Jeffrey Greenberg vs. The National Georgraphic Society

National Geographic Collection In May 2009, Photographer Jerry Greenberg of Seahawk Press, Miami Florida, donated to Franklin Pierce Law's IP Library his collection of legal briefs, exhibits, and other material that was created in his 12-year case: Greenberg v National Geographic. Greenberg's case stemmed from the National Geographic Society reusing more than 60 of Greenberg's photographs in a 30-disc CD-ROM compilation called "The Complete National Geographic." The digital product included 1,200 past issues of National Geographic magazine. The series of appellate rulings came to an end in December 2008 when The United States Supreme Court denied to hear an appeal by Greenberg in which he asked the justices to reverse a lower court's landmark copyright decision. The Law Center plans to digitize the collection, making it accessible for academic teaching and student research on intellectual property, copyright and trademark law.

Professor Jon Cavicchi commented "This donation is valuable and meaningful on many levels. This is a unique collection of its kind and it is an honor that Mr. Greenberg has entrusted to Pierce Law the work of more than a decade of his life in what he considered to be a just cause in the public interest of content creators in the U.S. This collection will be extensively indexed and scanned into searchable documents for free use of all those interested around the globe. Pierce Law has a commitment to offering an open source of unique intellectual property Web based information."

From a legal scholarship standpoint, this case is significant. The 11th Circuit helds that pursuant to 17 U.S.C. Section 201(c), the republication of the CD set is a permitted revision of those collective works for which the National Geographic, the owner of the copyright therein, does not need additional license or permission from plaintiff, the owner of the copyright in various photos contained in these magazines. The fact that this CD set also contained a new 25-second video montage of the covers of 10 of the magazines it contained did not alter this conclusion. In reaching this result, the 11th Circuit followed the decisions of the Second Circuit in Faulkner v. Nat'l Geographic Society, 409 F.3d 26 (2d Cir.) cert denied - US --, 126 S.Ct. 833 (2005) and the Supreme Court in New York Times Co. v. Tasini, 533 U.S. 483 (2001). The 11th Circuit accordingly reversed its prior contrary decision, and remanded the case to the District Court for further consideration of plaintiff's claim that the inclusion of one of his photographs in a magazine cover contained in this new 25 second montage infringed his copyright therein.

Map of the Greenberg vs National Geographic Society

(Left) Map of Court Proceedings for
Jeffrey Greenberg Vs. The National Geographic Society



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Click here for Mr. Greenberg's Donation Letter (PDF) to the Franklin Pierce Law Center

Click for Greenberg vs. National Geographic Society: "The Eleventh Circuit Clarifies the Privleged Revision Doctrine of the Copyright Act (PDF)


Chronological Contents

Before Complaint Filed

DATE TITLE PAGES LINK
01/01/62 National Geographic Magazine Vol 121_No. 1 10 Link to Doc
01/01/62 National Geographic Magazine Vol 121_No. 1 COLOR CHECK ORDER to ORIGINAL 39 Link to Doc
01/01/62 National Geographic Magazine Vol 121_No. 1 COLOR CHECK ORDER to ORIGINAL 13 Link to Doc
02/01/68 National Geographic Magazine Vol 133_No. 2 4 Link to Doc
02/01/68 National Geographic Magazine Vol 133_No. 2 21 Link to Doc
05/01/71 National Geographic Magazine Vol 139_No. 5 5 Link to Doc
05/01/71 National Geographic Magazine Vol 139_No. 5 COLOR 9 Link to Doc
12/18/85 NGS Letter with Copyright to select works 6 Link to Doc
12/18/85 NGS Letter with Copyright to select works INCOMPLETE 2 Link to Doc
06/14/89 Greenberg_NGS correspondence 3 Link to Doc
07/01/90 National Geographic Magazine Vol 178_No. 1 5 Link to Doc
08/01/92 Value of Copyrights _ A closer look at the ASMP copyright licensing agency 7 Link to Doc
07/28/95 IRS Letter Ruling and Memoranda 18 Link to Doc
10/20/95 IRC Code Sec 512 16 Link to Doc
01/27/97 Washington Post - Mapping Out a Greater Society 3 Link to Doc
02/14/97 Early Greenberg Attorney letter (draft) to NGS 58 Link to Doc
02/14/97 Early Greenberg Attorney letter (draft) to NGS 62 Link to Doc
04/14/97 James Pickerell email - Geographic on Disc 1 Link to Doc
04/15/97 Unknown Email regarding anonymous source for addition claim against NGS 1 Link to Doc
05/13/97 Anonymous Letter presumably to Selling Stock regard NGS CR Infringement 10 Link to Doc
05/19/97 Los Angeles Times article - Heard on the Beat by Greg Miller 1 Link to Doc
05/20/97 Selling Stock Article - Geographic makes an Offer 4 Link to Doc
05/20/97 Unknown author - abstract from Greg Miller article in Los Angeles Times on 05.19.97 1 Link to Doc
05/21/97 Jim Pickerell _ Letters discussing CR Infringement before CDROM release for many photographers 15 Link to Doc
05/21/97 NG Interactive Letter to Magazine Contributers 3 Link to Doc
06/03/97 Jim Pickerell _ Response Letter to NGS 16 Link to Doc
06/18/97 James Pickerell email - Request for Contact from Photographers whose copyright was as infringed by NG 1 Link to Doc
07/08/97 DRK Photo - National Geographic Update 4 Link to Doc
08/03/97 NYTimes - Seeing Green in a Yellow Border 3 Link to Doc
08/14/97 New York Law Journal - Freelance Writers Lose Online Suit 3 Link to Doc
08/15/97 New York Law Journal - Tasini v. New York Times - Opinion and Order 26 Link to Doc
09/03/97 Tasini v New York Times - Memorandum of Law in Support of Plaintiffs Motion for Reargument 25 Link to Doc
09/17/97 PACA Letter - Response to NGI CDROM 1 Link to Doc
10/01/97 Similarities between NGS_National Geographic Interactive CD-Rom Copyright 1997 and the NGS_Educational Insights (Reefs & Oceans) Copyright 1995 66 Link to Doc
10/20/97 National Law Journal - Freelancers reeling in fight over online rights 8 Link to Doc
10/22/97 Relevant Class action complaint for copyright infringement in CA 12 Link to Doc
10/23/97 Thomson Photo Imaging Invoice 4 Link to Doc
10/27/97 Thomson and Thomson - Research Reports 38 Link to Doc
11/21/97 James Pickerell - Letter to Former Geographic Photographers 3 Link to Doc
11/24/97 Jerry Greenberg Attorney Invoice - 09.29.97_10.29.97 3 Link to Doc
11/25/97 James Pickerell - Basis for Right to Compensation 3 Link to Doc

