Legal Opinion

Auscape International v. National Geographic Society

District Court, S.D. New York

Decided August 12, 2004No. 02 Civ.6441 LAKPublishedCited by 28 opinions

1Opinion of the Court

MEMORANDUM OPINION

KAPLAN, District Judge.

In Faulkner v. National Geographic So ciety, 1 this Court held that a CD-ROM archive of digitized images of National Geographic Magazine (the “Magazine”), known as The Complete National Geographic (“CNG”), was a “revision” of the print publication within the meaning of Section 201(c) of the Copyright Act of 1976 2 and therefore did not infringe any copyrights held by freelance photographers and writers whose works first were published, with their consent, in the Magazine.

Plaintiffs in this case make the same claims rejected in Faulkner. But they assert…

2Cases cited50 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Blum v. StensonSupreme Court of the United States · 1984
  4. United States v. KubrickSupreme Court of the United States · 1979
  5. American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974

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3Cited by28 opinions

  1. Psihoyos v. John Wiley & Sons, Inc.Court of Appeals for the Second Circuit · 2014
  2. William A. Graham Co. v. HaugheyCourt of Appeals for the Third Circuit · 2009
  3. Warren Freedenfeld Associates, Inc. v. McTigueCourt of Appeals for the First Circuit · 2008
  4. Tufamerica, Inc. v. DiamondDistrict Court, S.D. New York · 2013
  5. Lefkowitz v. McGraw-Hill Global Education Holdings, LLCDistrict Court, S.D. New York · 2014

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