updated 07:20 pm EDT, Fri October 12, 2012
Photo used in keynote, advertising materials for Retina Display
Swiss photographer Sabine Liewald has filed a lawsuit against Apple for allegedly using her "Eye Closeup" photograph to promote sales of the MacBook Pro with Retina Display. Liewald claims in her court filing that Apple procured the image from agency Factory Downtown for layout purposes only, and not for any advertising campaign.
While not a US copyright, the work is protected under the Berne Convention, requiring its signatories to recognize the copyright of literary and artistic works from other signatory countries the same way it recognizes the copyrights of its own citizens. Switzerland and the US are both signatories of the Berne convention.
Liewald claims actual damages, including statutory damages for infringing use of the photograph, plus disgorgement of Apple's profits from use of the photo. Apple has not commented on the pending suit.