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Welcome to the Malloy & Malloy, P.L.
Intellectual Property law Blog
Our goal is to provide some general information about recent developments and interesting news impacting Patent, Trademark and Copyright Issues. Please feel free to check back often for the latest.
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Eleventh Circuit Issues En Banc Decision in Copyright Case
07-03-2008 [Oliver Ruiz] [Permalink]In an en banc decision, the Eleventh Circuit issued a ruling in the case of Greenberg v. National Geographic Society, holding that National Geographic was privileged, under the Copyright Act, to reproduce its print magazine issues on a digital CD-ROM format, without compensating a freelance photographer who had contributed items to the print magazine issues. The Court, relying heavily on a United States Supreme Court named New York Times v. Tasini, 533 U.S. 483 (2001), reasoned that the addition of a montage to the CD-ROM did not make it "new" under copyright law, sufficient to require National Geographic to compensate the freelance photographer for publication of the photographs in the CD-ROM format. Instead, the Court held that the changes contained in the CD-ROM constituted a revision to a collective work, which fell squarely within a privilege contained in the Copyright Act. The complete decision is available HERE.