washington, d. c. 20036€¦ · mr. bob gilka/ director ot photography national geographic mn~azine...

\ .....

WASHINGTON, D. C. 20036

ROBERT E. GILKAOUU:CTOR OF PHOTOGRAPHY

May 1, 1968

Mr. Jerry Greenberg6840 SW 92nd StreetMiami, Florida 33156

Dear Jerry:

Just understand that I still luv ya, Jerry,even if I don't agree with your stand on rights.

Sincerely,

REG:ds

• .,--<


ROBERT E. GILKAOillEC10A OF PHOTOGRAPHY

April 22, 1968

Mr. Jerry Greenberg6840 S.W. 92nd StreetMiami, Florida 33156

Dear Jerry:

Dave Bridge has talked to you about doing a coupleof days of work on the hydro lab about May 2. This letteris simply to make the agreement!U0re formal. We will paythe standard day rate for this assignment and will re-imburse you for expenses. Any of your photographs whichare published'in the underwater book (revision) or anyother publication of the Society will become the propertyof the Society.

Sincerely,

REG:ld

Aprj , :l8, 1968, ,">'

Mr. Bob Gilka/ Director ot PhotographyNATIONAL GEOGRAPHIC MN~AZINEWaabington, D.C. 20036

Dear Boba

Thank you tor your letter and aaaignment of April 22nd on tbe Hydro-lab project. I'. sorry I haven't anawered your letter Booner but I wa.tied up at the annual photo con~erence in Miami.

I appreciate the assignment but I am unable to accept the work becau.ethe clause "any pbotograpbs which are publbhed in tbe underwahr book(revia1onror" any otber publication. ot tbe Society will beco.e tiiiniro-perty ot the Society".

I teel very stronaty tbat tbe legal, moral and artistic ownersbip otphotographB, cOPJTigbt rights and all residual rigbts reat initiallyand ultimately with their creator, tbe pbotographer. I bave," signed 1111nSlle to ilieASHP's declaration of conechnce on tbh matter. I don't"see how I am able to accept this or any other assignmsnt trolll tbe Societyeo long as the Society has prOVisions wbich arocontrary to this codeo

Thanku again for the above assignment and paet projects I have done tortbe National Geograpbic ,Magazine. I am sure you know the warmth I holdtor tbe magazine and tor my many good lrienda there.

I t.el that tbe National Geographic Society will eventually come aroundto accepting the ASMP recommendation, and when they do I look lorwardto working for them once again.

Sincerelyyoura,

Jerry Greenberg6840 SW 92nd St.Miami, Fla. 33156

CCI Dave Bridgecc: Cornell Capal ASMP

Natinmd QDrngrapllir jl[agazimWASHINGTON, O. C. 20036

ROBERT E. GILKAD'.te,e. "" PHOTOG......

April 22, 1968

Apr:t· ~8. 1968c~

Mr. Bob Gilka/ DireotQr Qt Photograph7NATIONAL GEOGRAPHIC MA~AZINEWaahington. D.C. 20036

near Boh.

Thank TOU tor your letter and aaaignment ot April 220d on the Hydro_lab project. I'. sorry I ,haven't anaw.red your letter eooner but I •••tied up at the annual photo con~erenc. in Miami.

Dear Jerry:

Mr. Jerry Greenberg6840 S,W. 92nd StreetMiami, Florida 33156

Dave Bridge has talked to you about doing a coupleof days of work on the hydro lab about May 2. This letteris simply to make the agreemenc more formal. We will paythe standard day rate for this assignment and will .re-imburse you for expenses. Any of your photographs whichare published'in the underwater book (revision) or anyother publication of the Society will become the propertyof the Society.

REG:ld

Sincerely,

13N~

I appreciate the assignment but I .. unable to accept the work becau••the clau,Iil8,'lany photographs which are publhbed in the underwat"r book(rllvhioiir-o-j:' any other publications ot the Society .ill becolI&~ ttiit'-pro_porty ot the Society".

I teel very strons't.y that the legal, moral and artiatic ownership otphotographs, eOPJright rights and all residual right. reat initiallyand Ultifola:hly with their creator, the pbot'ographer. I hav... · signed mynSIDe to the n ASMp t • d.claration of conaeience on thia matter. I dcul't" ,-.ee how I am able to accept this or any other a&slgnment from the SocietTso long as the Society has provisions which are contrary to this codeo

Thanku again for the a~ove assignment and paat projeeta I have done torthe National Geographic ~agazine. I am sure you know the warmth I holdtor the magazine and for my many good friends there.