U.S. District Court for Southern Florida

DATE TITLE PAGES LINK
12/03/97 Greenberg Complaint (draft) against NGS 14 Link to Doc
12/05/97 Plaintiffs Complaint 15 Link to Doc
12/11/97 Jerry Greenberg Attorney Invoice - 11.01.97_12.01.97 3 Link to Doc
12/18/97 Faulkner v NGS Summons and Complaint 16 Link to Doc
12/23/97 Greenberg Amended Complaint against NGS 19 Link to Doc
01/21/98 Order Granting Defendants Motion to Dismiss Count 2 and to Dismiss of for Summary Judgement on Counts 3-5 of Plaintiffs Amended Complaint 12 Link to Doc
01/26/98 Plaintiffs Memorandum in Response to Defendants Motion for Scheduling Order 4 Link to Doc
01/30/98 Declaration of Thomas Stanton 9 Link to Doc
01/30/98 Defendants Partial Answer to Amended Complaint and Affirmation Defenses 6 Link to Doc
01/30/98 Memorandum of Law in Support of Defendants Motion to Dismiss Counts 2 and to Dismiss or for Summary Judgement on Counts 3 to 5 of Plaintiffs Amended Complaint 32 Link to Doc
02/03/98 Tasini v. New York Times _ Brief of American Society of Media Photographers et al as Amici Curiae in Support of Tasini 38 Link to Doc
02/11/98 Affidavit of Idaz Greenberg 2 Link to Doc
02/11/98 Affidavit of Jerry Greenberg with Exhibits 16 Link to Doc
02/13/98 Plaintiffs Memorandum in Response to Defendants motion to dismiss count 2 and to dismiss or for Summary Judgement on counts 3-5 of Plaintiffs amended complaint 82 Link to Doc
02/23/98 Reply Declaration of Thomas Stanton 2 Link to Doc
02/23/98 Reply Memorandum of Law in Support of Defendants Motion to Dismiss Count 3 and to Dismiss or for Summary Judgement on Counts 3 to 5 of Plaintiffs Amended Complaint 15 Link to Doc
02/26/98 Jerry Greenberg Attorney Invoice - 10.17.97_01.31.98 8 Link to Doc
03/06/98 Selling Stock Article - Legal Action - Tasini _ Geographic Updates 1 Link to Doc
03/30/98 Plaintiffs Request for Production of Documents to Defendants NGS 5 Link to Doc
04/02/98 Defendants Request for Production of Documents with Plaintiffs notes 4 Link to Doc
04/02/98 Defendants Request for the Production of Documents 4 Link to Doc
04/03/98 Selling Stock article - DRK Refuses to License to Geographic Publications 3 Link to Doc
04/09/98 Defendants First Set of Interrogatories 3 Link to Doc
05/01/98 Plaintiffs Answers to NGS First Set of Interrogatories 7 Link to Doc
05/04/98 Defendants Response to Plaintiffs First set of interrogatories to Defendants NGS 5 Link to Doc
05/04/98 Defendants Response to Plaintiffs Request for Production of Documents to Defendants NGS 4 Link to Doc
05/04/98 MISSING PAGES Defendants Response To Plaintiffs Request for Production of Documents to Defendants NGS 4 Link to Doc
05/11/98 Stipulation agreement with Defendants regard confidentiality of certain documents produced in discovery 8 Link to Doc
05/14/98 Order Granting in Part and Denying in Part Defendants Motion for Partial Summary Judgement by Joan Leonard 9 Link to Doc
05/20/98 Getting Fair Compensation from Publishers 4 Link to Doc
05/26/98 Selling Stock Article - New Copyright Legislation 2 Link to Doc
05/28/98 Deposition of Jerry Greenberg 32 Link to Doc
06/07/98 Deposition of Idaz Greenberg 92 Link to Doc
06/24/98 Defendants Answer to Count 2 of Amended Complaint 4 Link to Doc
06/24/98 Defendants Verified Response to Plaintiffs Request for Entry by Clerk of Default against Defendants NGS as to Count 2 of Amended Complaint 4 Link to Doc
07/14/98 US Copyright Office - Form VA - National Geographic Society as Claimant 2 Link to Doc
07/17/98 Defendants Offer of Judgment 2 Link to Doc
07/24/98 Deposition of Lyle Rosbotham 22 Link to Doc
07/24/98 Deposition of Warren Cutler 20 Link to Doc
07/30/98 Selling Stock Article - National Geographic Potpourri - CDROM Travel Planner 3 Link to Doc
08/14/98 In regard to Fair Use - Sandoval v. New Line Cinema 6 Link to Doc
09/28/98 Affidavit of Jerry Greenberg 6 Link to Doc
09/28/98 Supplemental Affidavit of Jerry Greenberg 1 Link to Doc
09/30/98 Greenberg Memorandum in Support of Plaintiffs Motion for Summary Judgement on Liability for Count 1 and 2 of Amended Complaint NO EXHIBITS 21 Link to Doc
09/30/98 Plaintiffs Notice of Filing Deposition of Warren Cutler in Support of Plaintiffs Motion for Summary Judgement on Liability for Count 1 and 2 of Amended Complaint 2 Link to Doc
10/13/98 Plaintiffs Reply Memorandum in Support of Motion for Summary Judgement on Liability of Counts 1 and 2 of Amended Complaint 14 Link to Doc
10/14/98 Declaration of Lyle Rosbotham 2 Link to Doc
10/15/98 Declaration of Rock Wheeler 6 Link to Doc
10/15/98 Memorandum of Law in Opposition to Plaintiffs Motion for Summary Judgement on Liability for Count 1 and 2 of Amended Complaint WITH EXHIBITS 38 Link to Doc
10/22/98 Second Supplemental Affidavit of Jerry Greenberg 2 Link to Doc
10/23/98 Plaintiffs Reply Memorandum in Support of Motion for Summary Judgement on Liability for Counts 1-2 of Amended Complaint 16 Link to Doc
12/30/98 Mindscape Gross Profit and Royalty Paid to NGS 3 Link to Doc
03/09/99 Expert Report of Jane S. Kinne 18 Link to Doc
06/08/99 Order Granting Plaintiffs Motion for Summary Judgement on Liability as to Count 1 and 2 by Joan Lenard 12 Link to Doc
06/16/99 Selling Stock Article - Geographic Guilty of Copyright Infringement 2 Link to Doc
09/30/99 Internal Attorney Memorandum regard Tasini not addressing NGS claim 2 Link to Doc
10/18/99 Plaintiffs Motion to Vacate Order Granting in Part Defendants Motion for Part Summary Judgement and for Other relief _ Memorandum of Law 13 Link to Doc
11/01/99 Defendants Memorandum of Law in Opposition to Plaintiffs Motion to Vacate Order Granting in Part Defendants Motion for Partial Summary Judgement and Other Relief 15 Link to Doc
11/16/99 Thomson and Thomson - Research Report on 108 Year NG CDROM 19 Link to Doc
11/19/99 Thomson and Thomson - Research Report VA 931 760 NG 6 Link to Doc
11/23/99 On Appeal _ Appellant Greenbergs Record Excerpts 87 Link to Doc
12/06/99 Order Resetting Case for Trial by US District J Joan A. Lenard 1 Link to Doc
12/29/99 Sally Faulkner et al v NGS _ Summons and Complaint 23 Link to Doc
01/26/00 Plaintiffs Notice of Appeal 15 Link to Doc
02/08/00 Memorandum from Jerry Greenberg in regard conversation with Wayne Crist Visual Arts examiner at copyright office 6 Link to Doc
03/14/00 Thomson and Thomson - Research Report for NG Jan 1962 3 Link to Doc

