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July 18, 2007

legal

Apple sued for infringing copyrights in advertising. Again.

Posted Jul. 18, ’07, 8:46 AM PT by Dan Moren
Category | Legal

Infringing photos?Louis Psihoyos, a Colorado photographer, has filed a lawsuit against Apple for using an image in an advertising campaign that bears a striking resemblance to one of his own pictures. Psihoyos took a picture of a man in a chair surrounded by television screens (top); Apple uses a similar image in their ads for the Apple TV (bottom).

The plot thickens as Psihoyos claims that Apple had approached him about licensing the image, but the talks had broken down:

“After Apple refused to pay for the authorized use of the copyrighted image, Apple then without justification and in willful and wanton disregard for the rights and feelings of the plaintiff began its campaign of Internet and interstate commerce using the unauthorized image or substantially similar images in its national advertising campaign to market its iPhone and Apple TV products,” [alleges the suit].
Some might wave aside these claims as people trying to take a piece of Apple’s pie, but what worries me is that this is something we’ve seen Apple accused of time and time again. Once might be unjustified—two might even be a coincidence, but four times? Hey Apple, just pay ‘em the first time and you can avoid the unsightly legal battles and hints of impropriety.


7 Comments

Fletcher said:

The pattern in these cases is clear. Apple first approaches the original artist and asks if they will license their image. If they do so then they get some money and we never hear about the case again. If they don't then Apple creates their own version and the artist complains. The moral is if Apple offers to pay you some money go ahead and take it.

July 18, 2007 9:01 AM
Dave-O said:

Those images really make the case for me. The top image is much more powerful. The parabolic arc and the reflections (an Apple trademark) are more compelling than the flat rows of images and the halo. Clearly Apple created its own image with a fairly superficial (IMO) similarity to the other. Once again the question is what is protected? The idea or the creation? I suppose The Matrix Revolutions is also guilty of infringing on this work?

@Fletcher, I would argue that if the artist licenses the image, we never hear about the case at all.

July 18, 2007 9:31 AM
sdk said:

@Fletcher: No, this is copyright infringement. The artist has every right to complain, whereas you make it sound like some whiney kid whose art project idea was copied. The moral is: If Apple offers to pay you some money, and you don't want to license your work, be prepared with lawyers.

Note: I am not anti-Apple, I just don't like companies that think they're above the law.

July 18, 2007 10:38 AM
Paul said:

Apple, get your copying machines out.

July 18, 2007 10:40 AM
unfletch said:

The guy's got a case, no question, but this made me chuckle:

"...willful and wanton disregard for the ... feelings of the plaintiff..."

If they had manage to rip him off without hurting his feelings, would they be getting sued? Something to consider next time, Apple.

July 18, 2007 12:24 PM
Fletcher said:

The original image is copyrighted, but I don't see that the artist has an exclusive right to all future representations of an object surrounded by a cylinder of television images.

The comparison seems to be between a photograph and a still image from a video composition. The two images share a common composition, but I don't think Apple's image uses any of the actual image Psihoyos created.

Similarly, I don't believe Cameron Crowe violated Bob Dylan's (or the photographer's) copyright on the album art for Freewheelin' Bob Dylan when he used similar composition for one scene in that movie.

July 18, 2007 12:57 PM
Jay French said:

I would usually think this was some guy trying to get some free cash. BUT, the image is very very similar which still I wouldn't find so objectionable if it wasn't for the fact that apple was talking to him about licensing it.

Then he probably wanted too much money so they said screw it we'll make our own. That pisses me off. I love apple products but they are flexing their muscles on this and I hope they have to pay up for it.

July 20, 2007 7:54 AM

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