.> PAGE \ ([GS <mRS fO"'->!?AJCF RioM NGS . JU)J"E. 15> /q"O: ASSI6!JM8)Jr UJEG- To :rG-- ON PENNG/iZ4MP P4RK STORY. II ALL PIC-TUR£5 . USGb IN A- FEW fOR· F/LF S/;l.£CTS II I W(!)UU!) THE f*'oPGRTV OF N6--MA6. ' ;),1'(01: P£NAJE/<AM.P PARK scev. ()Jl;c;. TO ;:TO:- ON . W!MT -n-JEYAAs- /(Sl:P/N6-. II WE ARE RErufWIN6- ALL GREENB£'RG-KSY LARu-o PICT7J{>£S s nLL. IN cUR Pt:ssE:SS/(J/J cXCfPT S4- SELECrS - . - ... PULLf\0 FWOM YouR SHrortAtJ- ,f.JJD PUBLISHED P/CTU!Q8S. Tf-H; II PUBLJSHGD FILE p/crt..mGs rAJH-!Cl-J you RSQU8STb-'"'O BE; RETUJQJJGO ME f3EfNG- DuPL/c4TE'O AND WE WILL SEIlTD T'!+t <D/RI6.WA£.& W/S Wa:K .. IJ - Rr;' NfW-Gf;oG-RAPJ+/c FISH eook. JG- 7() • II ART TE;RRY. II ONE-TIM£" RUGFlS ••• Rt: NM (Jl;o(fRAPfj-/c FIsH AT To JG:. ItoLOttJG- CGRt4IN ::fG RIE Q.}-f\t)M!2S rNCL1JD/;V6- RA- /8 (gULL swtRK) RE: ASSI6NM8JJr FeR V(!)$S coRAL RllF RG)l;f)RcH StORy. RoWr PA-TlOl0 TO - , , •
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PAGE \
([GS-D'M/b~ <mRS fO"'->!?AJCF RioM NGS RiUJ~.JU)J"E. 15> /q"O: ~/6.{NA{ ASSI6!JM8)Jr UJEG- To :rG-- ON
PENNG/iZ4MP P4RK STORY. IIALL PIC-TUR£5 .USGb
IN Tf+i;"S~ PLLI~ A- FEW fOR· F/LF S/;l.£CTSII I
W(!)UU!) B~F" THE f*'oPGRTV OF N6--MA6. '
J~ ;),1'(01: f<s~ P£NAJE/<AM.P PARK scev. ()Jl;c;. TO ;:TO:- ON. W!MT -n-JEYAAs- /(Sl:P/N6-. II T~[)AY WE ARE
RErufWIN6- ALL GREENB£'RG-KSY LARu-o PICT7J{>£Ss nLL. IN cUR Pt:ssE:SS/(J/J cXCfPT S4- SELECrS- . -
... PULLf\0 FWOM YouR ASSI6.,NM~»r SHrortAtJ- ,f.JJD~3 PUBLISHED P/CTU!Q8S. Tf-H; II PUBLJSHGDFILE p/crt..mGs rAJH-!Cl-J you RSQU8STb-'"'O BE;RETUJQJJGO ME f3EfNG- DuPL/c4TE'O AND WE
WILL SEIlTD T'!+t <D/RI6.WA£.& W/S Wa:K .. IJ
-Rr;' NfW-Gf;oG-RAPJ+/c FISH eook. JG- 7()
• IIART TE;RRY. II ONE-TIM£" Rff1<~/jl,fC77oN RUGFlS•••
Rt: NM (Jl;o(fRAPfj-/c FIsH ~ook. AT To JG:.ItoLOttJG- CGRt4IN ::fG RIE Q.}-f\t)M!2S rNCL1JD/;V6RA- /8 (gULL swtRK)
RE: ASSI6NM8JJr FeR V(!)$S coRAL RllF RG)l;f)RcHStORy. RoWr PA-TlOl0 TO ~G-.-
UI¥A-T!oJJ-ANDJ (j.),A~ II Thl: 7R/)JJgP~Wl-tld+-CJ.E /+RF R'Efl;DOacINr>:- WILl- ~~~RNG'o As S QJN AS -r1JB1 AK£R[;C£;JVbb__t:=R0)/\~ENrPR!+Ubr2 ~/ ;UCC'LI£AJ "-6 es:
THE'Y DID Nor U55A-'bt~'1 oN ttus I/.IJISTRIl-T!OIJBUT UTlt.lt£O rHF; ([)I?/{ijIJ/JL ((){o~ ''sEPs''~~ /Jfp)'Ii i/JI;Wf;j,){;r) gDoK 0 (!)Rlr!!O/J.JL eJ)RlJ;W; IS
$..M ~a- FIlE. Th& 1.I;r[~ r<£:I)tJs... "t AM ..pW,Llsro To (Nfa31,1 YOlA TY4r Tf.}l; P/iOUtmtJAJDw/sIOfi) NAs S9..ECI8J ONE (!jp.. yDUR, TR4N9fJJKtr.of:i:jFbR MS/.leCJ-Wi\) tlJ TtE~SftaALM9U8~<g,#IP P~MOrlOIJ 'TeSTp~ '(IjEp~IS tDl?JS11f/l::"O,4s R>llow>~ -;J'G-9i-~ .. - C11JliJi?~LD
RE~ PA-rro,4,) TO J"G- til AM RlE11lRNIN6-- Au. oF-TIle FLooR IDA REEf: TRANsfJA-RPAX?lc,s Y04
seNr IIJ fbIe. fbss (BlE USe IN THENEW SlbRYALONG- WlTH yoU/?. PRIPrS. 1)AR1dJu..s Fl/J!JKtm:s;FL'ItRg Ere. I MMJE A SffOP DUPllr/fTEs of,33 ~ES fY\'0M yOUR C0l1..EcrltJjI! AN]) T.e4m~~YfJtlR, TO me#L ~GlllWWG.. q~OiT?AAISP~~
