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Nat'l Geo Seeks Freelance Rightsholders' Verdict Reversal
by Cynthia Turner
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In 2001, the U.S. Court of Appeals for the 11th Circuit, located in
Atlanta, found that National Geographic could not publish Jerry
Greenberg’s photos in the CD-ROM compilation of The Complete National
Geographic without authorization. The court awarded Greenberg $400,000 in
statutory damages. National Geographic appealed to the Supreme Court, but
the high court refused to hear the case. National Geographic has continued to file motions
to reverse the verdict.
More photographers and writers challenged National Geographic on the same
claims. In 2005, the U.S. Court of Appeals for the 2nd Circuit, located in
New York, reached the opposite verdict
in a separate case. This time both the freelance rightsholders and
National Geographic appealed to the Supreme Court to hear the case and
resolve the conflict between the two circuits. On December 12th the
Supreme Court refused to hear this case as well.
In a December 14th article for Photo District News, David Walker reports
that the National Geographic Society will now seek to resolve the split in
the circuits by again attempting to reverse the 11th Circuit verdict that
found in favor of freelance rightsholders. National Geographic
spokesperson M.J. Jacobsen hints that the “NGS will take Greenberg to the
Supreme Court if the 11th Circuit doesn't rule in the publisher's favor,
as the 2nd Circuit has.”
The full article may be read here:
http://www.pdnonline.com/pdn/newswire/article_display.jsp?vnu_content_id=1001659552"
class="bodyCopyLink" target="_blank">
http://www.pdnonline.com/pdn/newswire/article_display.jsp?vnu_content_id=1001659552"
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