I feel that the National Geographic Society will eventually come aroundto accepting the ASMP reoommendation, and when they do I look forwardto working for them one. again.

5in~.rely'your8,

Jerry Greenberg6840 SW 92nd St.Miami. Fla. 33156

cc: Dave Bridgecc; Cornell Capa/ ASMP

~&t,:t;~:,)gTG~ij,~{~i~~f~~1i~g~~',~Y~~~f~\k~irf:~~~£ri~{l~~llj~%~~:~l~~~~it*~~~~C)

Natinnal ®l!ogr1tl14irJilitagazitu!WASHINGTON, D. C. 20036

ROBERT E. GILKAD'~'01"" gr P.Q'OGM'''''

May 1, 1968

Mr. Jerry Greenberg6840 SW 92nd StreetMiami, Florida 33156

Dear Jerry:

Just understand that I still Iuv ya, Jerry,even if I donlt agree with your stand on rights.

Sincerely,

~REG;ds

1 ,

II

DAVID S. BOYERDIRECTOR

E.OUCATIOHAL FllI1STRU'S

Natinmtl «6~ngrap4it ~nri~t!!WASHINGTON, D. C. 20036

U.S.A.

August 2, 1971

Mr. Jerry Greenberg6840 s , W. 92nd StreetMiami, Florida 33156

Dear Mr. Greenberg:

I had no sooner finished talking to you on Fridaywhen I received a call that your check was ready. Ireally am sorry for the delay; but we are pleased tobe able to send it to you now.

Once more for the record, this is in payment forone-time rights to 2 pictures from your Buck Islandcoverage, KR 109 f.20, and KR 16 f.10, the latter beingused three times, in our filmstrip about fish.

Thank you again for your contribution to ourprogram.

Sincerely,

oI~ep~(Mrs.) Linda J. ForestierEducational Filmstrips

Enc.: check 147722voucher 1656

'FILM SfR,P48dll1 ASHj-lT8t15

-------------------~---.

,ECK No. 47722

".n -- -. ~'l

NAT' 'NAL· GEOGRAPHIC' 90r '::TY, '-~ 'SE:VENTEENTH AND M StRE~TS. N. W.

'. WASHINGTON, D. C. 20036VOUCHER

I Jerry Greenberg6840 S. W. 92nd StreetMiami, Florida 33156

L

"l•••·

.J

THE ATTACHED CHECK IS IN SETTLEMENT OF ITEMS LISTED BELOW. IF INCORRECT, PL,EASE RETURN THIS VOUCHER WITH CHECK.

DATEACCT.

NO. DESCRIPTION GROSS DEDUCTIONS BALl

9 JUt.1.9'\ 1.475 PAYMENT FOR ONE TIMa REpRODUCTION RIGH~S TO2 TRANSPARENCIES FOR A TOTAL OF 4 USESIN THE FISH FILMSTRIP ANIMALS SERIES 200.00

'I , :Ht'f1.'

•

- ---~~-_.--._---_.-----,~ •.._--

DAVID S. BOYEROIRECTOIl

EOUCJ,lIO"AL fILt1STIUrS

Nattnmtl ®fu3rapqit judd!!WASHINGTON, D. C. 20036

U.S.A.

April 16, 1971

Mr. Jerry Greenberg6840 s , W. 92nd StreetHiami, Florida 33156

Dear Hr. Greenberg:

Mr. Patton is returning, or has returned, yourBuck Island photographs.

The Filmstrips Division would like to use two picturesfrom the coverage in our "Fish" filmstrip, and we arerapidly approaching a deadline. They are in a separategroup in the shipment, marked "Hold for Filmstrips".The numbers are:

KR 109 f .20KR 16 f.lO

Our usual fee for one-time reproduction rights is$50.00 per frame. The originals would, of course, bereturned to you as soon as production is finished.

We would also like to have, if possible, the originaltransparency that ~Ias published in the GeographicmagaZine in January, 1962, on page 84 upper. (StarCoral, Key Largo, !JG-303).

If the above terms are agreeable to you, couldyou send us the three pictures at the earliest possiblemoment? Thank you very much.

FILAt1 5rRIPI( F/5H'1

Sincerely,

~ep~(Mrs.) Linda J. ForestierEducational Filmstrips


ROBERT E. Gll.KAOIR£Cl0R OF PH0100AAPH't

August 13, 1969


Dear Jerry:

I just got back from leave to see a copy of thecorrespondence between you and Bill Garrett.

