The Swiss photographer has filed a lawsuit against Apple. He accuses the corporation of using an incorrectly licensed image in an advertising campaign for a 15-inch MacBook Pro with Retina display. The photographer demands to pay him a share of the profits from the sales of the device.
Sabine Liewald's lawsuit alleges that Apple acquired the rights to use the Eye Closeup for use in mockups and presentations only. However, contrary to the agreement, the photo has been used in a number of advertising campaigns.
As noted by CNET, the photo was used by Apple in June this year to unveil the 15-inch MacBook Pro with Retina display.
According to the statement of claim, Apple received a high-resolution Close-up Eye file for presentation. Typically, these files are provided in low resolution and watermarked to avoid the use of such images for advertising or marketing purposes without the permission of the content copyright holders.
Despite the fact that the image is not subject to the laws of the United States, since the photo was taken outside the country, however, according to Livald, the image is protected by copyright law, as well as the Berne Convention for the Protection of Literary and Artistic Works, adopted in 1886 The United States joined the Berne Convention a century later - in 1989.
Livald argues that since the image was used commercially, and the project for which the photo was used became financially successful, the copyright holder has reason to receive some part of the profit from the sale of the MacBook Pro.
The lawsuit was filed Wednesday in the District Court for the Southern District of New York City, and it claims to reimburse a portion of the profits for each use of the Close-up Eye.
