This link has been bookmarked by 3 people . It was first bookmarked on 06 Jul 2008, by Wisely.
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30 May 16
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09 Jul 08
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06 Jul 08
Wisely"Back-to-back rulings by federal appellate courts in Atlanta and New York favoring the National Geographic Society will allow magazine and newspaper publishers to transfer their published archives to computer discs and sell them commercially without infringing on freelance contributors' copyrights."
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A publisher, according to the en banc majority, may reproduce a freelance photographer's work in a reprint of the original collective work (such as a magazine, newspaper or encyclopedia) to which that photographer contributed; or a revision of that collective work; or a later collective work "in the same series." Reproduction of copyrighted photos in a new work without permission would constitute copyright infringement.
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The ruling turns on what constitutes an acceptable revision and what constitutes a new work in light of a 2001 landmark copyright ruling by the U.S. Supreme Court. In that ruling, New York Times v. Tasini, the high court determined reprinting freelance writers' articles without permission in large computer databases such as Lexis-Nexis infringed freelancers' copyrights.
This week, the 11th Circuit relied on the language of that ruling in deciding that although photographs could not be reprinted in computer databases without permission, they could be republished on CD-ROM or DVD in a reprint of the original work, (in this case, issues of National Geographic) without infringing freelance contributors' copyrights.
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