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Collective Works - E-Rights in Photographs on CD-ROM

March 22, 2001 - Greenberg v. National Geographic Society

The National Geographic Society (NGS) infringed a photographer’s copyright by compiling electronic copies of magazines together with search engine software and a splash page on a set of CD-ROM disks without the photographer’s consent. NGS had argued that the CD-ROM set was either a revision of the original print copies of the magazines or a later collective work in the same series therefore entitling NGS to a reuse privilege under the copyright law. The court disagreed saying that the combination of electronic magazines with separately copyrightable elements such as the search engine software and photographic morphing sequence or "splash page" distinguished the CD-ROM set from the original magazines. The court found that NGS’s CD-ROM compilation constituted a new copyrightable work.

Thus, publishers planning to digitize back issues of collective works should review their contributor contracts to determine whether they acquired e-rights, and, if not, whether the newly created digital work will rise to the level of a new compilation that falls outside the reuse privilege. Without a clear grant of e-rights, publishers who digitize and combine pre-existing content with search engine software and other electronic elements or features will risk similar copyright infringement claims unless they obtain further written consent from their contributors.

Caution:

This abstract summarizes the cited case only. The legal effect of a particular case can change for various reasons including the outcome of an appeal, a later court decision, or new legislation. This abstract is provided as an illustration of a specific outcome under the specific conditions and laws in effect at the time of the decision. You should not rely on this abstract or this case as representing current law without conducting further research. To request further information about this case or a related issue, contact us at 301.332.4850 or click here to send us an email.

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