name but the colors as well because that vibrator was purple. Then a couple of days ago Modmyi reported yet another "Swiss" company named "Swiss Federal Railways" were having a meeting with Apple because the clock used in iOS 6 on the iPad was very "similar" to their clock.

      (iOS 6’s iPad clock design looks very similar to the clock design owned by Swiss Federal Railways (SBB). The problem being that Apple never asked to use the design. In late September, the SBB made headlines all over the Internet stating that they would be getting together with Apple to discuss the matters.

      Oh and by the way i love this part right here:

      "Today, the SBB announces that both parties have agreed to licensing terms one-on-one and agreements have been signed. Apple will now pay the SBB to use the design" LMFAO!!!!

      Ok and if that still wasen't enough now Apple again copies the image from a "SWISS" photographer ??? Are you serious ??? ok so you mean to tell me that the "Most Creative" company in the world can't come up with an original image created by them ? they can't create their own clock design ? they can't even create a "Virtual Assistant" with an original name and colors ? they had to go steal the complete full theme from a freaking vibrator in Switzerland ??? And the funny part is that its always Switzerland. Apple really admires and just adores those Swiss people. Wow i guess they wanna be just like them huh ?, I use to admire Apple alot but now with all of this i have notice that they just shine with other peoples light and then make it look like they came up with it. And not to mention all these stupid lawsuits over pointless issues like if they were so "Original" yea right!!!! I know im about to get alot of heat from all you "Apple Die-Hard Fan Boys" but what-ever, Everything that i just said are legit facts. Shame on them and shame on anyone who oppose to this because that only shows how loyal you are to a company that has to steal material from overseas.
      Hey we all saw what happened when they create something's. it's called maps for iOS 6 lol

      Quote Originally Posted by Rob2G View Post
      Why are you here? You only have anti apple things to say.
      On another note, please learn to type in English. You have horrible grammar.
      Come on....no need for personal attacks.
    1. hybirdd's Avatar
      hybirdd -
      Apple is going to sue ModMyI for using the word "sue" some day...
      PS: Anybody noticed how they stoped using the eye picture on apple.com and replaced it with the zebra's ?