U.S. Court of Appeals - Eleventh Circuit

DATE TITLE PAGES LINK
03/20/00 On Appeal _ Appellants Initial Brief of Jerry and Idaz Greenberg 66 Link to Doc
03/22/00 On Appeal _ Brief of Amicus Curiae American Society of Media Photographers in Support of Plaintiffs_Appellants 58 Link to Doc
04/18/00 On Appeal _ Brief in Opposition to Initial Brief of Jerry and Idaz Greenberg 101 Link to Doc
04/19/00 On Appeal _ Appellees Motion to Strike Appellants Argument Not Raised Below _ also with Affirmation of Robert G. Sugarman 21 Link to Doc
04/26/00 On Appeal _ Brief of Amici Curiae _ Magazine Publishers of America et al Supporting Appellees and Affirmance of Decision Below 38 Link to Doc
04/28/00 Affidavit of Jerry Greenberg in Support of Appellants Opposition to Appellees Motion to Strike Arguments Not Raised Below 3 Link to Doc
04/28/00 On appeal from the US District Court - Appellants Greenberg Opposition to Appellees NGS Motion to Strike Appellants Argument Not Raised below 18 Link to Doc
05/02/00 Accountant Information Report of NGS 2 Link to Doc
05/03/00 On Appeal from US District Court of Southern Florida - Appellants Reply Brief of Jerry and Idaz Greenberg 38 Link to Doc
05/05/00 On Appeal _ Reply Brief of Amicus Curiae _ American Society of Media Photographers In Support of Plaintiffs_Appellants and In Opposition to the Brief of Appellees and Their Amici 31 Link to Doc
08/14/00 Moody Bond Rating For National Geographic Pubic Debt Offering 1 Link to Doc
10/17/00 Appellees Motion to File Addition Letter Submission 15 Link to Doc
10/19/00 Appellants Opposition to Motion by Appellees to File Additional Letter Submission OR Appellants Response to Submission 10 Link to Doc
10/26/00 US Court of Appeals 11th District Memorandum to All Addressees by Clerk Thomas K. Kahn 3 Link to Doc
11/14/00 Appellants Supplemental Brief of Jerry Greenberg and Idaz Greenberg in Response to Memorandum of Court dated 10.26.00 45 Link to Doc
11/14/00 On Appeal from the US District Court for Southern Florida - Response by Amicus Curiae The American Association of Media Photographers Inc to this Courts 10.26.00 Memorandum 17 Link to Doc
11/14/00 Supplemental Submission of National Geographic et al Concerning the Program 5 Link to Doc
11/14/00 Supplemental Submission of National Geographic et al In Response to Courts Memorandum Dated 10.26.00 16 Link to Doc
11/15/00 Supplemental Brief of Amici Curiae - Magazine Publishers of America Inc et al Supporting Defendants_Appellees and Affirmance of the Decision Below 17 Link to Doc
11/26/00 Supplemental Submission of National Geographic et al Concerning the Program 5 Link to Doc
12/01/00 PDN Article - Touch Words from Judges on Geographic CD 3 Link to Doc
03/22/01 244 Federal Reporter 3d 1267-1279 - Greenberg v National Geographic Society 13 Link to Doc
03/22/01 Appeal from the US District Court for the Southern District of Florida _ Order Reversing and Remanding NOTES 5 Link to Doc
03/22/01 Appeal from the US District Court for the Southern District of Florida _ Order Reversing and Remanding 27 Link to Doc
03/27/01 Selling Stock Article - Greenberg Wins Against National Geographic 2 Link to Doc
03/27/01 Selling Stock Article - Tasini Heats Up 5 Link to Doc
04/11/01 Appeal from US District Court of Southern Florida - Defendants-Appellees Petition for the Rehearing and Petition for Rehearing En Banc 43 Link to Doc
04/12/01 Appeal from US District Court of Southern Florida - Petition of Amici Curiae - Magazine Publishers of America et al for Rehearing En Banc 24 Link to Doc
04/13/01 Appeal from US District Court of Southern Florida - Motion of Amici Curiae - Magazine Publishers of America et al for Leave to File Petition for Rehearing En Banc 6 Link to Doc
04/17/01 Correspondence - Enclosure Notice from Steel Hector Davis 1 Link to Doc
05/02/01 Correspondence - Amendment to Petition for Rehearing En Banc 2 Link to Doc
05/02/01 Correspondence - Copyright Office and National Geographic Society 6 Link to Doc
05/07/01 Appellants Motion to Strike Letter and Enclosure Filed by Appellees 6 Link to Doc
05/18/01 Motion to Reconsider Order Granting Motion to Strike 11 Link to Doc
06/29/01 Thomson and Thomson - Research Report on NG Enterprises 11 Link to Doc
07/05/01 Daniel Nelson email - New lawsuit against the new york times by John Tasini 5 Link to Doc
07/09/01 Time Magazine - Cyber Payback _ the high court upholds freelancers online rights 2 Link to Doc
07/12/01 Thomson and Thomson - Research Report on NG 108 Year CDROM Maps 2 Link to Doc
07/12/01 Unknown publisher - Judge Grants Authors a Victory in Fight over Digital Book Rights 2 Link to Doc
07/24/01 Jerry Greenberg - Dermatology Diagnosis by Kenneth Rosen 2 Link to Doc

