In an en banc decision, the Eleventh Circuit issued a ruling in the case of Greenberg v. National Geographic Society, holding that National Geographic was privileged, under the Copyright Act, to reproduce its print magazine issues on a digital CD-ROM format, without compensating a freelance photographer who had contributed items to the print magazine issues. The Court, relying heavily on a United States Supreme Court named New York Times v. Tasini, 533 U.S. 483 (2001), reasoned that the addition of a montage to the CD-ROM did not make it "new" under copyright law, sufficient to require National Geographic to compensate the freelance photographer for publication of the photographs in the CD-ROM format. Instead, the Court held that the changes contained in the CD-ROM constituted a revision to a collective work, which fell squarely within a privilege contained in the Copyright Act. The complete decision is available HERE.
ELEVENTH CIRCUIT ISSUES EN BANC DECISION IN COPYRIGHT CASEWritten by Oliver Ruiz
Oliver A. Ruiz is a partner with the firm, and represents clients and insurers in intellectual property disputes and litigation matters, as well as, in transactional matters, such as applications for trademark and copyright registrations. He has been rated as AV Preeminent by Martindale-Hubbell. Mr. Ruiz is admitted to practice law in Florida and North Carolina state courts, as well as, in the United States District Court for the Southern District of Florida, the United States District Court for the Middle District of Florida, and the United States Court of Appeals for the Eleventh Circuit. He also represents clients in U.S. Trademark Trial and Appeal Board proceedings.
He is a Past President of the Federal Bar Association's South Florida Chapter; and is active with other voluntary bar associations, such as the Dade County Bar Association and the Cuban-American Bar Association. Mr. Ruiz is also active with civic and service organizations, including the Rotary Club of Miami, where he proudly served as the Club's 100th President during its centennial year. Oliver earned a bachelor’s degree from Florida State University, and a law degree from St. Thomas University School of Law, where he was as a board member for the Moot Court Board, and President of the Student Bar Association. He is a native of Miami, and is fluent in Spanish.
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