I guess Bill - who is now off on an assignment ofhis own - didn't realize it, but we have established apolicy here about payment for re-use of photographs.You should be protected if any of your pictures are useda second or third time in Geographic publications.

All the best,

REG :ld


ROBERT E. GILKAOIRE:CTOR or PHOTOGRAPHY

August 13, 1969


Dear. Jerry:

I just got back from leave to see a copy of thecorrespondence between you and Bill Garrett.

I guess Bill - who is now off on an assignment ofhis own - didn't realize it, but we have established apolicy here about payment for re-use of photographs.You should be protected if any of your pictures are useda second or third time in Geographic publications.

All the best,

REG :ld

---Natiunal ®tu~tap:~ir Jltit~a~int

WASHINGTON 6, D. C.

Natiumtl ®tugnq:t~ir Jitagiti!intWASHINGTON 6, O. C.

W. E.GARRETT.......'.... I""."",,'''..roo'o. W. £.GARRr;;TT

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Dear _Je.r-rys

Mr. Jerry Grcentere6340 S. ·.1....t 92nd atc-ect;';iOJrd 56 J l"l'..lrida .

"~. ' ::; j : '~-. \ ,~.Today we ore ~eturning all Gr~enb9rg K8Y L~r~picture3

still in our poss83sion except ~4 selects pUll~d f~om yb~assignment 8hoating .~~d 23 published pictures. Thdt~l\publishedfile pictures \ihich you r-equeat.ed be returned ar-e b~ing duplicatedand ve "ill send the originals this week. Our files l are not incomplete aljTeement with your .list of material. I think if youwill check. you will find some of the material which you rcque~tedwas published and not mar-ked for return. I per-sonedIy spent manyhours trying to organize all of this for return. I think you willfind it in order.

We will pay a premium of double the normal page rate because ofthe difficulty of the job. This would amount to $:200.DO a page or $100.00minimum per picture used in color. Considering a minimum size of e colorpages we would gunrantee you $1,600.00 for the job. I would estimate thata successful job would occupy no less than 16 color pages, anQ as hiWl as24.

H~" JerrY Greenberg~ 6840 s, VI. 92nd Streetliiem! 56. Florida

H' By now you know the good new, that the Editor has appr-oved theassignment on Key Largo for you. I have received your list of expenses sndgone over them. In view of the unusual problems of working underwater Ifeel this is reasonable even though it adds up to over a hundred dollars aday.

._.,.

Enclosed is a check for $1 1500.00 as an advance towards expenseson the assignment. Please keep records for our Auditing Division. Theenclosed daily expense slips are used by the staff, and do have the advantageof providing a system. Use them if you like. As this money is used notifyus and ve will try to guess how much mor~ if any, will be needea within reasonto procuce a top sto~J. If you have any questions on large expenses that youare ~rn doubt about call me and I will advise you.

Insofar as The Society is concerned, you ...,ill undertake thisassignment as a free lance agent and independent contractor. and not in anysense of the word as a person employed by the Society, directly or indirectly.Further, acceptance of financial and other considerations outlined in thisletter shall constitute an absolute release to the National_Geographic Societyof all responsibility for personal injury, and lor death, which may arise outof or result from this assignment.

The rejects arc yours, but you understand that you wouldnot sell for publication pictures identical to those used by thol.laga.zd.ne ,

l~anks for sending along the letters.

For the prcGent I have not been able to work on the cavematerial. If you need it I cnn return it now1 but I would preferto keep it for avhfLe , I \~ill try to gd eone positive, favorableansvcr- on your l-!iami Lab layout. I par-aonakIy think we can dosomethf.ng ~!ith it, and would like to see it given as us as sngnmenb,

dv~) "'1 04 35,@ t.rnnsps , )~'ri' 527 cut rilm . ,y ~, ;0, bOw contact ahee t.s ~ ~r

932 b&w ncg:;. . U iJ'h51, b&w photos !J,1 ~. / "",,)

- .i,-J.,t~ - jfJ' ( 0 O. ,

':lEG:LJ::Enclosed:

file ~elects wouldAfter pUblication

us would be yours

All pictures used in the story plus a few forbecome the property of the National Geographic Hagazine.in the Magazine all rights on those pictures not held byto selL

....'\,

_I

Natinmtl ®£ugrap:4itjf{aga~in£WASHINGTON 6, D. C.