w!tRR./WfBJ IN T/)/)/AJO- A!tJy S rws WI1H-Rl1'itJtIl1C> 7H!: v!JR/tXI~' PtlBIJC!).w~. "
Rt=':SPAAI~H LAN~ l::'YJ11ZOtJ .[1tiu,4)J/MAl.S'1+\ DE '. (I"
Enclosed isa copy of page 35 of the Society's publication HoW AnimalsHide where your ppotograph appears; also' attached is the credits page.Because this bo6k was published quite a long. time ago--1973, I could notlocate the record of the original p~yrne~t i~ the fil~s. With yourpermission, we will make payment at .25 per-centi.rof the' 'page rate, for' thatsize photograph. In other words, we wHl pay'25' percent of $75, or .$18.75.Payment will be made within 30 days of publication of the Spanish edition ofthis book, which we expect will be befor-e the end-ofv the .yaar.
I.~ : " :' _ _ _~ _ :l
I apologize for being unable 'to 'find the' applicable information.
Page 35 (t, r }, ID No. JG- 36
The National Geographic ,Society is pleased to inform you that ChinShow Cultural Enterprise will be publishing a Chinese edition of HowAnimals Hide.in 1989. Your photograph listed below will appear in thisedition:
If you know of anrr'easOl{"':why··'this.,.photograph cannot appear in theprospective Chinese edition, please notify me within 20 days of thereceipt of this letter. If we do not hear from you within theindicated period,.w~ wl1l proceed with our understanding that thephotograph is avjid LabIe for this edition.
Payment for photographic rights to this illustration will be madeto you within 30 days of publication at the rate of 257. of the originalpage rate of this publication.
P~3B
CoJJTI tV UED.
Rt;: R8)5[;" of 0G- CfJmM~ (IV Cf}IN8$e-~
EO'TION OF TReASURJ;;S r)j THES£A, TH-G5E~tM4;S"WERe Rc:rAINbYJ IN "l'11£ PB\'J1A£;NAJJ'r crilJ:;CT IE•
e>ffiErA-MINIMUM ~/r, -!: . The National Geographic' Society is pleased to. inform you that Chin
S~ow Cultural ~nterprise will be publishing a Chinese edition ofTreasures In The Sea in 1989. Your photographs listed below will~ppear in this edition:
. ,_d
'Payment for photographic rights to these illustrations will bemade to you within 30 days of publication at the rate of 25% of theoriginal page rate of this publication. '
IfYQU know. -of ,an¥.._ 'reason why ..these photographs' cannot appear inth.€..prospe~tiv·ee:C~i~ese edit,iol1,::pleas:e :notify. me within 20 days of ther~c~ipt of t.hd s letter. ':: If We do not ~l?at from you within thei I1d i ca t e d period, ,we will pr.oceed with-'our understanding that thephotographs are available for this edition. ' ' ..'
The National Geographic Society hereby assigns to you all right,title,:and interest, .i.ncLud i nq copyright, in the following photogr&phs that were selected fo.r the Society's p,errnanent collection:-". - .
',:- u. S . Nat i.oria'I Parks'~ Virgin Islands'File No: JG-964
...... j)ate: October 1965,
... .'