U.S. Supreme Court Petition

DATE TITLE PAGES LINK
07/30/01 On Petition for Writ of Certiorari to US Court of Appeals for 11th Circuit - Petition for Writ of Certiorari 77 Link to Doc
08/29/01 On Petition for Writ of Certiorari to the US Court of Appeals for the 11th Circuit - Brief of Amici Curiae in Support of Petition for Writ of Certiorari Filed in Support of Petitioners 22 Link to Doc
08/30/01 On Petition ... - Brief Amici Curiae of the American Library Ass._ the Ass. of Research Libraries_ the Amer. Ass. of Law Libraries_ the Medical Library Ass. in Support of Petitioners 19 Link to Doc
08/30/01 On Petition for Writ of Certiorari to US Court of Appeals for 11th Circuit - Brief Amici Curiae American Society of Media Photographers Inc et al in Support of Respondents 15 Link to Doc
09/10/01 On Petition for Writ of Certiorari to US Court of Appeals for 11th Circuit - Reply to Brief in Opposition 13 Link to Doc

U.S. District Court for Southern Florida

DATE TITLE PAGES LINK
10/10/01 Miami Herald - Photographer wins digital fight 1 Link to Doc
10/29/01 Patent Trademark and Copyright Journal - Experts Weigh Tasini Rulings Impact on Freelancers and Electronic Publishing 3 Link to Doc
11/06/01 Email regard Damages related to NGS CDROM 1 Link to Doc
11/13/01 Plaintiffs Demand for Jury Trial 2 Link to Doc
11/13/01 Plaintiffs Motion to Strike Defendants Answer to Count III and V of the Amended Complaint_to strike All Affirmative Defenses in Answers and Accompanying Memorandum of Law 15 Link to Doc
12/07/01 Plaintiffs Memorandum in Opposition to Defendants Motion for Additional Order of Reference 7 Link to Doc
12/07/01 Plaintiffs Reply Memorandum in Support of Motion to Strike Answers or Defenses and in Opposition to Cross-Motion for Enlargement 6 Link to Doc
12/14/01 Plaintiffs First Request to Defendant Mindscape Inc for Production of Documents 7 Link to Doc
12/14/01 Plaintiffs Second Request to National Geographic Enterprises Inc for Production of Documents 7 Link to Doc
12/14/01 Plaintiffs Second Request to National Geographic Society for Production of Documents 7 Link to Doc
12/19/01 Reply Memorandum of Law in Further Support of Defendants Motion for an Additional Order of Reference and Cross-Motion for Enlargement of Time 8 Link to Doc
01/11/02 Order Granting Defendants Motion for Additional Order of Reference AND Denying Defendants Cross-Motion for Enlargement of Time AND Granting Plaintiffs Motion to Strike Defendants Answers 6 Link to Doc
01/28/02 Plaintiffs Memorandum in Opposition to Defendants Motion for Reconsideration 6 Link to Doc
01/29/02 NG Expert Report of Jane S. Kinne 9 Link to Doc
01/29/02 NG Expert Report of Sheldon Czapnik 8 Link to Doc
01/29/02 NG Expert Reports Paul Kramer _ Sheldon Czapnik _ Jane S. Kinne 44 Link to Doc
02/04/02 Deposition of Dennis Dimick 70 Link to Doc
02/04/02 Deposition of Paul Kilmer 143 Link to Doc
02/06/02 Reply Memorandum of Law in Further Support of Defendants Motion for Reconsideration 5 Link to Doc
02/19/02 Order by Judge Joan A Lenard for Plaintiffs Motion for Continuance of Settlement Conference 6 Link to Doc
02/19/02 Plaintiffs Memorandum in Opposition to Motion by Defendants for Interlocutory Appeal 9 Link to Doc
03/01/02 Plaintiffs Motion for Continuance of Settlement Conference 3 Link to Doc
03/05/02 Plaintiffs Motion to Compel Production of Documents by All Defendants 26 Link to Doc
04/19/02 Affidavit of Jerry Greenberg with Exhibits 53 Link to Doc
04/19/02 Memorandum in Support of Plaintiffs Motion for Partial Summary Judgment as to Number of Works Infringed 13 Link to Doc
04/19/02 Plaintiffs Motion for Partial Summary Judgment as to Number of Works Infringed 2 Link to Doc
04/25/02 Jim Pickerells article on Greenberg and Ward cases against NGS 14 Link to Doc
04/25/02 Jim Pickerells article on Greenberg and Ward cases against NGS 8 Link to Doc
05/01/02 Unknown magazine - Big Gains for Copyright Protection 1 Link to Doc
05/06/02 Defendants Cross-Motion for Partial Summary Judgement As To Number of Works Infringed 3 Link to Doc
05/06/02 Defendants Second Request for Production of Documents 6 Link to Doc
05/06/02 Defendants Notice of Taking Deposition of Idaz Greenberg 3 Link to Doc
05/06/02 Defendants Notice of Taking Deposition of Jerry Greenberg 3 Link to Doc
05/06/02 Defendants Second Request for Production of Documents 6 Link to Doc
