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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. NakedFaerie's Avatar
      NakedFaerie -
      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.
      Fine, I'll take my iOS6 iPad3 downgrader and leave.

      Btw, that was a copy/paste so it wasn't me.
    1. merismus's Avatar
      merismus -
      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.
      Way to go bro!!! A real Charmer aren't you?? Take a chill pill and think before you write!!!

      All the people here saying the guy here is wrong or is pathetic to sue "Apple" are a bunch of hypocrites!!!
      Seriously that's why Apple fan boys are not taken seriously!!!

      It's his damn work!!! He has every right to sue!!!
      Apple is so creative and 60 billion times richer than this guy that they could have their own team creating an eye closup image!! But NO they choose to copy or "steal" the men's artistic image!!
      But there are still people arguing here that he is the the bad guy because he is speaking out for what is his!!!!!
    1. aidanharris's Avatar
      aidanharris -
      Quote Originally Posted by merismus View Post
      Way to go bro!!! A real Charmer aren't you?? Take a chill pill and think before you write!!!

      All the people here saying the guy here is wrong or is pathetic to sue "Apple" are a bunch of hypocrites!!!
      Seriously that's why Apple fan boys are not taken seriously!!!

      It's his damn work!!! He has every right to sue!!!
      Apple is so creative and 60 billion times richer than this guy that they could have their own team creating an eye closup image!! But NO they choose to copy or "steal" the men's artistic image!!
      But there are still people arguing here that he is the the bad guy because he is speaking out for what is his!!!!!
      You have a point about apple fan boys I'll give you that but Apple didn't steal or copy the image. They licensed it except used it incorrectly outside of the license agreements (perhaps by mistake). If anything I would say it is wrong to sue Apple for a case like this and instead take a leaf out of "that clock company" (to quote another user posting in the comments here) and come together like civilised people and agree damages. But no (and I don't mean to be at all racist here so please don't be offended) they had to come over all American and sue didn't they...

      Quote Originally Posted by hybirdd View Post
      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 ?
      I'm not sure what "layout purposes" means but I assume it means layout purposes on a website to illustrate their product so using it on Apple.com is probably fine...
    1. shinpeer1981's Avatar
      shinpeer1981 -
      Quote Originally Posted by EJB1188 View Post
      This is just pathetic! Everyone seems to be sue happy lately.
      Agreed! It was all started from APPLE.
    1. Breezy215's Avatar
      Breezy215 -
      ^^Agreed
    1. iBanks's Avatar
      iBanks -
      Quote Originally Posted by shinpeer1981 View Post
      Agreed! It was all started from APPLE.
      Lol... Again... Apple has only dealt a blow that was given to them a few years back. It was started by Creative... Not Apple.
    1. subywrex's Avatar
      subywrex -
      Quote Originally Posted by shinpeer1981 View Post
      Agreed! It was all started from APPLE.
      Yeah because no one was sueing people before apple. Geez ignorance. Have you ever thought that maybe apple is just on a lot of people's radar??? I'm sure apple lawsuits are a small percentage of over all patent suits
    1. Ruthle$$Turtle's Avatar
      Ruthle$$Turtle -
      omg ppl some of you really need to get a grip on life lol... No Really! if you have the need to bash, blame,shake a stick at or whatever at Apple, because they are Apple Than wtf are you here for? Does Bashing Apple fans and Apple products make you and whatever anti Apple products you own better? or is it because you want Apple products and you cant have them for some reason?

      Apple ya they sue and they get sued BIG F N Deal every company that gets big has this problem... and anyone that says APPLE STARTED THE SUE BS IS A COMPLETE DUMB AZ. stop running you mouth on things you must not know anything about, PLEASE. lol

      does anyone remember the lady that sued mc donalds because her Coffee was HOT but it didnt say it was hot on the cup so how was she to know that the hot cup of coffee she order was in fact HOT! ya if you didnt know she won. it was a mistake of the company to think that ppl are not greedy,or have thosestupid moments followed by thoughts of $$$$$ but not sayn that it shouldnt say its hot on the cup because maybe the coffee is only piss warm where you get your cup of joe..

      point being if you make $ and your products are selling someone out there IS going to sue you at some point... deal with it!

      oh and the ios6 maps dig was lame... Really it was... when you was making hand turkeys in grade school and they wasnt perfect did your classmates say HAHA you suck. Ya prob. not
      there apple they make great products, there not perfect and for some reason everyone thinks they should be and cant wait to say haha your turkey is crappy lol and i think you should pay me.
      haha
    1. shinpeer1981's Avatar
      shinpeer1981 -
      Quote Originally Posted by iBanks View Post
      Lol... Again... Apple has only dealt a blow that was given to them a few years back. It was started by Creative... Not Apple.
      I have reply to original post which contains a word "larely", so I dont care about what happened before.........


      Someone need to pay attention more to original message than trying to be smart.....
    1. hybirdd's Avatar
      hybirdd -
      Quote Originally Posted by aidanharris View Post

      I'm not sure what "layout purposes" means but I assume it means layout purposes on a website to illustrate their product so using it on Apple.com is probably fine...


      not at all, here is the defenition of "comping" from wikipedia:

      "comprehensive layout or comprehensive, usually shortened to comp, is the page layout of a proposed design as initially presented by the designer to a client, showing the relative positions of text and illustrations before the final content of those elements has been decided upon. "

      so basicly they licensed the photo for internal use