U~S. National ParksFileNo. JG-976Date: Oct6b'er, 1965
U~'S.' N'ationa'iParj<:s Virgin IslandsFile No ....,'JG-9·g'4 ',- "~, l;"'"
Date: October 1985
U.S. National Parks ~ Virgin IslandsFile No.' JG-975Date: October 1965
'Publishedi" 'Treasui:es in the' Sea ': 'p. ,13
Virgin Islands'," , , n ,
®JutY10, 198Cj
PAfiE 39CC5!JT1 NufO
\
REg RETlIRN TO JG- of 4--/965 UIRtUtJISLAND cHROMr:s"T/.VrT ()JfRe R61AlN/XJ ~ r<J1((fx)R P£1(MJWE?JJr COl1.B::f"/oll) TO oFF5ff ,4
'RE: P/1efb CbPIES (!)F /V}lXt,l.!rS OF 5 aF /HELf 'fJ.fi{l/RJ..f£D C/M!JMEiS FRtU1 P£f!}.).AIJP.}JTC1!>Llf;C[7olJ.. ::rG. J..JJrG": CI1B:I< (!>~T tNF4€UIJ-71OA)TM-T IS otv TbIi=ONE SIDcGF E?/KI+(}flaw;-
. J saRY N/()C/!JT.'1},(PORrJWr/NFelf:MJJ-T70Aj!'lPJ,NSPE6€ ~ (JL'i IO'TII-
JUN~/q8CJ
5) All photographs taken by you under th;s Agreement w;ll beconsidered as specially commi.as Icned for usc by NGS and upon creat i on alldghts, including the copyright and world -pubHcatLon right.s , to thesephotograph. wH1 automatically, by virtue of tlds Agreement, be deemedtransferred exc1us;vely and indef;nitely to NGS. subject to the followingprovisions:
, (a) all photograph. will be returned to you along w;th all rightsto s aLd photographs under the f oLkowdng conditions: (i) none may bemad. .avsI Labl e to anyone for publication until s Lxt y days aftar NGShas pub1ished.its sc1ections; (ii) it is under.tood that anyneceaeary ri8"ht~ clearance or release for l1on-NGS publication Ls your
• independent responsibility; and (iii) NGS may make and r e t cdn cop Lasof .ome o£ the.photograph. ("reference·se1ect.") for ,ofo,-encepu,posos only in' its .~llu.trotion" Library;
,... :' ,,'. -"-,,
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Liii"li'n
!!'Dear Mr. ~g:~ ,
Under license to the National Geographic Society, ChinShow Cultur'al Enterprise, has published a Chinese language editionof BOOKS .FOR YOUNG EXPLORERS: HOW ANIMALS HIDE, and by EditorialNorma in the Spanish language. Enclosed is the Society's checkfor payment of foreign language reproduction rights for the useof your photographs in these editions.
1tHSp~ "'AM:J ~sVlA-ANAS$I6N}IIefJr !=RtJYtt\ NG£ '"[t) (nE IN /~ £8/ letS'S BY SCi f:ANJE Du()!?F ..
Payment of reproduction rights for all photographsoriginally appearing in the Society's editibn ofBOOKS FOR YOUNG EXPLORERS: HOW ANIMALS HIDE usedin the Chinese and Spanish language editions ofthat publication, published urider license to theSociety by the Chin Show Cultural Enterprise inTaiwan, and by Editorial Norma in Cali, Colombia,South America. '
(Chinese) - page .3S.Alppel~·r'ight..~, ilJG-36 $25.00 for reuse in this edition
(Spanish) - page.35 upper right - IJG-36$25.00·~or reuse in this edition
.',...·,1
TOTAL REUSE PAYMENT IN ABOVE EDITIONS = $50.00
'WI.£{William R. Gray
0PrUE I~...r
'M~ cm.~~MJ&'NCE:F ,-
II",
~t.tL'f ').(, {~B9 . R.e~ PHeirbORA/JHS"f4I@N By P~UflA()J.}g((S ,4.S'51sr~ ("
~ICiWAL pa&lS/1bY:J p~awwflS WILL Bf:Ri5f:fttNOO (~WE SOCIETTS ILLLtsT{(,lfr1o)JS LIBRARY.
': ntt= CJAJPU13l..lSHeJ P~CiR4PH-S WILL fSG" RGfA/tvi;¥)
RE g I3ELA1EO PA-'1MWr R:i!- ::rs.. F//.l;' SEl1::""CfCI1~ +t-.J6. -q:tS 11J4=r WM f.1')/;'{) ON P,46e-"\3 (tV eN64Sl}-!fMrJqA8e GOmo).) ~uf?£jUJ $ SQA, AlSo PA-Yi/l)).Jr ~1=- Q-:JG- Rirse.~s (#J"c,..-q ¥-S #tJ"G. ..q.Cl I) CISA:> (tVatltJr;>F l.AN6U¥£ I:?IJlpO.V (!)p-~~e (N%"~
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IIHi!i!Ii1;I' Payment for one-time non-exclusive U. S. 'English language! reproduction rights for page 13 photograph in TREASURES IN, THt SEA. (This payment Has not i3sucd at the time of publication.:
(full page; i.d. 'JG-975) .Payment of reproduction rights for all photographs originallyappearing in the Society publication of TREASURES IN THE SEAused in the Chinese edition, produced under license to theSociety by Chin Show, Taiwan. (p . 13 - Lc d . IIJG-975; p. 30-31 Ld. IIJG-791).
eou~TlO)JALJtAm{A"'}~TS#'1In answer to your fax of November 13 regarding a clarification of Paragraph 5,a, iii, of your contract with the Society, "reference sel.ec t s'' refers torel~tively low-quality dupes made of a selection of transparencies made on theSociety's assignment. These Il r ef er ence selects lt are retained in the Society1sIllustrations Library and the originals of these images are returned to thephotographer.