05/06/02 Memorandum of Law in Support of Defendants Cross-Motion for Partial Summary Judgement and in Opposition to Plaintiffs Motion for Partial Summary Judgement as to Number of Works Infringed 18 Link to Doc
05/06/02 Notice and Affirmation Of Naomi Jane Gray In Support Of Defendants Cross-Motion for Partial Summary Judgement And In Opposition To Plaintiffs Motion For Partial Summary Judgement As To Number Of Works Infringed 17 Link to Doc
05/06/02 Notice and Declaration of Kent Kobersteen in Support of Defendants Cross-Motion for Partial Summary Judgement and in Opposition to Plaintiffs Motion Part Summary Judgement as to Number of Works Infringed 5 Link to Doc
05/14/02 Plaintiffs Reply Memorandum in Support of their Motion for Partial Summary Judgement AND Memorandum in Opposition to Cross-Motion for Partial Summary Judgement 11 Link to Doc
05/24/02 Reply Memorandum of Law in Further Support of Defendants Cross-Motion for Partial Summary Judgement as to Number of Works Infringed 12 Link to Doc
07/30/02 Deposition of Jerry Greenberg 124 Link to Doc
08/06/02 Deposition of Idaz Greenberg 68 Link to Doc
08/22/02 Order Setting Trial Date for February 24 2003 in US District Court _ by Andrea Simonton 2 Link to Doc
09/13/02 Plaintiffs Support Memorandum in Support of Motion for Part Summary Judgement and in Opposition to Cross-Motion for Part Summary Judgement 21 Link to Doc
09/20/02 Expert Report of Jane S. Kinne 18 Link to Doc
09/25/02 Plaintiffs Response to Sur-Reply Memorandum by Defendants Directed to Pending Motions for Part Summary Judgement 3 Link to Doc
10/03/02 Plaintiffs Second Set of Interrogatories Directed to Defendants Mindscape Inc 18 Link to Doc
10/16/02 Plaintiffs Response to Defendants Motion to Strike Plaintiffs Demand for Jury Trial _ Motion for Designation of Jury Trial and Incorporated Memorandum of Law 7 Link to Doc
10/24/02 Reply Memorandum of Law in Further Support of Defendants Motion to Strike Plaintiffs Demand for a Jury WITH CERT 5 Link to Doc
11/04/02 National Geographic Societys Response and Objections to Plaintiffs Second Set of Interrogatories 9 Link to Doc
11/20/02 Plaintiffs Response to Defendants First Set of Interrogatories 6 Link to Doc
11/27/02 Plaintiffs Motion for Permanent Injunctive Relief and Accompanying Memorandum of Law 28 Link to Doc
12/01/02 PDN Article - Precious and Few 6 Link to Doc
12/11/02 Defendants Deposition Designations 4 Link to Doc
12/11/02 Defendants Exhibit List 9 Link to Doc
12/11/02 Defendants Witness List 3 Link to Doc
12/11/02 NGS offer to reimburse JG for works infringed in 108 Year CDROM 3 Link to Doc
12/11/02 Plaintiffs Notice of Filing Deposition Designations 19 Link to Doc
12/13/02 Defendants Amended Exhibit List 9 Link to Doc
12/18/02 Correspondence Norman Davis to Jerry Greenberg regard Defendants letters and copy of check 11 Link to Doc
12/20/02 Defendants Memorandum of Law in Opposition to Plaintiffs Motion for Permanent Injunctive Relief WITH EXHIBITS 18 Link to Doc
12/31/02 Plaintiffs Reply Memorandum in Support of Motion for Permanent Injunctive Relief 8 Link to Doc
01/10/03 Plaintiffs Memorandum in Opposition to Defendants Motion in Limine to Exclude Evidence as to Other Infringements Alleged to have been Committed 4 Link to Doc
01/10/03 Plaintiffs Memorandum in Opposition to Defendants Motion in Limine to Exclude Evidence as to Other Law Suits filed against Defendants 3 Link to Doc
01/10/03 Plaintiffs Memorandum in Opposition to Defendants Motion in Limine to Exclude Evidence as to Stock Photographic Agencies 5 Link to Doc
01/10/03 Plaintiffs Memorandum in Opposition to Defendants Motion in Limine to Exclude Evidence as to Willfulness 21 Link to Doc
01/10/03 Plaintiffs Memorandum in Opposition to Defendants Motion in Limine to Exclude Evidence Concerning the Correctness of Legal Opinions Provided to Defendants 8 Link to Doc
01/10/03 Plaintiffs Memorandum in Opposition to Defendants Motion in Limine to Preclude Plaintiffs from Presenting Idaz Greenberg and Michael Greenbergs Testimony at Trial 7 Link to Doc
01/14/03 Joint Motion to Amend Nov 22 2002 Scheduling Order 3 Link to Doc
01/22/03 Plaintiffs Reply Memorandum in Support of Motion in Limine to Exclude Challenges to Eleventh Circuit Decision 5 Link to Doc
01/29/03 NGS 13k settlement offer before appeal w_check 8 Link to Doc
