Photographer Sues Apple for Using 'Eye Closeup' Photo Without License

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Posted October 13, 2012 at 6:19pm by Shalom Levytam

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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Photographer Sues Apple for Using 'Eye Closeup' Photo Without License

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Simon - October 15, 2012 at 3:25am

I love apple just as much as the next fan but apple needs to set a better example. They should pay IMHO.

Me - October 14, 2012 at 11:31am

What did the photographer do? Apple stole her picture. How does that make her bad?

Copperhead - October 14, 2012 at 6:51pm

Exactly... She did nothing wrong. Apple stole from her now its time for the thieves to pay up...... Pay Up Apple....... I hope she becomes really famous like Picasso...lol

Den Icce - October 13, 2012 at 11:47pm

I know right, Apple sues everything and everyone whether its a minor thing, or something big, and once someone sues apple its bad. this is business, this way this photographer gets recognised as well, for example i didnt know who took this pic, for all i know apple made this pic, but now we all know that this is not so... so, good publicity for photographer, bad for apple and good money for photographer its a win win for Sabine.. and apple will not get poorer even if they pay out a million in compensation for her, im sure they have large provision for this sort of cases in the accounting budgets.

Tergel - October 13, 2012 at 9:21pm

We may live in over litigious times, but this is not at all excessive or frivolous. Photographers don't make money when someone uses their work without paying for it.

iDood - October 13, 2012 at 6:21pm

Sue happy world.

Copperhead - October 13, 2012 at 6:24pm

Hey Apple does this every day, so if Apple infringes people can do it too. It's a two way street. Apple is always crying when people use their stuff without paying but yet Apple steals first and people have to chase Apple to pay up...... So here is another proof out of hundreds that Apple steal too....

iDood - October 13, 2012 at 6:28pm

You have a great point. That is why I said the whole world. Apple is included in there as them being sue happy business. Part of life.