These dupes are, as the contract states, retained for reference only. Themounts are so marked and, in fact, the quality of the dupe is usually not highenough to permit reproduction in Society publications. The IllustrationsLibrary is often a first source for photographs for numerous Societypublications -- primarily book and educational media projects. These"reference selects, II in addition to most of the published photographs which areretained in the library, gives a basis on which the Illustrations Editors candraw to determine which photographs are availabl~ for their individualprojects.
In any case, should an Illustrations Editor desire to consider further anymaterial represented in the Illustrations Library as a "reference select," theoriginal transparency is requested from the photographer. It is then,obviously, up· to the individual photographer as to whether he or she wishes toprovide the original transparency.
RG": pRoP9Z. c/S'E CDf: J"G--(]){>YRItif,J-T ON ~\.¥.
Enclosed is our check in the amount·of $3,000 in payment forthe one-time use of your two panoramas and one stock·photograpqwith our upcoming Pennekamp Reef Park article. Enclosed also isour voucher with an itemization of the transparencies and rates.We will retain the originals of the 1961 "wall" panorama in ourfiles for safetY,as before.
The remaining published photographs are from the 1989assignment and payment has already been made to you through theminimum guarantee. Under the terms of the assignment, theoriginals of the published pictures will be returned to you assoon as they have been video disked for our files. The yellowboxes and workbox will be returned shortly as well .
. Hope all is well with you. :n;· NC1ft::1 BEUaE 7lJ4.T £M(SDUPG-s WE AiSO MA-DE elF:
'*:rG:ltFILE:"-" :rG-q~8 (3SMM~Uf)bl') APRIL, ICJ90Payment for the one-time reproduction rights to two panoramas,one made up of 5 color transparencies dud one made up of 2 'colort ransparcncf.es , at the rate of $.1,250 per panorama, appearing inthe Pennekamp Reef article in National Geographic Magazine...... $2,500.00
and payment for the one-time reproduction rights to one stockphotograph at the rate of $500 per photograph, appearing in thePennekamp Reef article in National Geographic Magazine.......... $ 500.00
$3,000.00.Total:Panoramas: JG-260 Stock: JG-978
JG-26lJG-262JG-263JG-
d264anJT2-23JT2-24 .
.~ mS evPtS A :f6- AlE Q}!a'Mf: -rnJff1RGY COOEf> ~ A/Flu; sr;u;q-"Ii: NorE; ((~"WM66'RlNti- Of-) WI> ONE
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REg tHE C~PYRld!J..TtlJ6- gY ;JG-a/J ALL <Dl=-H-lS P~H-s TNJrT IrfJPENrbYJ (N 7t1EAPRJLlqqo [)5f/l: OFN6-M , It I usa. ).I4KEi A-
" The National Geographic Society is pleased to inform you thatRingier Verlag is publishing a German edition of Traveler called Globo.Your photographs from the "El.or i.da I s Underwater Wilderness ll articlehave been selected to appear in an upcoming issue of this edition.
Enclosed are 15, ,frames published in the July article onPEmnekamp Reef" Lnc Lud Lnq the phot.qqraph published on the OnAssignment Page. This includes the two- panoramas, 1 frame fromyour stock and '12 frames "taken, 0):1 assIgnment. This leaves onlythe. 76 frames selected for the video disk, dupes of which weresent to you previously. These selects will be sent to you assoon as illustrations library returns them to me.
Pf\t)B~ OJI NGS.-;j6'- WILL ® '16 SB..ECTSIn you'r: Le'tt e r- you mention that you arc r'ctnining 76 framesto be recorded on the video disk nnd then returned to me.Hy question-now is, why do you need the origlnnls for thispurpose? '
In my letter to Kent Kobcrstccn of November 13 , 1989 nndhis answer to' me of November 16, 1989 clcnrly s tnt os thatthe "r-crcr-e nec selects" refers to relatively Low-qunH tvdupes. Also lithe qunlity of !.!!.£ dupe is usually not highenough to permit reproduction in Society publications.1I
Since, this is wh~t thc policy is on the items used forthe video disk, I .wo ndar- why they nrc using my originalsfor this t.r-ans rci-, The reasons for my concern are' twofold:
A. I .am aware of the high quality images t.hn t;can be stored on this type of system.
B. I have nlrendy had n bad experience withSpecial PUblications concerning un originalof mine (a select) which was never returnedto me and ended up in tha TrCasureB:in.thc-Scnbook. Carolyn Gobla was involved in~ttIng--
things straightened out on this unreturnedframe. I received payment. for all usee a nd the'chrome was returned to meo
I do not want this sdtuat i cn to come up again. nnd ruin alongstanding relationship of 28 yenrs. For this rcnson
Ilty with FAX transmission ple~5e phone 305/ 667-4051 I
would you be kind enough to. sec that the video disk usconly be made off of H~-quality dupes". Thank you.
