Originally Posted by vinney57
People have this concept of 'stealing ideas' completely arse backwards. You cannot protect ideas, you can only protect their implementation. I suspect Apple were trying to do the RIGHT thing by offering to buy the image. The concept itself is not exactly new; examples can be found all over the place (including my own work from 15 years ago!) The schmuck probably asked for some ridiculous amount of money and was politely told to go and self-procreate.
It is not the idea that was copied, but a specific photographic image. When you negotiate usage fees, it is based on the scope of the use. Local ,Regional National, International. Then collateral, advertising, broadcast use and so on. Then one year, five or unlimited. That fee ususally expands based on that increased use and time. This is not subjective.
If I were negotiating on behalf of the photographer, I would probably negotiate it higher in this case. This is a huge usage of the image concept and will eventually make the photographer's image obsolete, making it worthless for future stocks sales (who would want to use something that emulates Apple). So this photographer would not be a schmuck by asking for a large use fee.