01/31/03 Plaintiffs Notice of Filing Proposed Jury Instructions 18 Link to Doc
02/13/03 Joint Pre_Trial Stipulation Pursuant to Local Rule 16.1(E) 30 Link to Doc
02/18/03 Order on Cr-Motions for Partial Summary Judgement by Andrea Simonton US District Southern Florida 11 Link to Doc
02/26/03 Order Denying Motion in Limine and Granting Limiting Instructions regard Blacked-out Photos 1 Link to Doc
03/06/03 Gem Book Publishers - Answer to David Walker queries 1 Link to Doc
03/06/03 National Geographic - Media Statement 1 Link to Doc
03/21/03 Email to unknown person - Pickerells website article on Miami trial 4 Link to Doc
04/15/03 Newlines - US District Court rules in favor of Jerry Greenberg v. National Geographic 1 Link to Doc
04/16/03 Daily Business Review - article titled Double Exposure 2 Link to Doc
04/17/03 Wired News - Magazine Appeals for CD Archive 3 Link to Doc
05/01/03 PDN - Greenberg wins 400k Jury Verdict 1 Link to Doc
05/01/03 PDN - National Geographic Society _ Lifetime Achievement Award for Abject Knavery 9 Link to Doc
05/05/03 Defendants Motion for New Trial _ Combined Support Memorandum in Support of their Motion for J as A Matter of Law _ Motion for New Trial and Motion for Remittitur 66 Link to Doc
05/19/03 Plaintiffs Memorandum in Opposition to Defendants Motion for J as Matter of Law _ Motion for New Trial and Motion for Remittitur 48 Link to Doc
05/19/03 Plaintiffs Renewed Rule 59(A) Motion for Judgement as a Matter of Law in Plaintiffs Favor on Issue of Willfulness 3 Link to Doc
06/01/03 PDN article - shorts of photograph copyright cases 2 Link to Doc
06/01/03 PDN article - The Trouble with Copycat Claims 2 Link to Doc
06/02/03 Defendants Reply Memorandum in Support of their Combined Memorandum for Motion for J as Matter of Law _ Motion for New Trial and Motion for Remittitur and their Memorandum in Opposition to Plaintiffs Motion for J as Matter of Law on the Issue of Willfulness 45 Link to Doc
06/23/03 Defendants Support Memorandum of Law on the Issue of Appropriate Burden of Proof 18 Link to Doc
07/01/03 PDN article - NGS Fights On 3 Link to Doc
07/07/03 Plaintiffs Memorandum of Law on the Liability of Defendants Mindscape Inc 5 Link to Doc
07/07/03 Plaintiffs Response to Defendants Support Memorandum of Law on the Issue of the Appropriate Burden of Proof 21 Link to Doc
09/30/03 Administrative Order by Andrea Simonton US District Ct Southern District of Florida 4 Link to Doc
12/15/03 Fred Ward email - Judge Kaplans Opinion in Fred Ward Case against National Geographic Society 3 Link to Doc
02/01/04 PDN Article - National Geographic Beats Infringement Rap in New York 1 Link to Doc
02/11/04 Memorandum Opinion by William Quarles US District Judge 16 Link to Doc
02/12/04 Plaintiffs Motion to Strike Defendants Notice of Filing Support Authority _ Motion for Leave to File Memorandum in Response and Accompanying Memorandum of Law 3 Link to Doc
02/20/04 Plaintiffs Memorandum in Opposition to Support Authority Filed by Defendants 3 Link to Doc
09/30/05 Order on Motion for Judgment as a Matter of Law _ Motion for Reduction in Jury Award or in the Alternative for Remittitur 12 Link to Doc
10/11/05 Selling Stock Article - Greenberg Beats NGS Again 2 Link to Doc
10/17/05 Plaintiffs Motion for Entry of Judgment 2 Link to Doc
11/16/05 Final Judgment of Greenberg v Natl Geographic in US District Court Southern District of Florida 6 Link to Doc
11/23/05 Plaintiffs Motion to Amend Final Judgment 6 Link to Doc
12/13/05 Defendants Notice of Appeal 2 Link to Doc
04/14/06 Order Denying Motion to Amend Final Judgment 4 Link to Doc
05/30/06 On Appeal from US District Court for Southern Florida - Brief of Appellants 68 Link to Doc
06/06/06 On Appeal from US District Court for Southern Florida - Brief of the American Library Association et al Amici Curiae in Support of Appellee 24 Link to Doc
06/08/06 On Appeal from US District Court for Southern Florida - Brief of Amicus Curiae for Magazine Publishers of America in Support of Appellants 22 Link to Doc
07/17/06 On Appeal from US District Court for Southern Florida - Brief of Appellee Jerry Greenberg 58 Link to Doc
08/08/06 On Appeal from US District Court for Southern Florida - Reply Brief of Appellants 33 Link to Doc
01/26/07 SeaHawk Products - letter to Little Flowers of Hawaii 2 Link to Doc
06/13/07 Appeal from the US District Court for Southern Florida 19 Link to Doc

