Narrative Opinion Summary
This case involves a dispute between plaintiffs-appellants, freelance photographers, and defendants-appellees, the National Geographic Society and its affiliates, concerning the use of photographs in 'The Complete National Geographic (CNG),' a digital product. The crux of the case centers on whether the defendants’ use of the plaintiffs' photographs in the CNG constitutes a permissible 'revision' of prior collective works under 17 U.S.C. § 201(c). Initially, the district court ruled in favor of the defendants, granting summary judgment by categorizing the CNG as a revision. However, upon appeal, the Eleventh Circuit Court disagreed, finding that the CNG was a new collective work and not merely a revision, thus exceeding the scope permitted by § 201(c). The court further found that the animated sequence using the plaintiffs' photographs constituted a derivative work, infringing the photographers' copyright. The Society’s defenses of fair use and de minimis use were rejected. Consequently, the court reversed the lower court's decision, mandated judgment in favor of the plaintiffs, and remanded the case for determination of damages and consideration of injunctive relief.
Legal Issues Addressed
Copyright Privileges under 17 U.S.C. § 201(c)subscribe to see similar legal issues
Application: The court analyzed whether the defendants' product exceeded the limitations of § 201(c) by constituting a new collective work rather than a revision.
Reasoning: The Eleventh Circuit Court found that the defendants' product, 'The Complete National Geographic (CNG),' is not merely a revision but rather a new collective work, exceeding the limitations of § 201(c).
De Minimis Usesubscribe to see similar legal issues
Application: The court dismissed the defense of de minimis use, noting the photograph's significant contribution to the work's visual sequence.
Reasoning: The Society argues that their use qualifies as de minimis; however, this claim is rejected due to the photograph's significant qualitative and quantitative contribution to the Sequence, making up one-tenth of the work.
Derivative Works and Copyright Infringementsubscribe to see similar legal issues
Application: The court determined that the CNG was a new original work and not a mere reproduction, thus infringing Greenberg's exclusive rights by using his photographs in a transformative manner.
Reasoning: The Society infringed upon Greenberg's exclusive rights by using his diver photograph within a visual sequence that transformed and animated it, constituting both a compilation and a derivative work.
Fair Use Doctrine under Section 107subscribe to see similar legal issues
Application: The court rejected the Society's fair use defense, emphasizing that the use was integral to creating a new collective work and not incidental.
Reasoning: The Society's claim of fair use under section 107 fails, as the use of the photograph was not merely incidental but integral to a new collective work, thus exceeding the scope of fair use.
Interpretation of 'Revision' in Collective Workssubscribe to see similar legal issues
Application: The court held that the CNG's inclusion of the moving covers sequence and program elements went beyond the scope of a permissible 'revision' under § 201(c).
Reasoning: The court found that the term 'revision' could not extend to encompass the Sequence and Program elements of the CNG, concluding that the product did not qualify as a 'revision' under the statute.