Photographer Louis Psihoyos is suing Apple Inc. over the use of his 1000 TV’s photograph. The only problem is, Apple is not the one using the picture. An iPhone application, i.TV, is using the photo to market its television and movie listing services.

The Communications Decency Act  has a clause that states that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” This lawsuit could test whether or not Apple has a legal responsibility for intellectual property in iPhone applications developed by outside companies.

Psihoyos claims that Apple knew the application was using his picture without his permission and thus makes them liable.

This is not the first time Psihoyos has sued Apple over the use of this photograph. In 2007 he claimed that Apple used images “identical or substantially similar” to his photo in their various advertising campaigns for the iPhone and other products. The case never went to trial and was presumably settled out of court for an undisclosed amount.

Here is a thought Steve Jobs…PAY THIS MAN FOR HIS WORK! Apple Inc. has more than enough money to buy the rights to this photograph, or at least rent it out for campaigns and applications. An artist’s work is just that, HIS work. Just because the internet allows people to unjustly use work done by others that does not make it right. It is time to settle this once and for all, and do the right thing.