AUSCAPE INTERN. v. NATIONAL GEOGRAPHIC SOC.

No. 02 Civ.6441 LAK.

409 F.Supp.2d 235 (2004)

AUSCAPE INTERNATIONAL, et al., Plaintiffs, v. NATIONAL GEOGRAPHIC SOCIETY, et al., Defendants.

United States District Court, S.D. New York.

August 12, 2004.


Attorney(s) appearing for the Case

Surjit P. Soni, the Soni Law Firm, for Plaintiffs.

Robert G. Sugarman, Pierre M. Davis, Denise Alvarez, Weil, Gotshal & Manges LLP, for Defendants National Geographic Society, National Geographic Holdings, Inc., National Geographic Ventures, National Geographic Interactive, National Geographic Enterprises, Inc., Image Collection and Image Sales, and Mindscape, Inc.

Terrence B. Adamson, National Geographic Society, for Defendants National Geographic Society, National Geographic Holdings, and National Geographic Enterprises, Inc.

Juli Wilson Marshall, Daniel Scott Schecter, Elizabeth Heering Hickey, Latham & Watkins LLP, for Defendants Pro-Quest Company and ProQuest Information and Learning Company.


MEMORANDUM OPINION

KAPLAN, District Judge.

In Faulkner v. National Geographic Society,1 this Court held that a CD-ROM archive of digitized images of National Geographic Magazine (the "Magazine"), known as The Complete National Geographic ("CNG"), was a "revision" of the print publication within the meaning of Section 201(c) of the Copyright Act of 1976...

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