Greenberg v. National Geographic Society

in which WILSON, Circuit Judge, joins, and in which EDMONDSON, Chief Judge, and ANDERSON, Circuit Judge, join in Part A only:

I respectfully dissent. I also concur in Judge Anderson’s dissent.

The controlling issues and facts in this case have not been fully identified by the majority — hence, it is not surprising that it reaches the wrong conclusions.

Putting aside the legal analysis or rationales in play in this case, the reader should understand the pecuniary or commercial positions of the parties and their constituencies in this dispute. On one side there are the artists, authors, and other…