Photo Attorney

Jun 16, 2007

Update: Courts Now Agree that NG Publication Does Not Infringe

My June 25, 2005, blog reported on an inconsistency in the circuit courts as to whether National Geographic infringed on photographers' works when it distributed CDs with previously published magazine issues including a search engine and index. The 11th Circuit's previous ruling in Greenberg v. NG clashed with the Supreme Court's subsequent analysis of Section 201(c) of the Copyright Act in Tasini v. New York Times, 533 U.S. 483 (2001). This past week, the 11th Circuit vacated the jury award in Greenberg, finding it overruled by Tasini and putting the circuit courts on the same page. Unfortunately, photographers were the big losers in the end.