When the 70 selects nrc returned to me I will then tokestaps to register them on n Library of Congress VA form.
Thonks again for your ho Lp on'this mottor.J~6:__SinccrelJr yours I Jerry Greenberg
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@~ONT/~U~ lq9~
RE~ (ISNC.(()~{;() ARE THE 16 sWiCTS wl'flcH WET
I1EZ.D As Reft(?f;Mcr; S9-ECTS~ oa« UIDt:oDISC.1Wfr PR(rf;$S NAS NOW ~JJ ro,MPlbl1:"b~
I /JM Rf(7)~MNG- TJ1i: OR!fiMJIJL ~1ARl;WclfiS
10 'lOLl. JUDlm lEVIS cO :r6-(j(;.~)~ Tf?).IS 4REi'ID f:p fKbM 5=1-58 - olf-S to 5138- I').o.
You can imagine.',',.m·y surprise when I .find one of the originalphotographs;published in the 1984/85 issue reappearing onpaie 70 of the March / 'April issue of Traveler. Would yoube 'kind enough to get back to me on how this happened?
Thank you for your help on this matter.
'Back in June, 1984 I had a working arrangement and formalassigmcnt from Boss Gilka to do a photo essay on Florida'sMarine Wildcrncsse The arrangement was that the Societywould purchnse one-time reproduction rights and :a11 ofthe material would be returned to me after the as?ignmcnt /publication of 'the s t or-y , The article appeared 'in theWinter 1985/1986 issue-of Traveler ·Magazine.
enclosures: .
1-invoire for $750.00I-VA copyright form
(VA-208-669)I-VA copyright form
(VA-204-406)I-fax·to. Patton &
, Kobersteen 8/19/91
Thank you for your phone c~ll of 10 March.
I accept your explanation that the unauthorized usc of mycopyrighted material' from Florida.'s Underwater Wilderness(my c opyr-Lgh t VA-208-669) was unintentional ~ As- wediscussed, I agree to accept the fcc of $750.00. Thefollowing conditions must be met as part of this scttlcmcnto
1. All photographs of mine (originals and dupes)returned to me to prevent future unauthorizedUSCo We both agreed that t~is would be the bestWL\Y to avoid, problems.
2.:Thc 76 color transparencies retained by the Society(from ~y April, 1990 story) on a video disk willnot be used in any form by the Society withoutmy permission. This material is covered in aseparate copyright as NGS 5738-045 to 5738-120(my copyright VA-204-406). --
Providing this·is agreeable with you, please pay my invoiceof March 11, 1994 for $750.00 for one-time usc of myunderwater photograph on page 70 of the March/April, 1994issue of TRAVELER IIAGAZINE.
R&: :r6- To ALLAN RrJJYlF A-Eou.r P~f3[g)Mg
eE=- THf; (f)J~'200 (j5F(!)~ :r6-M4-~lh-L
IN N~. PUBLlC9-TlOJJ's4@"G Marl; ~ 4 f?UPF~ TI-1E=" APRJL I11D MTICLF wAs tNFRwaooUPoN iN ectoes« ~6, I qqS (JASON PItOO"ocr).sa= f=l:L09'<.Jllt.
~/J.4RCH /6,: /Cf9l/-
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Denr Alla~ Royce:
PME 51
In a recent letter to Winthrop Scudder} I expressed concernabout unau t hor-Lz.cd usc of my copyrighted in the MarchiApril',
. 1994 Lseue 'of THAVELER: Magu zLnc , He addressed this hss ue by.returning the file "dup.es" from my original published p Lcc o.from TRAVELER, Winter, ·'198_5/~.6. I also understand that paymentfor the 1994 usc will be fcr-t.hccmm.tng , Winthrop Scudder.sugges t.cd that I contact you to address other ar-eas of concernto nlc o
1; 'I'hci.v i dc o disk material NGS 5738-q45 to '5738-120which is mentioned in my Lc t t e r- to WS (March 11,1994) •.This material is 'covered under my copyright
: VA-204-406. No use may be made on this materialwithout my permission.
2 0 The dulpicate transparencies that may be on file frommy. article in the April 1990 Lseuc. of the 'NATIONALGEOGRAPHIC NAGAZINE.This material is covered undermy copyright VA~417-426. I would appreciate havingtheseUdupes" returned to me so that they will notbecome'a problem for the Society later ono
3. I -am c onc cr-ncd about the c x La t.anc c ' of other "dupcsv ,originals Qr "sel ects ll that may be on'file withoutmy knowledge~ This problem came up in the orig~nal
. publication .and foreign rights usc of my materialin TREASURES IN THE SEA (SS to JG, March 2, 1989).I would appreciate' hnvd ng any of this materialreturned to me so that it docs not become a problemfor all concerned. .
Thanks again for any help that you may give me on the abov~.