W. E. GARRETTAsSISTANT ILLUSTRATIONS (DITOR

: M~."JerrY Greenberg: 6840 S. W. 92nd Street'Miami 56, Florida

YJ.J By now you know the good news that the Editor has approved theassignment on Key Largo for you. I have received your list of expenses andgone over them. In view of the unusual problems of working underwater Ifeel this is reasonable even though it adds up to over a hundred dollars aday.

We will pay a premium of double the normal page rate because ofthe difficulty of the job. This would amount to $200.00 a page or $100.00minimum per picture used in color. Considering a minimum size of 2 colorpages we would guarantee you $1,600.00 for the job. I would estimate thata successful job would occupy no less than 16 color pages, and as high as24.

All pictures used in the story plus a few for file selects wouldbecome the property of the National Geographic Magazine. After pUblicationin the Magazine all rights on those pictures not held by us would be yoursto sell.

Insofar as The Society is concerned, you will undertake thisassignment as a free lance agent and independent contractor, and not in anysense of the word as a person employed by the Society, directly or indirectly.Further, acceptance of financial and other considerations outlined in thisletter shall constitute an absolute release to the National ,Geographic Societyof all responsibility for personal injury, and/or death, which may arise outof or result from this assignment.

Enclosed is a check for $1,500.00 as an ndvance towards expenseson the assignment. Please keep records for our Auditing Division. Theenclosed daily expense slips are used by the staff, and do have the advantageof providing a system. Use them if you like. As this money is used notifyus and we will try to guess how much mor~ if an~ will be needed within reasonto produce a top story. If you have any questions on large expenses that youare ~n doubt about call me and I will advise you.

,,,,,,,q,

,i

Mr. Jerry Greenberg -2-

Your sketches on the potential pictures for the story make verygood sense. As you know from our conversations the key picture will be asuperwide shot. This may be two VeriWide shots side-by-side or even threeor four. I would like to be there to work with you on it, but I'm notcounting on it.

The night shot with the lanterns lends itself to a dramatic pic-ture, but it has to be more than just the lantern and man. In other words,it must be obvious that it is part of a reef story and not in a pool.

The brain coral looks promising.

The sled picture is excellent. It indicates possibilities forrecreational use of the area. In this same category would be the picture ofthe diver using your Rollei housing with the ring light on the front.

For a model be on the lookout for a full-breasted mermaid.

Let's plan to do a spread with 8 to 12 different types of coralthat are most common or most interesting. If you do not know which to selectlet me know and I will talk to a coral expert and make suggestions. Thiswould be in the nature of a catalogue of coral. Those represented in otherlarge pictures in the series should be left from this collection.

Try getting on top of one of the lighthouses and shooting downinto the water. This is just a wild idea, but you might try a Panon orwide angle that would cover from the horizon (with a freighter moving acrossa sunset or sunrise) to the base of the light scaffold looking straight downonto a shallow reef. If you look down into the water (calm night) from thisperch would you be able to see a model lighted by a flash or torch under-water? If so, this would make quite a shot. Perhaps having a small boat inthe middleground and a diver on the bottom lighted with flash would besuccessful. This may all be impossible. Even if the diver were only 5 feetbelow the effect would be there.

If there is anything to be shown do not hesitate to rent a planefor an aerial of the reef.

I'm going to see a park service man here who is well-informedabout this par~ and will pass on any ideas that come from him.

I'll try to answer your questions. We cannot restrict use of yourfiles, but would expect that you not produce a story on ,the reefs for anothermagaZine. (.r11ft1 IJWlJV

~CJo,v

The proposed author for the article is }~. Charles Brookfield. Wewill see that you two get together as soon as his assignment is firm.

Hr. Jerry Greenberg --3--

Hr. Brookfield knows of a wreck or two in this area that mightspice up the photographic coverage a bit. I~ there are any known wrecks inthe area be sure to get coverage.

I agree it would be best to rent a compressor.

Regarding a model wouldn't it be easier, cheaper and safer tohire an assistant than to pay a daily rate for a model. This would give youan assistant and diving buddy as well as a model. You might look into thepossibility.

If this letter raises any questions or leaves any of yours unans-wered don't hesitate to ask me.

Please let me see your film as you go, rather than hold it alluntil the end. Let me know what film or equipment you might need that we canprovide. As soon as the 120 size High-speed Ektachrome is available we willtry to get it to you.

WEG:CIMEnclosuresAir Hail

- - -------------------------~.,

-.

WASHINGTON 6, D. C.

W. E.GARRETTAsSISTANT IUUSTAATIOHS (OllOR January 2, 1961

\ .,...

