Print 38 comment(s) - last by OrSin.. on Aug 1 at 12:12 PM

Apple's TV set top and its iTunes store are targets for artists

Apple may be in trouble with its Apple TV set top player and the iTunes store. Two lawsuits filed this week claim that Apple knowingly infringed on copyrights, one of which belongs to a Louis Psihoyos, an artistic photographer. The second suit is a civil complaint that claims Apple and pop star Avril Lavigne knowingly infringed on a song written in 1979.

One of the Apple TV's well known advertisements uses a visual representation of a "video wall," consisting of many small videos playing at once with an Apple TV box in the middle. According to the lawsuit which was filed in Boulder, Colorado, the similarity between Apple's video wall and Psihoyos’ photo is too close to be merely coincidence. In fact, Apple and Psihoyos had been in negotiations over the use of his photo or concept.

Unfortunately for Psihoyos, Apple never reached an agreement with him. Instead of developing another concept for its advertisements, the complaint noted that Apple went ahead and used Psihoyos' material anyway. Psihoyos' attorney Richard Kaudy wrote in the complaint that Apple knowingly ignored Psihoyos' "rights and feelings" and any profits that Apple generated from Psihoyos' work were kept for itself.

A separate civil complaint charges that Apple's iTunes music store is an acting catalyst for music infringement. According to the suit, Avril Lavigne's hit single "Girlfriend" is based on another song from the 1970's called "I Wanna Be Your Boyfriend" by James Gangwer and Tommy Dunbar. According to plaintiffs Gangwer and Dunbar, any company that sells and publishes Lavigne's song is infringing on their original work.

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RE: Terrible Lawsuit
By rcc on 7/5/2007 5:13:01 PM , Rating: 2
Only that it named Apple. Why not every music store that sells the CD, every radio station that plays it, etc.

RE: Terrible Lawsuit
By tmp8000 on 7/5/2007 5:17:12 PM , Rating: 2
Yeah that was my point, I've heard both songs and I do think they MAY have at least grounds for a settlement, her chorus sounds exactly like theirs. But naming Apple in the suit is so money hungry.

RE: Terrible Lawsuit
By Parhel on 7/5/2007 5:30:14 PM , Rating: 2
Sorry, I totally missed that. After rereading the post, your point was obvious. You're right, it doesn't make any sense to sue Apple, unless they also planned on sueing every record store that's every sold a copy.

RE: Terrible Lawsuit
By OrSin on 8/1/2007 12:12:11 PM , Rating: 1
Apple is being sued because the orginal artist was already sued and lost. You can no long buy the song anywhere but on Itunes, and maybe some record stores that sell used stuff. Apple probably just put all the song from his record up and didn't realize that one song was pulled. But if apple know and didnt care, then they are in trouble.

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