Greenberg v. National Geographic
Encyclopedia
Greenberg v. National Geographic was a copyright
lawsuit
regarding image use and republication rights of National Geographic to their magazine in electronic form.
and DVD
," consisting of over 108 years of an exact image-based reproduction of each and every page of each monthly paper issue of National Geographic magazine, has been tied up in copyright litigation for over ten years by a handful of prior photographers
and contributors since shortly after the digital archive was issued in late 1997. National Geographic
withdrew this archive from the market in 2004 until the litigation was resolved.
Two federal appellate courts have ruled in the various cases. One case in the U.S. Court of Appeals for the Eleventh Circuit ruled against National Geographic in 2001 (Greenberg v. National Geographic) prior to the U.S. Supreme Court's ruling in a similar case later that same year involving the same statute of the U.S. Copyright law (Tasini v. The New York Times et al.
). The United States Court of Appeals for the Second Circuit
said that "Greenberg" was inconsistent with the Supreme Court
ruling in "Tasini," and ruled in favor of National Geographic
in cases involving the same Complete National Geographic product. These New York
cases were decided after the U.S. Supreme Court ruling in the Tasini case. In a decision announced June 13, 2007, the U.S. Court of Appeals for the Eleventh Circuit reversed its prior decision in Greenberg I and ruled that the "Complete National Geographic" was an appropriate reproduction under the Copyright Act
since it maintained the context of its prior collective works. The appeals court said that the Second Circuit was correct in holding that Greenberg I was inconsistent with the U.S. Supreme Court ruling in the Tasini case. On August 30, 2007, the Eleventh Circuit issued an order vacating the panel decision in Greenberg 2 and said the Court would hear the appeal en banc
, or by all the judges on the Court, which was heard February 26, 2008. On June 30, 2008, the Eleventh Circuit held that National Geographic's reproduction of its magazine electronically was privileged under the federal copyright statute.
, Playboy
"Atlantic Monthly," and "Rolling Stone
," have either produced or announced plans to produce complete reproductions of their prior paper magazines on DVD
or a restricted website for subscribers.
As a result of this ruling National Geographic has announced it is releasing the full 120 year version of this magazine at the end of October 2009. Yearly updates are also promised.
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
regarding image use and republication rights of National Geographic to their magazine in electronic form.
Details
An electronic edition "The Complete National Geographic on CD-ROMCD-ROM
A CD-ROM is a pre-pressed compact disc that contains data accessible to, but not writable by, a computer for data storage and music playback. The 1985 “Yellow Book” standard developed by Sony and Philips adapted the format to hold any form of binary data....
and DVD
DVD
A DVD is an optical disc storage media format, invented and developed by Philips, Sony, Toshiba, and Panasonic in 1995. DVDs offer higher storage capacity than Compact Discs while having the same dimensions....
," consisting of over 108 years of an exact image-based reproduction of each and every page of each monthly paper issue of National Geographic magazine, has been tied up in copyright litigation for over ten years by a handful of prior photographers
Photography
Photography is the art, science and practice of creating durable images by recording light or other electromagnetic radiation, either electronically by means of an image sensor or chemically by means of a light-sensitive material such as photographic film...
and contributors since shortly after the digital archive was issued in late 1997. National Geographic
National Geographic Society
The National Geographic Society , headquartered in Washington, D.C. in the United States, is one of the largest non-profit scientific and educational institutions in the world. Its interests include geography, archaeology and natural science, the promotion of environmental and historical...
withdrew this archive from the market in 2004 until the litigation was resolved.
Two federal appellate courts have ruled in the various cases. One case in the U.S. Court of Appeals for the Eleventh Circuit ruled against National Geographic in 2001 (Greenberg v. National Geographic) prior to the U.S. Supreme Court's ruling in a similar case later that same year involving the same statute of the U.S. Copyright law (Tasini v. The New York Times et al.
New York Times Co. v. Tasini
New York Times Co. v. Tasini, 533 U.S. 483 , is a leading decision by the United States Supreme Court on the issue of copyright in the contents of a newspaper database...
). The United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
said that "Greenberg" was inconsistent with the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruling in "Tasini," and ruled in favor of National Geographic
National Geographic Society
The National Geographic Society , headquartered in Washington, D.C. in the United States, is one of the largest non-profit scientific and educational institutions in the world. Its interests include geography, archaeology and natural science, the promotion of environmental and historical...
in cases involving the same Complete National Geographic product. These New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
cases were decided after the U.S. Supreme Court ruling in the Tasini case. In a decision announced June 13, 2007, the U.S. Court of Appeals for the Eleventh Circuit reversed its prior decision in Greenberg I and ruled that the "Complete National Geographic" was an appropriate reproduction under the Copyright Act
United States copyright law
The copyright law of the United States governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution...
since it maintained the context of its prior collective works. The appeals court said that the Second Circuit was correct in holding that Greenberg I was inconsistent with the U.S. Supreme Court ruling in the Tasini case. On August 30, 2007, the Eleventh Circuit issued an order vacating the panel decision in Greenberg 2 and said the Court would hear the appeal en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
, or by all the judges on the Court, which was heard February 26, 2008. On June 30, 2008, the Eleventh Circuit held that National Geographic's reproduction of its magazine electronically was privileged under the federal copyright statute.
Results
Since National Geographic's victory in the Second Circuit, several publications, The New YorkerThe New Yorker
The New Yorker is an American magazine of reportage, commentary, criticism, essays, fiction, satire, cartoons and poetry published by Condé Nast...
, Playboy
Playboy
Playboy is an American men's magazine that features photographs of nude women as well as journalism and fiction. It was founded in Chicago in 1953 by Hugh Hefner and his associates, and funded in part by a $1,000 loan from Hefner's mother. The magazine has grown into Playboy Enterprises, Inc., with...
"Atlantic Monthly," and "Rolling Stone
Rolling Stone
Rolling Stone is a US-based magazine devoted to music, liberal politics, and popular culture that is published every two weeks. Rolling Stone was founded in San Francisco in 1967 by Jann Wenner and music critic Ralph J...
," have either produced or announced plans to produce complete reproductions of their prior paper magazines on DVD
DVD
A DVD is an optical disc storage media format, invented and developed by Philips, Sony, Toshiba, and Panasonic in 1995. DVDs offer higher storage capacity than Compact Discs while having the same dimensions....
or a restricted website for subscribers.
As a result of this ruling National Geographic has announced it is releasing the full 120 year version of this magazine at the end of October 2009. Yearly updates are also promised.