Photographer Claims Apple Used Her Images Without Consent

A photographer has sued Apple after the company allegedly used her photos on the Apple Music website without her consent.

According to a report by PatentlyApple, American photographer Elizabeth Waterman filed a copyright infringement case against Apple last month.

According to court documents, photographer Elizabeth Waterman claims Apple used her two photos (above) on the company’s Apple Music site without her consent.

Waterman — who is known for her images of performance artists and American strip club culture — claims that two of her officially registered photos were presented on Apple Music’s website without her permission or payment.

According to the lawsuit, Waterman created a professional photograph of a stripper performing at Club W in 2018. The image was registered with the Register of Copyrights on February 25, 2019.

In 2019, Waterman says she created a professional photograph of a shattered CD for which she also holds a valid copyright.

The photographer claims that Apple used both of these images on Apple Music’s website, which is the company’s audio and video streaming service, without prior authorization.

Waterman says that when she discovered the alleged copyright infringement, the photographer sent multiple requests and Digital Millennium Copyright Act takedown notices to Apple.

PatentlyApple reports that Waterman made multiple attempts over a period of months to get Apple to take down the authorized use of her photos. However, Apple allegedly “failed and/or refused” to remove the photograph of the stripper at Club W from its website and social media app.

Furthermore, the photographer claims that Apple only took down the image of the shattered CD after extensive communication.

Waterman is now seeking damages for the unauthorized use of her photographs, claiming that Apple’s actions have caused significant harm and continue to inflict irreparable damage.

Moreover, the photographer argues that Apple may also be liable for vicarious infringement due to the company’s ability to control user content and its financial interest in the traffic generated by the infringing images. Waterman is seeking both actual damages and disgorgement of profits from the infringement, as well as a permanent injunction to prevent further unauthorized use of her work.

 
Image credits: Header photo licensed via Depositphotos and center photos via court documents