Photographer Sabine Liewald of Switzerland has filed suit against Apple for using her 'Eye Closeup' photo in its Retina Display MacBook Pro campaign without a license, reports Patently Apple.
The high resolution photo was obtained from the plaintiff's agent, Factory Downtown, for layout purposes only. Apple was reportedly aware that it did not have the rights to use the photo.
The company allegedly informed Factory Downtown that it didn't intend to use the photo but then proceeded to "copy, publish, and exploit Plaintiff's photograph, including in its MacBook Pro advertising campaign, keynote addresses and related advertising materials without permission or compensation."
Liewald says she's entitled to actual damages including defendant's profits; statutory damages for the infringing use of the "Eye Closeup" photograph.
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