Legal Actions - Tasini & Geo Update

Posted on 3/6/1998 by Jim Pickerell | Printable Version | Comments (0)

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LEGAL ACTION - TASINI & GEOGRAPHIC UPDATES


March 6, 1998

A friend-of-the-court brief has been filed in the U.S. Court of Appeals for the 2nd Circuit of New

York in support of the

Tasini v. New York Times

appeal.

This case was brought by authors against the Times and other publications which had re-used their

work in electronic

databases without notification or

compensation. The case was tried in 1996 with the initial decision published in August 1997. The

authors' brief in the

appeal says that the copyright

law "was twisted beyond recognition," due to the judge's "faulty analysis."

The brief was prepared by the American Society of Media Photographers (ASMP) and endorsed by the

Professional

Photographers of America (PPA),

Advertising Photographers of America (APA), Picture Agency Council of America (PACA), American

Society of Picture

Professionals (ASPP), North American

Nature Photography Association (NANPA), American Institute of Graphic Arts, American Society of

Journalists and Authors,

Authors Guild, Garden Writers

Association of America, Graphic Artists Guild, Independent Writers of Southern California, Outdoor

Writers Association of

America, PEN Center USA West,

Science Fiction and Fantasy Writers of America, Society of American Travel Writers Freelance

Council, Volunteer Lawyers

for the Arts, Washington

Independent Writers, Writers Guild of America East and Writers Guild of America West.

According to Patricia Fetch of the Chicago law firm of Peterson & Ross, who is directing the

appeal, final paperwork from

both sides is due April 7, to

be followed by oral arguments, probably in April or May.

Geographic CD-ROM

In December, Jerry and Idaz Greenberg filed suit against National Geographic for copyright

infringement in connection with

the use of their images in

Geographic's 30-disc set of CD-ROMs. The case was brought in federal court in the Southern

District of Florida.

Geographic refused to settle and has chosen to move ahead with litigation. It appears that

Geographic believes any

settlement will result in a

landslide of claims from hundreds of photographers who would expect similar treatment. Therefore,

it appears Geographic

intends to force litigation of

every claim.

The Greenbergs and their lawyer, Norman Davis, have a history of successful litigations against

other infringers. In one

case reported in the March

1994 issue of Taking Stock Stanley Michael's Inc. a T-shirt manufacturer settled for $195,000 just

prior to the case being

heard in federal court.

The Greenberg case will probably be the first to go to trial, and this might take place as early as

sometime this summer.

Another suit has been filed

in New York by Douglas Faulkner, Louis Psihoyos and Matrix stock agency There are at least 40 other

claimants who have

retained counsel and will be

closely watching the results of the Greenberg case.


©1998 SELLING STOCK

The above copyrighted article(s) are for the sole use of Selling Stock subscribers and may

not be copied, reproduced, excerpted or distributed in any manner to non-subscribers without

the written permission of Jim Pickerell, the editor. For subscription information contact:

Selling Stock 10319 Westlake Drive, Suite 162, Bethesda, MD 20817, phone 301-251-0720,

fax 301-309-0941, e-mail: jim@chd.com.


Copyright © 1998 Jim Pickerell. The above article may not be copied, reproduced, excerpted or distributed in any manner without written permission from the author. All requests should be submitted to Selling Stock at 10319 Westlake Drive, Suite 162, Bethesda, MD 20817, phone 301-251-0720, e-mail: wvz@fpcubgbf.pbz

Jim Pickerell is founder of www.selling-stock.com, an online newsletter that publishes daily. He is also available for personal telephone consultations on pricing and other matters related to stock photography. He occasionally acts as an expert witness on matters related to stock photography. For his current curriculum vitae go to: http://www.jimpickerell.com/Curriculum-Vitae.aspx.  

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