..... ">- ,..... ~ '. :}12~J2'~QI Ir" ' - , , - Court rules against magazine BYCATHERINE WILSON mon sense analysis brought it Associated Press The suit against National Geographic to the conclusion that the CD collection is "a new product ... A federal appeals court has raises questions about republication in a new medium for a new ruled that the National Geo­ market that far transcends any graphic Societymade unautho­ rights using new technology. privilege" ofrevision or.repro­ rized use of pictures copy­ duction by publishers. righted by a photographer from author who owns the copyright to tailor new contracts to care­ Davis. described Greenberg . South Miami in a CD-ROM ver­ in his work." . fully address republication as ecstatic and elated with the sion of back issues of its flag­ Terrence Adamson, the rights, put "looking backward is legal victory. ship magazine. National GeographicSociety's the problem." "He lives in very modest cir­ i' • The precedent-setting ded­ executive vice president, said Greenberg's four photo cumstances, and he and his i sion Thursday by the 11th U.S. he was "surprised and disap­ assignments with the magazine . wife have a small publishing District Court of Appeals in pointed" by the'court's action. .date back to 1962, and the col­ business," Davis said. "They Atlanta pitted authors against "This is an important decision Iecnon or so CD-ROMs called took this on their own as a mat­ the magazine, which had the that has a lot ofimplicationsfor The Complete National Geo­ ter of principle and took on a support of Time Warner, The a lot ofthings quite apart from graphic includes every issue of very, very large enterprise with New York Times and the Mag­ National Geographic." the magazine from 1888 to 1996 very substantial resources." azine Publishers of America. In the Supreme Court case, in digital format. The appeals court ordered The lawsuit brought by free­ justices will review a decision A 2S-second opening U.S. District Judge Joan Lenard lance photographer JeFY involving The New York Times sequence in the series features inMiarni to enter a judgment in Greenberg of South Miami that requires publishers to get 10 magazine covers that blend favor of Greenberg and assess I raises questions that are permission from freelance from one to the next. One damages and attorney's fees. i-debated in the industry about writers before putting their image is a Greenberg picture of The panelsuggested Green­ : republication rights using new work in electronic databases, a divertaken in 1961. berg be awarded "mandatory technology. It also parallels a Most large publishers have "The society contended all license fees" instead of"fore­ copyright infringement case to made the purchase of elec­ along that the only thing it had dosing the public's computer­ be argued next week before the tronic rights, including use on done is just reprint'a bunch of aided access to this educational U.S. Supreme Court. the Internet, a standard part of old magazines," said Davis. "If and entertaining work." The appellate ruling "estab­ contracts with.' ireelancers. that's.all they would have done, Adamson said the Society is , lishes brand new law that had Typically, they do not provide they would have prevailed. The . considering appeal options, , not existed before," Norman extra compensation for the 11th Circuit said it was much including asking the Ilth Circuit Davis, Greenberg's' attorney, electronic rights. more than that." to reconsider the case and said Friday. "It'll apply to any Davis expects media owners The court iound that a com- going to the Supreme Court. t FROl1 11ARK F'AYDEi'I-CYRK-RI PHONE NO, 1401738779'3 ~1ar, 10 1999 10: 12AI'I P2 Court Upholds $1 Million Infringement Award Even if it's delayed, justice is really didn't want to deal with a courts are more familiar with stili sweet. That's what Mark copyright Infringement case, At them. The courts are realizing Payden. a former custom screen one point, the judge stated In that, when produots are counter­ printer/embroiderer, learned after court that this case was the bane feited, it costs jobs," nearly a decade of pursuing a of his existence:' Payden, now working In sales copyright infringement case. When he discovered In April for Cyrk, Gloucester, Mass., was Payden, the former owner of 1995 that Wings was still selling adamant about pursuing justice Rhode island-based Two's Com­ the design, Payden flied suit alleg­ in this case because the sailboat pany,embarked on a legal odyssey ing contempt of court and design was-and stili is-so suc­ in the spring of :1990 when, follow­ resolved to pursue It to the