Eleventh Circuit En Banc Rules in “Old Wine, New Bottles” Dispute Over CD-ROM Version of National Geographic Magazine

13 10 2008

Greenberg v. National Geographic, in which photographers seek royalties for the inclusion of their works in the CD-ROM version of the National Geographic Magazine, is a case with legs, that’s for sure. First filed ten years ago, it has been argued at the circuit court level three times, with several trips back to the trial court and at least one petition for certiorari to the U.S. Supreme Court. Only a few weeks after the first Eleventh Circuit court ruling in the case, the U.S. Supreme Court rendered its opinion in New York Times Co. v. Tasini, 533 U.S. 483 (2001), finding that freelance writers of newspaper articles are entitled to royalties for the inclusion of their works in an electronic database. Subsequent proceedings in Greenberg have sought to grapple with the applicability of the Tasini ruling that the disaggregation of the articles in an electronic database was outside the privilege provided in § 201(c) of the Copyright Act for a “revision” of a collective work under.


The content in this post was found at  http://newmedialaw.proskauer.com/2008/07/articles/copyright/eleventh-circuit-en-banc-rules-in-old-wine-new-bottles-dispute-over-cdrom-version-of-national-geographic-magazine/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.

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