According to the suit filed in the U.S. District Court for the Southern District of New York, Apple acquired the rights for the image for “comping or layout purposes only,” and not for commercial usage. Apple ended using the image to promote that Retina Display MacBook Pro without renegotiating for the commercial rights.
In the suit, Sabine states that the photograph is still protected under Switzerland’s own copyright laws, as well as under “the Berne Convention as a non-United States work.” She further states that “by commercially exploiting [her] copyrighted image without her consent or permission, Apple damaged [her] while obtaining significant economic gains.”
According to FStoppers, Sabine is not looking for just a specific amount in damages, but to get a percentage of every Retina Display MacBook Pro ever sold since her photograph helped to promote and sell that laptop.
In my opinion, this is why knowing your copyright laws and registering your images are important components of your business as a photographer. This suit may be a very important one for us photographers. What do you think?
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