With this letter [ acknowledge receipt of your (fax) letter of 16 March 1994 and oursubsequent telephone conversation regarding original and duplicate photographs coveredby your copyright which presently are in the Image Collection (formerly the IllustrationsLibrary) of the National Geographic Society.
As I told you during our phone conversation, I asked for an inventory of the photographsin our files that pertain only to your assigninents for NationalGeographic Magazine. Whatwe have in file are what we are entitled to have per the terms of your various magazineassignments. 'None of this material is going to be returned to you.
With regard to our video search and retrieval system: It is an optical videodisc-basedsystem designed to speed up perusal of our files and reduce the physical handling of theactual transparencies--original or duplicates. It does not produce electronic images ofreproduction quality as would a.digitally based system. '
Heres to your perserverance and your gracious patience.
Again your understanding' and considerate manner has beengreatly been appreciated.
Your $750. check for the picture we published in our statepark story was sent at least a couple of months ago. I trust youhave it you possession. If for whatever reason you have not
" received it please give me a call and I will personally track itii: down.\j~
IiH~II;1;'Iii"I'
,i!IiHil Enclosed you will find 14 duplicate transparencies that areii identical to the ones that were published in the TRAVELER's 1985'i Winter issue on John Pennekamp Coral Reef State Park.' Per yourIi!I request National Geographic's Illustrations Library currently doesIi not hold any duplicate transparencies for t.hat, story. This will!; obviously remove any possibility of the Society ever publishing any!i of the these particular pictures without your ,permission or yourI,Iii knowledge.I",I,q;I"\)H'
A-DUISE TO H-I~ $fJN,'lnmfore, r bcJlev~ tim'you 'will <m!y gct their ~ttCXltion with ~~~ and thr~ll;. Can you goback through your conl:ra~ and sec If you ever'gave them pemussion to l::ccp imag-cs ss "file
,selqcts?" Do y.ou soc any SItuations where you agreed to their holding onto anythirig for lateruscl Are all Clrcutnsunees where they have your images a violation of your exclusive-rightscontracts? Are you sure that you have never granted thcm the contractu>! right to hold Ontoanything of yours?
On.ee that is dete,;,uned, your .ttorney could write a Jetter to the NGS attorney saying youbelieve thatmaterlal·of yours is being held against your Will and without authorization. He
, could ,insIst on a full,aecounting)i:om a!J de!"'l"bncnts,-.inc!uding the libruy, the video discoperabon, books, speoa! pubs, the magatwe, TV, etc., and witWri a Weed time period forward' Ula[ list tc you.
i:10Wibvil~ th'I t1th'nforIDnJation Yth°u can dctc~tin~ w~at you want to do in order to protect your rights.' I o,us yeo y way ey cancontmue usmgYOul' material without asking for permission up,: front IS that theyarc alrcady holding copies of j~ Force them to disclose where everypiece ofi i film or digital file is of your rruitcrial. I believe you (and all the rest of us) will be amazed at the:'I extent of the copying,i:!
... Thank you for your letter of October 5tho
:i1:1': ~
Ij'"
The reason that I did not want to hear from Win Scudder is that:1.believe that various members of the Nationa~ Geographic editorialand· illustration departments huve u probl~m·of using the iatellectualproperties of non-staffers without permission in the many publicationsof the So c Lc t.y , I had hoped that by contacting you directly, I wouldbe able to have someone at the corporate counsel level to help meaddress this problem. Apparently, I have failedo,In my first discussion with you in mid September, I did did mentionthat I was paid the $750000 but could not get the satisfaction ofhaving the duplicates of my copyrighted material returned to mc
o
The request for the return of this material was made back in Mar-chof 1994. It took over six months to have this material returned tome and this was done after having a discussion with you.
Pleased be advised that I am in the process of ret'aining approp~atccounsel to address this issue..
M,'. Jerry Greenberg6810 S. W. 92nd StreetMiami, Florida 33156
Dear Mr. Greenberg:
As Audiovisual Coordinator in charge of clearing photos for use in the NationalGeographic Society Audiovisual Division's programs and products, it is myreponsiblity to inform you of an oversight with regard to the use of one of yourimages. The photograph in question (of a sea fan, UFP6H36), was selected foruse in the enclosed color brochure promoting the 1996 Jason Project, which theNational Geographic Society participates in each year. Tins picture wasoriginally published in the July 1990 story on Florida's Coral Reefs (p. 130).Unfortunately, the slide of your photograph was sent to the engraver and thebrochure published before I was asked to research appropriate payment for itsuse. Since your contract states that all rights to the published as well asunpublished photos from your assignment reverted to you, we have - albeitunintent.ionally - violated your copyright. In addition, we cropped and reversedyour' photo, the credit line does not refer to you as the copyright holder, andregrettably a "u" was substituted for an "e" in your last name at some stage inproduction.
