A photographer has lost a lawsuit against Apple over images that appeared in the background of a documentary about singer Billie Eilish — with a judge calling the usage “too trivial” to be deemed infringing.
Kelley is known for photographs of subjects such as airplanes and architecture. Some of his works were being displayed in Auckland Airport at the time. Judge Woods also says that the camera does not focus on any one of Kelley’s photographs at any time and “nor are they [the images] more well-lit than the performers or Eilish and her family” in the documentary.
“In these fleeting shots, moreover, the photographs are oftentimes obstructed, out of focus, under low lighting, displayed at an angle to the viewer, and at all times in the background — far from appearing prominently in the film.”