Tuesday, September 22, 2009
Your own argument
I feel that the first decision that the court had made was not justified. There was an agreement between the Society of National Geographic and Mr. Greenberg. The agreement was honored and the society had returned all images and copyright back to the author. Later on the Society had again used the images that had belonged to Greenberg on a product that was being published for an anniversary of national Geographic that celebrated the 108 years of establishment. They felt that they had all rights of the images that were being used. They felt this way, due to thinking that they were merely using the images as a revision of a prior collective work. The 11th circuit court found all reason to the Society of National Geographic.
Greenberg had applied for an appeal. They felt that the National Geographic had no rights to use those images without asking.
The copyright infringement law states that: “Contribution to collective works. Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution. In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revisions of that collective work, and any later collective work in the same series.”
http://www.internetlibrary.com/cases/lib_case504.cfm
With this said. I feel that the 11th circuit courts had decided unfairly. The big item to all the decision is that the society and Greenberg had decided on a contract to finalize all rights of his images after 60 days of publication. I feel that this contract that the Society and Greenberg was ignored to all limits. I also feel that the courts favored to the society due to the lack of rules to technology.
I felt that this case was at every right to be taken to the Supreme Court. There was another case that was similar to Greenberg. New York Times Co. v. Tasini. They ruled favored to Tasini.
“Respondent freelance authors (Authors) wrote articles (Articles) for newspapers and a magazine published by petitioners New York Times Company (Times), Newsday, Inc. (Newsday), and Time, Inc. (Time). The Times, Newsday, and Time (Print Publishers) engaged the Authors as independent contractors under contracts that in no instance secured an Author's consent to placement of an Article in an electronic database.”
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=00-201
This case was similar to Greenberg, the Supreme Court used the ruling from the Tasini case to over rule the courts decision to the Jerry Greenberg v. National Geographic Society.
Greenberg had applied for an appeal. They felt that the National Geographic had no rights to use those images without asking.
The copyright infringement law states that: “Contribution to collective works. Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution. In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revisions of that collective work, and any later collective work in the same series.”
http://www.internetlibrary.com/cases/lib_case504.cfm
With this said. I feel that the 11th circuit courts had decided unfairly. The big item to all the decision is that the society and Greenberg had decided on a contract to finalize all rights of his images after 60 days of publication. I feel that this contract that the Society and Greenberg was ignored to all limits. I also feel that the courts favored to the society due to the lack of rules to technology.
I felt that this case was at every right to be taken to the Supreme Court. There was another case that was similar to Greenberg. New York Times Co. v. Tasini. They ruled favored to Tasini.
“Respondent freelance authors (Authors) wrote articles (Articles) for newspapers and a magazine published by petitioners New York Times Company (Times), Newsday, Inc. (Newsday), and Time, Inc. (Time). The Times, Newsday, and Time (Print Publishers) engaged the Authors as independent contractors under contracts that in no instance secured an Author's consent to placement of an Article in an electronic database.”
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=00-201
This case was similar to Greenberg, the Supreme Court used the ruling from the Tasini case to over rule the courts decision to the Jerry Greenberg v. National Geographic Society.
Rule of Law
201 (c) Contributions to Collective Works.— Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution. In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revision of that collective work, and any later collective work in the same series.
issue
http://www.law.cornell.edu/uscode/17/usc_sec_17_00000201----000-.htm
The Society of National Geographic had made a contract with Greenberg. The contract consisted that the Society of National Geographic would return all images 60 days after the images were published.
In 1996, the society, began in a development of a product called, “The complete national geographic”, this was 30 cd-roms that would hold front covers of all the National Geographic that were published from the first published. Mr. Greenberg’s images were viewed for 30 sec. This had broke there contract and also established infringements on copyrights.
issue
http://www.law.cornell.edu/uscode/17/usc_sec_17_00000201----000-.htm
The Society of National Geographic had made a contract with Greenberg. The contract consisted that the Society of National Geographic would return all images 60 days after the images were published.
In 1996, the society, began in a development of a product called, “The complete national geographic”, this was 30 cd-roms that would hold front covers of all the National Geographic that were published from the first published. Mr. Greenberg’s images were viewed for 30 sec. This had broke there contract and also established infringements on copyrights.
Wednesday, September 16, 2009
How do I feel about the Supreme Court
I feel that the Supreme Court still has its flaws just like everything else in the United States. There are a lot of old traditions that need to be broken. Over the years the Supreme Court has made some improvements. Weather to elect a woman or to elect a none white member. Little by little the Supreme Court will adjust to everyday thinking of the United States.
The thought of how the Supreme Court will be when is time for my daughter to be able to vote only excites me. I feel that thru the generations there will be different think towards how to set out laws. At the moment the Supreme Court has been adjusted to how the thinking of today is and if any individual that thinks that the Supreme Court is not right or not at their standards then maybe that individual is not doing his or her job as far as electing. Each citizen is responsible on who is being voted to the court system. They may not have any votes to who goes in to the Supreme Court but they are voting judges in there district courts and that is where it all starts.