Mr. Greenberg, we realize the importance of copyright, and that we havecommitted a serious violation. At this point, we can only ask for YO\1l'
understanding that this violation was not intentional, which is why we wanted tocontact you as soon as possible after realizing the oversight. The only remedyfor this violation at this time can be monetary. To that end I should inform youthat we are distributing 5,000 copies of the brochure, and that your photoconstitutes less than a quarter page within the brochure. Normally our paymentfor such a use would be $50.00. Under the circumstances, we would like toacknowledge our error and demonstrate the sincerity of our apology by offeringyou compensation in the amount of $500.00.
If you would be so kind as to phone me at (202) 775-7885, or write t.o me at theaddress below, we would like to settle the matter as soon as reasonably possible.Alternately, you can send me a fax at (202) 775-6126. The address is:
This is a tollow-up'of our discussion that began in February 29, 1996concuDing the marketing of my "Reference Sclcct ll (NGS ID RFPI05F32,my ID-5783-074).
I trust you will recall and ,note that I stated in February and nowstate again thnt I declined and still decline permission Cor theSociety to act as my photo agent.
On June 14, 1989 I signed an agreement with Kent Kobcrstccn for thePcnncknmp Reef Park story #05738. It stated in Paragraph 5 (a-iii)that NGS may take and retain, in its illustrations libraries, copiesot eoec of the photographs as "Rc rer-cnce Se Lec t.a" only"
On November 16, 1989 t I asked for clariticntion of what "Rc!erencc.Selects" meant .. }lr .. Koberstecn advised me that the "IllustrationsLibrary is often a first source for photographs for numerous Societypublications" "Refer-ence Selects" means to me what Nr .. Kobcr-s teentold me it meant to him..
NGS was not then in the photo ng.cncybusiness. Hnd I known the Societyhad plans to go into that business, I never would havu accepted thoBeterms.
Formerly, thu Society forwarded~outside quieries directly tome, Wehave no agreement beyond that. The Society cannot alter the terms ofour agreement unilaterally. It is NOT acceptable to me for theSociety to act as my photo agent and to offer my mnterinl to outsideclients.
It will be mutually benoficial at this time to review which of myphotographs are in your Permanent Collection, in the IllustrationsLibrary and in the NGS Image Collection. Your should know that mostof my work is copyrighted by m~. In order to avoid costly mistakeswhere my WOrk appvared in print against my wiShes and in violationor my copyrights, I believe thc'Society should take stcps now toprotect its own interests as well D$ mine. I want nn inventory otany nnd all images madc'by me that nrc held by the National Geographicin any form, inclUding originals, duplicates, digital files
tclectronic-
products, e tc , .
Sincerely yours,
Jerry GreenbergSEAIlAWK PRESS6840 SW ,92nd StreetMiami, Florida 33156
~,M) FUTURes. N6.S ID 51-38-' IS'J6- DID NOT ANS()J~ J.
R8~ ~<rtJEST,}JG- ~[;USb of .JrLClDPVR ICilf1PD ()tPm ffl:M tQ8STAAVGll;R MA6AZINE. PR[;1JlOO>LY'NFR1~'Y) Qf:t)A) gy NGS TRA-u~ {999;Hau4RD PAYNE TO ~.
r
6-~ IN (X1<TANr 'NFofaIM.TICA)me,
e>ertn &i i ~0, ncr S Rf"~ ClAJ.4Wl1hR lrt:;"lJ U$I: CrJt:: J"{j.. a:J>YRKi~" c.HRJME" IIJ J.4Sc,o Pfil:Jrg:;r. T1-JIS eu~ O»E:et:
T1JE DllPLJeA--T€ C~E" 1'/J.I}T ,4l.L4,v ROYCFAFfU~~ To RbCURJJ TO:Ir;.. (APRIL Iii, 1994),
",N~tirtitarQiiri3t,u:¥ijil:~11~tt!" October 26, 1995
Mr. Jerry Greenberg WASHINGTON, D, C, 200366840 S. W. 92nd StreetMiami, Florida 33156
Dear Mr. Greenberg:
As Audiovisual Coordinator in charge of clearing photos for use in the NationalGeographic Society Audiovisual Division's programs and products, it is myreponsiblity to inform you of an oversightwith regard to the use of one of yourimages. The photograph in question (of a sea fan, RFP67f36), was selected foruse in the enclosed color brochure promoting the 1996 Jason Project, which theNational Geographic Society participates in each year. This picture wasoriginally published in the July 1990 story on Florida's Coral Reefs (p , 130).Unfortunately, the slide of your photograph was sent to the engraver and thebrochure published before I was asked to research appropriate payment for itsuse. Since your contract states that all rights to the published as well asunpublished photos from your assignment reverted to you, we have - albeitunintentionally - violated your copyright. In addition, we cropped and reversedyour photo, the credit line does not refer' to you as the copyright holder, andregrettably a "u'' was SUbstituted for an "e" in your last name at some stage inproduction. .
