New York-based photographer Taea Thale is suing Apple for using one of her copyrighted photos in an iPhone television ad.

[ad#Google Adsense 300×250 in story]According to the court documents, Thale took photos of the band “She and Him,” which Apple used in the commercial. Thale’s lawyers say she only authorized one license of the photo to Merge Media for limited use in magazines and posters.

No license was ever granted to Apple, according to the lawsuit.

What’s interesting is that the iPhone “Concert Commercial” in question only shows a picture of the band’s album cover and a picture of the band when buying tickets for a concert.

It doesn’t seem like Apple used the photo in any way that isn’t publicly available.