GREENBERG v. NATIONAL GEOGRAPHIC SOC.

No. 05-16964.

488 F.3d 1331 (2007)

Jerry GREENBERG, individually, Plaintiff-Appellee, v. NATIONAL GEOGRAPHIC SOCIETY, a District of Columbia corporation, National Geographic Enterprises, Inc., a corporation, Mindscape, Inc., a California corporation, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 13, 2007.


Attorney(s) appearing for the Case

Kenneth Winston Starr, Christopher Landau, Erin E. Morrow, Kirkland & Ellis, LLP, Washington, DC, Stephen N. Zack, Jennifer G. Altman, Boies, Schiller & Flexner, LLP, Miami, FL, Robert G. Sugarman, Weil, Gotshal & Manges, LLP, New York City, for Defendants-Appellants.

Norman Davis, Squire, Sanders, & Dempsey, LLP, Miami, FL, for Greenberg.

Slade R. Metcalf, Hogan & Hartson, LLP, New York City, Arnold P. Lutzker, Lutzker & Lutzker, LLP, Washington, DC, for Amici Curiae.

Before BARKETT and KRAVITCH, Circuit Judges, and TRAGER, District Judge.


TRAGER, District Judge:

This case presents the question of whether § 201(c) of the Copyright Act1 accords a magazine publisher a privilege to produce a digital compilation that contains exact images of its past magazine issues. This case comes before this Court for a second time and requires a determination whether an intervening Supreme Court case, New York Times Co. v. Tasini, 533 U.S. 483...

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