Mr. Greenberg, we realize the importance of copyright, and that we havecommitted a serious violation. At this point, we can only ask for yourunderstanding that this violation was not intentional, which is why we wanted tocontact you as soon as possible after realizing the oversight. The only remedyfor this violation at this time can be monetary. To that end I should inform youthat we are distributing 5,000 copies of the brochure, and that your photoconstitutes less than a quarter page within the brochure. Normally our paymentfor such a use would be $50.00. Under the circumstances, we would like toacknowledge our error and demonstrate the sincerity of our apology by offeringyou compensation in the amount of $500.00.
If you would be so kind as to phone me at (202) 775-7885, or write to me at theaddress below, we would like to settle the matter as soon as reasonably possible.
",.,.A~ter:Il~tely, you can send me a fax at (202) 775-6126. The address is:,-:" ':-.;, .'-:-', :i:'~}-;!'::::;:",:, "'::-T':';:"t:'(7".:t;~';~;:·i~~\<'lf;i,~;i':~·;"'"
prorYJpt1i . VI} t vJ00 \ 0 \;0_ e -to I~CJ0d.e +hLJ
file- 6e,le[;1- +Oi pOPI.l1Ie. J:Je.. In fA- phormau,Jhu!
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Geographic Location:
Subjects:
Summary:
Legend:
Submitter:Medium(s) :
Received Date:
JOHN~ENNEKAMP CORAL REEF STATE~RK/KEY LARGONATIONAL MARINE SANCTUARY, IN THE ATLANTIC OCEAN OFFKEY LARGO, FLORIDA.WARD, FRED ~ ":Iq }qqbATLANTIC OCEAN f"D"" (71 /
UNDERWATER REFUGES AND RESERVESDIVERS AND DIVINGECOSYSTEMSINBOARD MOTORBOATSPHOTOGRAPHERSSARGASSUM PLANTSSARGASSUM SP.MOLASSES REEFGRECIAN ROCKS REEFCORAL REEFS TAKE CENTURIES TO GROW, AND ONLY YEARS TODIE. POLLUTION, CONSTRUCTION, AND CARELESS BOATERS,DIVERS, AND FISHERMEN THREATEN THEIR SURVIVAL. THISPROJECT SHOWS THIRTY YEARS' DETERIORATION OF THEREEFS IN A PARK CREATED TO PRESERVE THEM.A diver, probably Fred Ward, surfaces under sargassumweed over Molasses Reef or Grecian Rocks Reef. Theboat is most likely the one he and Jerry Greenbergused to photograph this story.GREENBERG, JERRY35MM-SD07/89 - 08/89
. I
Submitted for Project Title: PENNEKAMP REEF PARKSubmitted for Product Type: NGM
Selected for Project Title: PENNEKAMP REEF PARKSelected for Product Type: NGM project #: 05738
This is a follow-up of Ollr discussion that began in February 29, 1996concening the marketing of my "Reference Select" (NGS ID RFPI05F32,my ID-5783-074).I trust you will recall and note that I stated in February and nowstate again that I declined and still decrine permission for theSociety to act as my photo agent.
On June 14, 1989 I signed an agreement with Kent Kobersteen for thePennekamp Reef Park story #05738. It stated in Paragraph 5 (a-iii)that NGS may take and retain, in its illustrations libraries, copiesof some of the photographs as "Reference Selects" only.
On November 16, 1989, I asked for' clarification of what "Reference'Selects" meant. Mr, Kobersteen advised me that the "IllustrationsLibrary is often a first sourCe for photographs for numerous Societypublications. "Reference Selects" means to me what ~lr, Kobersteen
, told me it meant to him.
NGS was not then in the photo agency business, Had I known the Societyhad plans to go into that business, I never would have accepted thosetcrmso
6040 S.W. 92ncl si., Miami, Fla. 33156 U.S.A.,
PHONE: 305 I GG7-4051FAX: 305 I GG7-3572
i '[ I
TO, ~~. Eve Nolan I IMAGE SALESNational Geographic Image CollectionWashington, DC 20036
Dear Ms Nolan:
MO 7'4051
FAX: 1-202-429-5776
D,',TE' August 29, 1996
Formerly,the Society forwarded ,outside quieries directly to me. Wehave no agreement beyond that, The Society cannot alter the terms ofour agreement unilaterally. It is NOT acceptable to me for theSociety to act as my photo agent and to offer my material to outsideclicntso
It will be mutually benoficial at this time to review which of myphotographs are in your Permanent Collection, in the IllustrationsLibrary and in the NGS Image Collection, Your should know that mostof my work is copyrighted by mo., In order to avoid costly mistakeswhere my work appear-ed in print against my wishes and in violationof my copyrights, I believe the 'Society should take steps now toprotect Lt s own Lnt.cr-os t s as well as mine. I want an inventory ofany and all images made'by me that are held by the National Geographicin any form, including originals, duplicates, digital files, electronic,produet s , etc. .
Sincerely yours,
Jerry GreenbergSEAHAWK PRESS6840 SW 92nd streetMiami, Florida 33156
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