The Supreme Court has become powerful than when it was before. They had decided to elect a president when it came down to having a problem in our voting count. Truthfully I feel that the vote was decided by politics and it was wrong, to me it only felt that politics had a big role to that decision and not the people. That is one of many flaws that I feel that need to adjusted. I feel that the citizens could have waited a little more or revote for a president that was going to make decisions for us for another presidential term.
Over all I feel that the Supreme Court is doing a good job.
The thought of how the Supreme Court will be when is time for my daughter to be able to vote only excites me. I feel that thru the generations there will be different think towards how to set out laws. At the moment the Supreme Court has been adjusted to how the thinking of today is and if any individual that thinks that the Supreme Court is not right or not at their standards then maybe that individual is not doing his or her job as far as electing. Each citizen is responsible on who is being voted to the court system. They may not have any votes to who goes in to the Supreme Court but they are voting judges in there district courts and that is where it all starts.
The Supreme Court has become powerful than when it was before. They had decided to elect a president when it came down to having a problem in our voting count. Truthfully I feel that the vote was decided by politics and it was wrong, to me it only felt that politics had a big role to that decision and not the people. That is one of many flaws that I feel that need to adjusted. I feel that the citizens could have waited a little more or revote for a president that was going to make decisions for us for another presidential term.
Over all I feel that the Supreme Court is doing a good job.
Decisions of the court
We conclude that the unauthorized use of the Greenberg photographs in the CNG compiled and authored by the Society constitutes copyright infringement that is not excused by the privilege afforded the Society
We also find that the unauthorized use of Greenberg's diver photograph in the derivative and collective work, the Sequence, compiled by the Society, constitutes copyright infringement, and that the proffered de minimis use defense is without merit.
http://www.internetlibrary.com/cases/lib_case504.cfm
The district court agreed with National Geographic, and dismissed plaintiff’s suit. In its initial decision in this case, the 11th Circuit disagreed, holding that this work constituted a new product “in a new medium, for a new market that far transcends any privilege of revision or other mere reproduction envisioned in section 201(c).” In its initial decision, the 11th Circuit accordingly rejected defendants’ defense that its conducted was protected by 201(c).
Subsequent to this decision, the Supreme Court decided New York Times Co. v. Tasini, in which the Court held that under Section 201(c) the Times could not republish articles that had appeared in its newspapers in an electronic database which permitted them to be separated from the context – the newspaper – in which they originally appeared without the permission of their authors. The Court held that including these articles in such electronic databases was not a permitted revision of the collective work in which they originally appeared, and was thus not protected by the New York Times’ copyright therein.
Following Tasini, the Second Circuit, in Faulkner, decided that the National Geographic’s republication of its magazines in the Complete National Geographic cd-rom set was indeed a revision protected by 201(c), and dismissed a copyright infringement suit brought, like the case at bar, by the holder of a copyright of photos contained in those magazines.
In light of these decisions, the 11th Circuit reversed it prior decision, and held that the Complete National Geographic was indeed a permitted revision of the original magazines protected by application of Section 201(c). As explained by the 11th Circuit, the central question was “whether the original context of the collective work has been preserved in the revision.” Because such was the case here, as the cd-roms contained 1200 National Geographic magazines exactly as they had originally been published, this was a revision protected by 201(c). This was true notwithstanding the fact that the cd-roms also included a new 25 second video montage of the covers of 10 of the magazines contained in the cd-rom set. Said the Court:
http://www.internetlibrary.com/cases/lib_case504.cfm
These are the decisions of the courts. I find that the courts decisions are appropriate. There is many corporations, that take advantage of free-lance artist. This is one war that artist weather photographer or painter or even a chef, need to be able to protect their work.
We also find that the unauthorized use of Greenberg's diver photograph in the derivative and collective work, the Sequence, compiled by the Society, constitutes copyright infringement, and that the proffered de minimis use defense is without merit.
http://www.internetlibrary.com/cases/lib_case504.cfm
The district court agreed with National Geographic, and dismissed plaintiff’s suit. In its initial decision in this case, the 11th Circuit disagreed, holding that this work constituted a new product “in a new medium, for a new market that far transcends any privilege of revision or other mere reproduction envisioned in section 201(c).” In its initial decision, the 11th Circuit accordingly rejected defendants’ defense that its conducted was protected by 201(c).
Subsequent to this decision, the Supreme Court decided New York Times Co. v. Tasini, in which the Court held that under Section 201(c) the Times could not republish articles that had appeared in its newspapers in an electronic database which permitted them to be separated from the context – the newspaper – in which they originally appeared without the permission of their authors. The Court held that including these articles in such electronic databases was not a permitted revision of the collective work in which they originally appeared, and was thus not protected by the New York Times’ copyright therein.
Following Tasini, the Second Circuit, in Faulkner, decided that the National Geographic’s republication of its magazines in the Complete National Geographic cd-rom set was indeed a revision protected by 201(c), and dismissed a copyright infringement suit brought, like the case at bar, by the holder of a copyright of photos contained in those magazines.