end. cessful. "When I sold the busi­ ing an investigation end subse­ In October of that year, a federal ness, we had more than 600 quent raid. of several stores in Key designs in our repertoire, Very. West, Fie., he dtscovered hls copy­ seldom do you get one that's· so righted sailboat transfer design hot. There was a time when I was was being counterfeited. This past seiling 100,000 transfers a year September, after Payden initially in Key West alone." settled with the defendants, then The design Itself is simple, M went after one of them for con­ says. "It's a brush-stroke deslgn, tempt of court, the :1:1th Circuit seven lines representing a sail­ Court of Appeals upheld a district boat. The staying power ot thls court's 1997 decision awarding design is unbelievable, Most Payden$936,000 for damages, designs last one or two tourist plus attorneys' fees. seasons and that's it." But the The defendant, L&L Wings, fiied sailbcat destgn remains popular for a rehearing in the 11th Circuit after 13 years on the market. In October, but if denied the next Payden says the .decislon.may· step would be the U.S. Supreme give bootleggers reason to think Court-and, eince this is not a Mark Payden says 1I1e sailboat aeslgn was 'a lee­ twice about copyrlgrt .infrihge- . constitutional matter, that is high­ Gon Increatlvlty."He asked his art~t t(l Pf.at;.tlce hisbnQh strokei.thenamd him to design 3' ment. He also hopes it will ly unlikely. In the meantime, the aiinboBt using hl$.scvcn bIl'st ~tfOkea. "This I, What we cameup with," Paydt'h &ilyS, encourage small decorators judgment accumulates roughly whose work is' bein'g ~'9ounterfeit­ $5,200 In Interest monthly. jUdge ruled in Payden'8 favor, but ed, "We wanted to' meke .the "They never took me SGor'iously.... the hearing on sanctions didn't statement. 'You r'Qay be next Psyden says. of his courtroom occur until more than a year later. because we'lI'go' ~:fter you...· adversaries. 'IThey,thought I was following an unsuccessful appeal Paydensays."lf It's ,aJ~ig enough going to go away, but I didn't." by Wings. i infringement. it's jN9 ,·th gOing Payden, Who sold his business Stili, the legal atmosphere In after. Maybe counterfeltera will be a couple Of years ago. says he the mld-1990s was more recep­ a Ilttlemore ceutrcus, with ,::the regrets agreeing to an out-of-court tive to this kind of litigation, possibility or a,hyg~, d~mage settlement in the original easel Payden found. "There are more of award. A $1 .tnfttlon 'judgment bvt felt pressured by all sides to these cases in Our industry and could put someco,l1lp"rlies out of do So. "Back in '90, the .courts other industries now, and the business." 20 DECEMr;rE:R 19~U FROl1 : ~IARK PAYDEN-CYRI<-RI PHONE NO. 14017387799 l-lar-. 101999 10: 12AI'j P2 N(9RIJ.AN I\lORMAIJ DA\}\ S DAVIS Court Upholds $1 Million Infringement Award Even if it's delayed, justice is really didn't want to deal with a courts are more familiar with stili sweeLThat's what Mark copyright infringement case. At them, The courts are realizing Payden, a former custom screen one point, the judge stated in that, when products are counter­ printer/embroiderer, learned after court that this case was the bane feited, it costs jobs." nearly a decade of pursuing a of his existence." Payden, now working in sales copyright infringement case. When he discovered in April for Cyrk, Gloucester, Mess., was Payden, the former owner of 1995 that Wings was still selling adamant about pursuing justice Rhode leland-based Twc's com­ the design, Peyden filed suit elleg· in this case because the sailboat pany,embarked on a legal odyssey ing contempt of court and design was-and still is-so euc­ in the spring of 1990 Wilen, follow' resolved to pursue it to the end, cessrui. "When I sold the busl­ ing an investigation and subse­ In October of that year, a federal ness, we had more than 600 quent reld.of several stores in Key designs in our repertoire. Vely. West, Fla., he discovered his copy­ seldom do you get one that's -so righted sailboat transfer design hot. There was a time when i was was being counterfeited. This past selling 100,000 transfers a year September. after Payden initially In KeyWest alone." settled With tile defendants, then The design itself is simple, he went after one of them for con­ says. "It's a brush-stroke design, tempt of court, the 11th Circuit seven lines representing a san­ Court of Appeals upheld a district boat. Tile staying power of this court's 1997 decision awarding design is unbelievable. Most Payden $936,000 for damages, designs last one or two tourist plus attomeys' fees. .~\' seasons and that's it." But the ....