Eleventh Circuit En Banc

DATE TITLE PAGES LINK
07/29/07 Appeal from the US District Court for Southern Florida - Petition for Rehearing En Banc by Jerry Greenberg 25 Link to Doc
08/30/07 US Court of Appeals Order Granting Rehearing En Banc 3 Link to Doc
09/19/07 US Court of Appeals - Notice to All Counsel of Record for Upcoming En Banc Hearing 3 Link to Doc
10/18/07 On Appeal from the United States District Court for Sourthern Florida - En Banc Brief of Amici Curiae Jstor et al Supporting the Request of Defendants_Appellants for Reconsideration of the Courts Previous Decision 65 Link to Doc
10/18/07 On Appeal from US District Court for Southern Florida - En Banc Brief of Amici Curiae Magazine Publishers et al in Support of Appellants 51 Link to Doc
10/18/07 On Appeal from US District Court for Southern Florida - En Banc Brief of Appellants 65 Link to Doc
10/18/07 On Appeal from US District Court for Southern Florida - En Banc Brief of Law Libraries et al as Amici Curiae in Support of Appellee 25 Link to Doc
11/03/07 On Appeal from US District Court for Southern Florida - En Banc Reply Brief of Appellants 34 Link to Doc
11/16/07 On Appeal from US District Court for Southern Florida - En Banc Brief of Appellee 37 Link to Doc
06/30/08 Appeal from US District Court for Southern Florida - Dissent of Circuit Judge Barkett 83 Link to Doc

Petition to U.S. Supreme Court

DATE TITLE PAGES LINK
09/15/08 Copyright Law Journal article - case development of Greenberg v NGS 6 Link to Doc
09/29/08 Petition for Writ of Certiorari 164 Link to Doc
11/07/08 US Supreme Court On Petition for Writ of Certiorari to US Court of Appeals for the 11th Circuit - NGS Brief in Opposition to Jerry Greenberg 27 Link to Doc
11/10/08 US Supreme Court _ On Petition for Writ of Certiorari- American Society of Media Photographers Brief of Amici Curiae in Support of Jerry Greenberg 26 Link to Doc
11/19/08 US Supreme Court - On Petition for Writ of Certiorari - Jerry Greenberg Reply Brief 15 Link to Doc
12/10/08 Correspondence in regard to US Supreme Court not granting certiorari 13 Link to Doc

Undated Court Docs OR Drafts

DATE TITLE PAGES LINK
  Affidavit by Norman Davis in Support of Plaintiffs Request Pursuant to Rule 56(f) 3 Link to Doc
  Affidavit of John David 2 Link to Doc
  On Appeal from US District Ct _ Record Excerpts Cited in Appellees Brief in Opposition to Initial Brief of Jerry and Idaz Greenberg _ 9 records total 141 Link to Doc
  On Petition for Writ of Certiorari to the US Court of Appeals for the 11th Circuit - Brief in Opposition 29 Link to Doc
  Witness List by Norman Davis 1 Link to Doc
  Witness List by Norman Davis 1 Link to Doc
  Plaintiffs Document request page 4 1 Link to Doc
  Plaintiffs First Set of Interrogatories to Defendants NGS 9 Link to Doc
  Plaintiffs Memorandum in Response to Defendants motion to dismiss or for Summary Judgement 18 Link to Doc
  Plaintiffs Motion for Summary Judgement on Liability as to Count 3 of Amended Complaint and supporting Memorandum of law 2 Link to Doc
  (legal draft) Reply to Defendants Motion to Dismiss 10 Link to Doc
  (legal draft) Reply to Defendants Motion to Dismiss 26 Link to Doc