In light of these decisions, the 11th Circuit reversed it prior decision, and held that the Complete National Geographic was indeed a permitted revision of the original magazines protected by application of Section 201(c). As explained by the 11th Circuit, the central question was “whether the original context of the collective work has been preserved in the revision.” Because such was the case here, as the cd-roms contained 1200 National Geographic magazines exactly as they had originally been published, this was a revision protected by 201(c). This was true notwithstanding the fact that the cd-roms also included a new 25 second video montage of the covers of 10 of the magazines contained in the cd-rom set. Said the Court:
http://www.internetlibrary.com/cases/lib_case504.cfm
These are the decisions of the courts. I find that the courts decisions are appropriate. There is many corporations, that take advantage of free-lance artist. This is one war that artist weather photographer or painter or even a chef, need to be able to protect their work.
Wednesday, September 9, 2009
illicit
The black market has been going on for hundreds of years. The question that all authorities are asking themselves is how to stop the underworld of second hand products.
I feel that there will never be an answer to that question. Hundreds and thousands of individuals will take advantage of the black market. It is the only way for a person to be able to live there life in glamour without paying the exaggerating price of a fountain pen or a glamorous hand bag. These are not only the products that are being distributed in the black market; we have from tooth paste to pharmaceutical items. The disadvantage of all this, that when a person that is buying a black market item leaves them to contributing to organize crime that is behind to all this.
A person my not think about it when they are purchasing an item may be the reason why terrorism is still active to this day. They also may not be aware that they are contributing to violence that may be going on in a small village in South America.
The black market may be helping the economy by employing thousands in jobs, but in some places that may not be the case. There is a lot of countries that are still practicing slavery. Thos also leads to transporting people from nation to nation. This type of practice will only lead to death for the individual that is being transported.
This, to me, may be the only reason how black market is affecting my life. Would I like terrorism be financially income to buy their weapons? Would I like individuals from another country take the risk to go to another country just to be able to work and have the outcome to death? No, but would I stop myself from walking in the alleys of Los Angeles in the fashion district and be able to buy that fashion design hand bag for my wife. These are the things that organize crime has gone to depth to make money for their organization. These are some of the things that I feel that governments from all over the world are not taking full force to be able to sustain.
I feel that there will never be an answer to that question. Hundreds and thousands of individuals will take advantage of the black market. It is the only way for a person to be able to live there life in glamour without paying the exaggerating price of a fountain pen or a glamorous hand bag. These are not only the products that are being distributed in the black market; we have from tooth paste to pharmaceutical items. The disadvantage of all this, that when a person that is buying a black market item leaves them to contributing to organize crime that is behind to all this.
A person my not think about it when they are purchasing an item may be the reason why terrorism is still active to this day. They also may not be aware that they are contributing to violence that may be going on in a small village in South America.
The black market may be helping the economy by employing thousands in jobs, but in some places that may not be the case. There is a lot of countries that are still practicing slavery. Thos also leads to transporting people from nation to nation. This type of practice will only lead to death for the individual that is being transported.
This, to me, may be the only reason how black market is affecting my life. Would I like terrorism be financially income to buy their weapons? Would I like individuals from another country take the risk to go to another country just to be able to work and have the outcome to death? No, but would I stop myself from walking in the alleys of Los Angeles in the fashion district and be able to buy that fashion design hand bag for my wife. These are the things that organize crime has gone to depth to make money for their organization. These are some of the things that I feel that governments from all over the world are not taking full force to be able to sustain.
Wednesday, September 2, 2009
Facts of the case.
The facts are that there was an agreement and in this agreement it was explicitly provided that all rights that the Society acquired in the photographs from the job would be returned to Greenberg 60 days after the pictures were published in the Magazine.
After years had passed the society of National Geographic had a ceremony and produced an animated clip with previous issues, These images, through the use of computer animation, overlappingly fades ("morphs") into the image of another cover, pauses on that cover for approximately one second, and then morphs into another cover image, and so on, until 10 different covers have been displayed. One of the cover images used in the moving covers sequence is a picture of a diver that was taken by Greenberg in 1961. The entire sequence lasts for 25 seconds, and is accompanied by music and sound effects.
After eleven years of court, in its final form, granted The National Geographic Society -- and by extension, other publishers -- the right to reproduce its magazine archive in digital format without paying additional royalties to freelance contributors.
After years had passed the society of National Geographic had a ceremony and produced an animated clip with previous issues, These images, through the use of computer animation, overlappingly fades ("morphs") into the image of another cover, pauses on that cover for approximately one second, and then morphs into another cover image, and so on, until 10 different covers have been displayed. One of the cover images used in the moving covers sequence is a picture of a diver that was taken by Greenberg in 1961. The entire sequence lasts for 25 seconds, and is accompanied by music and sound effects.
After eleven years of court, in its final form, granted The National Geographic Society -- and by extension, other publishers -- the right to reproduce its magazine archive in digital format without paying additional royalties to freelance contributors.
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