Aaarrggghhh. For years, I've watched respected photographer Louis Psihoyos produce amazing images, one of which he took a great deal of time to produce, including 500 computer monitors, as seen here, and Maestro Jobs displayed a near identical image in the background behind a graphic of the new Apple TV during his presentation, as seen to the right. AppleInsider reports
According to the complaint, both Apple and the photographer had been negotiating a license for the image in advance of the Apple TV ad campaign. Apple backed out of any such deal, but promptly began using the imagery anyway, Psihoyos' attorney Richard Kaudy wrote. In doing so, he added, Apple knowingly tossed aside the "rights and feelings" of the plaintiff and deprived him of potential profits.I can honestly say I am deeply disappointed. I would make the educated guess that Apple didn't want to pay what Louis was asking (which was probably high, and fair too) because they probably wanted to use the image as their signature image to promote the Apple TV. Further, I would make a guess that they were asking for an all-rights package, but were vague as to the extent of the use. Yes, yes, these are guesses, but educated ones, based upon demands and insistences of clients I have encountered who wanted my images for a small figure, knowing they were going to use it for extremely broad purposes, but not wanting me to consider that in the final licensing fee.
When you encounter clients who have unreasonable expectations about what an image of yours is worth, make sure you not only stand your ground, but moreover, make damn sure your images are registered (especially the one being negotiated!) so that when this happens to you, you have all your options available to you, because you registered your copyright.
Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.