Miscellaneous Undated Docs

DATE TITLE PAGES LINK
  30 Memorable Years on CDROM Free with Hooked on Phonics 23 Link to Doc
  65 Greenberg Photographs published in National Geographic 108 years on CD 15 Link to Doc
  A Decade of NG Magazine on CDROM 10 Link to Doc
  AOL promoting NGS CDROM 6 Link to Doc
  Appendix for ... 46 Link to Doc
  Articles relating to Tasini v. NYTimes 23 Link to Doc
  Articles relating to Tasini v. NYTimes (1) 61 Link to Doc
  ASJA notes 59 Link to Doc
  Attorney Correspondence - Greenberg_NGS 31 Link to Doc
  Attorney Correspondence - Greenberg_NGS (1) 79 Link to Doc
  Attorney Correspondence - Greenberg_NGS (2) 21 Link to Doc
  Attorney Correspondence - Greenberg_NGS (3) 27 Link to Doc
  Attorney Correspondence - Greenberg_NGS (4) 72 Link to Doc
  Attorney Correspondence - Greenberg_NGS (5) 3 Link to Doc
  Attorney Correspondence - Greenberg_NGS (6) 30 Link to Doc
  Charles Sims - Understanding Tasini _ the litigation and its impact on new media licensing 9 Link to Doc
  CNG questionable images compilation index _ 22 of 34 3 Link to Doc
  Color Copy Adjustment _ Scan Company Mistakes 21 Link to Doc
  Complete NG 110 Year on CDROM for Mac 6 Link to Doc
  Congressional Intent as to the Presumptive Section 201 (c) Privileges 15 Link to Doc
  Copyright Certifications by Greenberg 25 Link to Doc
  Copyright Certifications by Greenberg (1) 12 Link to Doc
  Copyright Law of the US - sections 201_202 3 Link to Doc
  Delivery Notes of Photos and Reproduction Invoices 7 Link to Doc
  Early attorney notes for Greenberg 2 Link to Doc
  Early attorney notes for Greenberg (1) 2 Link to Doc
  Early attorney notes for Greenberg (2) 3 Link to Doc
  Early attorney notes for Greenberg (3) 1 Link to Doc
  Email Correspondence 8 Link to Doc
  Firms that filed Amici Curiae in Support of NGS and Against Jerry Greenberg 1 Link to Doc
  GeoSafari Game 2 Link to Doc
  Goldstein Fair Use Treatise in regard NGS CDROM(2) 15 Link to Doc
  Important Correspondence 1956-1962 124 Link to Doc
  Important Correspondence 1962-1964 111 Link to Doc
  Important Correspondence 1964-1966 113 Link to Doc
  Important Correspondence with NGS - 1964-1966 63 Link to Doc
  Important Correspondence with NGS - 1964-1966 (1) 67 Link to Doc
  Important Correspondence with NGS 1956-1996(1) 109 Link to Doc
  Important Correspondence with NGS 1956-1996(2) 107 Link to Doc
  Important Correspondence with NGS 1956-1996(3) 151 Link to Doc
  Important Correspondence with NGS 1956-1996(4) 160 Link to Doc
  Important Correspondence with NGS 1956-1996(5) 105 Link to Doc
  Important Correspondence with NGS 1956-1996(6) 221 Link to Doc
  In regard Copyright infringement - Minden Pictures v. NGS 46 Link to Doc
  In regard Fair Use - Designers View v Publix Super Markets 8 Link to Doc
  James Pickerell - Every non-staffer ever published in NG Magazine 8 Link to Doc
  James Pickerell Memorandum - Potential Claims Against National Geographic 3 Link to Doc
  Jerry Greenberg Attorney Invoice - 01.10.96_09.30.97 46 Link to Doc
  Jerry Greenberg Personal Notes 4 Link to Doc
  Jerry Greenberg Personal Notes (1) 67 Link to Doc
  Jerry Greenberg Personal Notes (2) 6 Link to Doc
  Jerry Greenberg v Mendez Consent Judgment and Permanent Injunction by Settlement Order by Gonzalez 1 Link to Doc
  Manfish with a Camera - Jerry Greenberg Up Close and Candid 7 Link to Doc
  Manfish with a Camera by Jerry Greenberg 36 Link to Doc
  Measure of Damages and Profits without which Copyright Owner is Entitled under 17 USCS sec. 504b 161 Link to Doc
  Memorandum in regard to obtaining images on NG CDROM 2 Link to Doc
  Mindscape - PC format NG Interactive CDROM 8 Link to Doc
  Mindscape - PC format NG Interactive CDROM (2) 12 Link to Doc
  Murmers of Earth book 18 Link to Doc
  Newspaper articles - fair use 6 Link to Doc
  Newspaper articles(1) 19 Link to Doc
  Newspaper articles(2) 113 Link to Doc
  Newspaper articles(3) 102 Link to Doc
  Newspaper articles(4) 110 Link to Doc
  Newspaper articles(5) 124 Link to Doc
  Newspaper articles(6) 107 Link to Doc
  Newspaper articles(7) 121 Link to Doc
  Newspaper articles(8) 130 Link to Doc
  NG - Ultimate 7 volume DVD set 4 Link to Doc
  NG DVD sets 12 Link to Doc
  NGS - CDROM requirements 1 Link to Doc
  NGS - CDROM requirements (1) 24 Link to Doc
  NGS CDROM 1990-1993 1 Link to Doc
  NGS CDROM images 55 Link to Doc
  NGS CDROM with copyright infringing stickers 28 Link to Doc
  NGS Index of Publications 1995 34 Link to Doc
  NGS magazine clippings 68 Link to Doc
  NGS Tax Returns 1998_2001 12 Link to Doc
  NGS unknown volume - Wolves of the Sea COLOR 12 Link to Doc
  Notes regard 108 years on CDROM 22 Link to Doc
  Notes regard 108 years on CDROM (1) 5 Link to Doc
  Notes regard NG copyright pictures 3 Link to Doc
  Notes regard NG copyright pictures (1) 17 Link to Doc
  Notes regard NG copyright pictures (2) 7 Link to Doc
  Nummer on Copyright - Infringement_Substance 20 Link to Doc
  NYTimes clips of article Seeing Green in a Yellow Border 27 Link to Doc
  Photos of NGS Interactive CD_ROM 43 Link to Doc
  Photos of NGS Interactive CD_ROM (1) 17 Link to Doc
  Quotes from NHS communications _ Uniqueness and value of photos 1 Link to Doc
  SeaHawk Correspondence 5 Link to Doc
  Total Clearance - Letter from Jill Alofs regard images on CDROM 1 Link to Doc
  Trees in the Sea by Jerry_Idaz_Michael Greenberg 5 Link to Doc
  Triumph of Jerry of the Jungle (comic) 2 Link to Doc
  Unknown document by Sugarman - page 21 before 2.23.98 1 Link to Doc
  Unknown magazine - The Year in Review _ How Much for that Copyright 8 Link to Doc
  Unknown magazine pages 2 Link to Doc
  Unknown newspaper - Quest for Profits Is Shaking a Quiet Realm 5 Link to Doc
  Unknown publisher - Publishers win over freelancers 3 Link to Doc
  Unknown publisher - The Assault on Copyright 1 Link to Doc
  Unknown source - description of case with personal statements 2 Link to Doc
  Various BW scans of photos with Jerry Greenberg Copyright 4 Link to Doc
  Various Color_BW Scans(1) 160 Link to Doc
  Various Color_BW Scans(2) 103 Link to Doc
  Various Color_BW Scans(3) 22 Link to Doc
  Washington Post - National Geographic Chief Quits 2 Link to Doc


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