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Faulkner v. National Geographic Society

United States District Court for the Southern District of New York

294 F. Supp. 2d 523 (2003)

Facts

Various photographers and writers (collectively, the contributors) (plaintiffs) created images and text that appeared in print issues of National Geographic Magazine, at which time the National Geographic Society (NGS) (defendant) had the right to publish the contributors’ works. In the late 1990s, the NGS produced a CD-ROM collection containing every issue of the magazine up to that point. The contributors filed a copyright-infringement claim in the United States District Court for the Southern District of New York. The contributors alleged that the CD-ROM was an entirely different work from the original print magazines. Both sides moved for partial summary judgment with respect to the copyright-infringement issue.

Rule of Law

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Issue

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Holding and Reasoning (Kaplan, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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