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AUSCAPE INTERN. v. NATIONAL GEOGRAPHIC SOC.

No. 02 Civ. 6441(LAK).

461 F.Supp.2d 174 (2006)

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

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

November 7, 2006.

Attorney(s) appearing for the Case

Surjit P. Soni, The Soni Law Firm, Pasadena, CA, for Plaintiffs.

Robert G. Sugarman, Pierre M. Davis, Denise Alvarez, Weil, Gotshal & Manges LLP, New York City, 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, Washington, DC, for Defendants National Geographic Society, National Geographic Holdings, and National Geographic Enterprises, Inc.

Juli Wilson Marshall, Chicago, IL, Daniel Scott Schecter, Elizabeth Heering Hickey, Los Angeles, CA, Latham & Watkins LLP, for Defendants ProQuest Company and ProQuest Information and Learning Company.

OPINION

KAPLAN, District Judge.

Freelance photographers and writers who created images or wrote text that appeared in the National Geographic Magazine (the "Magazine")bring this action against the National Geographic Society ("NGS") and a number of its licensees, including ProQuest Information and Learning Company and ProQuest Company (collectively, the "ProQuest Defendants"). Plaintiffs claim that reproduction

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