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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. HomieG35's Avatar
      HomieG35 -
      Good luck with that.
    1. iPittsburgh's Avatar
      iPittsburgh -
      Yep, That image is the only reason I want a macbook pro.
    1. Airwaves182's Avatar
      Airwaves182 -
      MacBook Air! Ftw!
    1. EJB1188's Avatar
      EJB1188 -
      This is just pathetic! Everyone seems to be sue happy lately.
    1. Archez's Avatar
      Archez -
      He is probably only doing this because Apple paid off the license for that clock company.
    1. MgNate's Avatar
      MgNate -
      That picture is ugly!
    1. javiert30's Avatar
      javiert30 -
      $$$$$$$$$ That's all about.
    1. svolam's Avatar
      svolam -
      Quote Originally Posted by EJB1188 View Post
      This is just pathetic! Everyone seems to be sue happy lately.
      Yes, Apple taught the world to sue.
    1. Glocknine's Avatar
      Glocknine -
      Quote Originally Posted by EJB1188 View Post
      This is just pathetic! Everyone seems to be sue happy lately.
      Its a trend started by apple so everyone follows!
    1. PushaT5050's Avatar
      PushaT5050 -
      It seems petty but legally they have a claim. Why not get paid for a mistake by one of the largest companies in the world? Prolly make more off this hiccup than their whole artistic career.
    1. Mrteacup's Avatar
      Mrteacup -
      Quote Originally Posted by EJB1188 View Post
      This is just pathetic! Everyone seems to be sue happy lately.
      Welcome to America.

      Quote Originally Posted by PushaT5050 View Post
      It seems petty but legally they have a claim. Why not get paid for a mistake by one of the largest companies in the world? Prolly make more off this hiccup than their whole artistic career.
      agreed. I think we'd all do it too, hell apple is just as patty sometimes!
    1. Zeal's Avatar
      Zeal -
      " the photograph is to be credited for a part of the success the MacBook Pro has seen."

      LOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO OOOOL
    1. YoungBird817's Avatar
      YoungBird817 -
      Apple is winning this case trust me
    1. vinaygoel2000's Avatar
      vinaygoel2000 -
      I hope the artist gets his fair share.
    1. AAAARRRRRRGGGGG's Avatar
      AAAARRRRRRGGGGG -
      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.
    1. PAKIS-RULEZ's Avatar
      PAKIS-RULEZ -
      what goes around and comes around
    1. Silverado1987's Avatar
      Silverado1987 -
      I've never seen that one. I thought they were using the stupid zebras?
    1. rud3bwoy's Avatar
      rud3bwoy -
      Isn't it funny how people are bashing this guy yet they don't complain when apple do it?need i remind you apple is suing a grocery store for a image of a apple?lol
    1. feidhlim1986's Avatar
      feidhlim1986 -
      Apple used someone else's work without permission or compensation. This person has every right to sue.

      Some of Apples cases are on the grounds that other companies use apple technologies without asking, Apple is doing the exact same thing.
    1. redstar299's Avatar
      redstar299 -
      The best thing that ever could happen to this photographers is that mistake