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Court decision applauded by ASMP in
National Geographic vs. Jerry Greenberg March 22, 2001

The US Court of Appeals for the 11th Circuit today reversed the District Court in Florida and ruled in favor of ASMP member Jerry Greenberg. The main issue was whether National Geographic could issue CD-ROM versions of its print magazine, including Jerry's photographs, without his permission. The trial court originally said that it could, based on the same theory as in the trial court decision in the Tasini case. The Circuit Court in Greenberg's case has now done the same thing that the Circuit Court did in Tasini: reversed and ruled in favor of the photographers and authors. "I have not yet seen the text of the decision, so I cannot comment on the 11th Circuit's legal analysis, other than saying that it's a great result," said ASMP general counsel and managing director Victor Perlman.

ASMP has been a major supporter of the photographer in this case, providing financial assistance to Jerry, consultations with his attorney, and an amicus curiae brief on Jerry's behalf; we have also been deeply involved with the Tasini case, which will be argued before the US Supreme Court on March 28. Both cases involve the use of copyrighted works by publishers in digital media when they do not have permission to do so from the creators of those works. With this win in the Greenberg case, our position has been upheld in the two federal Circuit Courts that have ruled on it so far. We do not know yet if the decision in the Greenberg case will be appealed, and we will keep you posted on developments in both cases.

"This is a big win for photographers, and both Jerry Greenberg and his attorney, Norman Davis, of Steel Hector & Davis in Miami, Florida, are to be congratulated. Jerry also deserves thanks from all of us for having the determination to keep going with this case in spite of all that it has cost him in terms of money, time and energy. Also to be thanked are Patricia Felch, of Banner Witcoff in Chicago, for writing ASMP's amicus curiae brief and all those who have supported Jerry through their contributions to the Legal Action Fund," said Perlman.