ORB – Oregonian Research Blog

October 17, 2008

Photographer Jerry Greenberg v. National Geographic Society

Filed under: copyright,supreme court — Lynne @ 11:51 am

A Florida photographer is asking the U.S. Supreme Court to revisit a landmark copyright decision to determine whether federal appellate courts in Georgia and New York have interpreted it correctly.

The move by freelance underwater photographer Jerry Greenberg extends his 11-year fight with the National Geographic Society over its use of his photographs in a CD compilation of every edition of its flagship magazine.

Between 1962 and 1990, National Geographic published 64 of Greenberg’s photos, including one of a shark in the Florida Keys that became a magazine cover. National Geographic paid Greenberg for the publication rights, which were conveyed back to Greenberg in the mid-1980s, said the photographer’s longtime Miami attorney, Norman Davis of Squire, Sanders & Dempsey.

In 1997, when National Geographic developed “The Complete National Geographic,” a CD archive of its entire magazine library, Greenberg attempted to negotiate a new publication contract based on the CD library. But National Geographic claimed the CD set did not infringe Greenberg’s copyright, Davis said. [Full Article]

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