Legal Actions - Tasini & Geo Update

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



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


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


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.


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:

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 301-461-7627, e-mail: wvz@fpcubgbf.pbz

Jim Pickerell is founder of, 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:  


Be the first to comment below.

Post Comment

Please log in or create an account to post comments.

Stay Connected

Sign up to receive email notification when new stories are posted.

Follow Us

Free Stuff

Stock Photo Pricing: The Future
In the last two years I have written a lot about stock photo pricing and its downward slide. If you have time over the holidays you may want to review some of these stories as you plan your strategy ...
Read More
Future Of Stock Photography
If you’re a photographer that counts on the licensing of stock images to provide a portion of your annual income the following are a few stories you should read. In the past decade stock photography ...
Read More
Blockchain Stories
The opening session at this year’s CEPIC Congress in Berlin on May 30, 2018 is entitled “Can Blockchain be applied to the Photo Industry?” For those who would like to know more about the existing blo...
Read More
2017 Stories Worth Reviewing
The following are links to some 2017 and early 2018 stories that might be worth reviewing as we move into the new year.
Read More
Stories Related To Stock Photo Pricing
The following are links to stories that deal with stock photo pricing trends. Probably the biggest problem the industry has faced in recent years has been the steady decline in prices for the use of ...
Read More
Stock Photo Prices: The Future
This story is FREE. Feel free to pass it along to anyone interested in licensing their work as stock photography. On October 23rd at the DMLA 2017 Conference in New York there will be a panel discuss...
Read More
Important Stock Photo Industry Issues
Here are links to recent stories that deal with three major issues for the stock photo industry – Revenue Growth Potential, Setting Bottom Line On Pricing and Future Production Sources.
Read More
Recent Stories – Summer 2016
If you’ve been shooting all summer and haven’t had time to keep up with your reading here are links to a few stories you might want to check out as we move into the fall. To begin, be sure to complet...
Read More
Corbis Acquisition by VCG/Getty Images
This story provides links to several stories that relate to the Visual China Group (VCG) acquisition of Corbis and the role Getty Images has been assigned in the transfer of Corbis assets to the Gett...
Read More
Finding The Right Image
Many think search will be solved with better Metadata. While metadata is important, there are limits to how far it can take the customer toward finding the right piece of content. This story provides...
Read More

More from Free Stuff