The original image was apparently taken way back in 2013 and then re-purposed for a 2016 MSI ad with what looks like a VR backpack. Image (left) Lindze A’la Mode, photo by Allison Rose (right) MSI
MSI, a company that manufactures computer motherboards, graphics cards, desktop PCs, laptops and peripherals, is being accused of using a cosplayer’s photo as ad material without the former’s permission.
The issue is being brought to court in the state of Georgia as per the complaint of cosplayer Lindze A’la Mode and photographer Allison Rose. The two are accusing MSI of using an image for a 2013 calendar and digitally manipulating it for use in the company’s advertisement, reports Kotaku.
This MSI ad had appeared in “websites and social media accounts,” and was “retweeted by Intel Corporation to its forty-five thousand followers.” The image has already been removed from MSI’s social media accounts.
The filed case states that MSI, “knowingly, and with the intent to enable, conceal and facilitate copyright infringement, provided and distributed false copyright management information with the [image].”
MSI responded that it lacked “knowledge or information sufficient to form a belief about the truth of the allegations…and therefore denies them,” and that its use of the image constituted “fair use.”
How the case will turn out is anybody’s guess, especially with a big corporation like MSI. However, it should be noted that ignorance on the side of the company is not a legal defense. Alfred Bayle