".. '

t~. Jerry Green~erg6840 S. .I'~ 92nd streetrD.mni 56, 11'lorida .

I ,

'"..• '''''' v ,• ' •. I ..

..

'.\

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,I' '. , .Dear Jerry:I ~ . ...._- \l I \)

Today He a.re returning all Graenberg Key Largo picturesstill in our possession except '5~. selects jlUlle'Ct fr;oIilybprassignment shoo td.ng and 23 published p.i ctur-es •. ThJ~~:f··.hubllshedfile pictures vhf.ch :I"OU requested be returned are bhng duplicatedand we Hill send the originals this Heck. 0101r files I arc not incomplete agreement with yeur list of material. I think if youwill check, you will find some of the Imlterial which you requested',fas published and not marked for return. I personally spent manyhours trying to organize all of this for return. I think you "illfind it in order.

The rejects are yours, but you understand that you wouldnot sell for publication pictures identical to those used by thoNagazine.

Thanks for sending along the letters.

For the prcsent I have not been able to work on the cavematerial. If you need it I can return it now, ~ut I Hould preferto keep it for awhiLe , I wi.Ll, try to get some positive, favorableanswer on your l'uami Lab layout. I per-sonalIy think ,Ie C8.n dosomething ,lith it, and would like to see it given as as assignment.

HEG,LEEnclosed:

~)3,434 35mm Lz-ansps , ~Jo",/7/ >l.~1,527 cut film ~2l

29 b&w contact sheets " »

------ -- - - - -NATIONALGEOGRAPHIG

rave erSeptember 26,1994

Dear Jerry Greenberg,

Heres to your perserverance and your gracious patience.

Enclosed you will find 14 duplicate transparencies that areidentical to the ones that were published in the TRAVELER's 1985Winter issue on John Pennekarnp Coral Reef State Park. Per yourrequest National Geographic's Illustrations Library currently doesnot hold any duplicate transparencies for that story. This willobviously remove any possibility of the Society ever publishing anyof the these particular pictures without your permission or yourknowledge.

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 notreceived it please give me a call and I will personally track itdown.

Again your understanding and considerate manner has beengreatly been appreciated.

Sincerely yours,

Winthrop ScudderSenior Illustrations Editor

1145 17th Street N.w., Washinglon, D. C. 20036-4688 Telephone: (202) 828.5485(i) Recycledcement paper

Fax: (202) 429-5712

FACSIMILE/TELECOPIER TRANSMISSIONCOVER PAGE

4

HUNGER OF PAGES (INCL.UDING COVER' PAGE):

TO:

FR(JoI:

305/667-3572

JERRY GREENBERG

6840 S.W. 92nd STREET

MIAMI, FLORIDA 33156

KeNT v. KQB&RST~ENPHOTOGRAPHIC DEPARTMENT

RATIONAL GEOGRAPHIC SOCIETY

1145 17th Street, N.W.

Washington. D.C. 20036

TELEPHONE NUMBER: (202) 857-7453

FACSIt1IlE/TELECOPIER /lUMBER: (202) 775-6141

-----------------.


X£NT J. KOBtRSTttN June 14, 1989A"ls,,,,,, U""

Hr. Jerry Greenberg(Pennekamp Reef Park/fl05738)

-2- June 14, 1989

4) By this Agreement you warrant to NGS that publication of anyphotographs taken by you on this assignment will not infringe upon anyright of privacy, copyright or any other proprietary right of a thitd

party.

5) All photographs taken by you under this Agreement will beconsidered as specially commissioned for use by NGS and upon creation allrights. including the copyright and world publication rights. to thesephotographs will automatically. by virtue of this Agreement. be deemedtransferred exclusively and indefinitely to NGS. subject to the followingprovisions:

(a) all photographs will be returned to you along with all rightsto said photographs under the following conditions: (i) none may bemade available to anyone for publication until siltty days after NGShas published its selections; (ii) it is understood that anynecessary rights clearance or release for non-NGS publication is yourindependent responsibility; and (iii) NGS may make and retain copiesof some of the photographs ("loeference selects") for referencepurposes only in its Illustrations Library;

(b) you grant to NGS without additional charge the right to useyour name. likeness and biographical material in connection with thepublication of any photographs retained by NGS under this Agreement;

(c) NGS may crop your photographs.

6) You undertake all work under this Agreement as an independentcontractor. NGS assurne~ no respons~bi1ity fo~ your health, safety orproperty or that of any person accompanying or assisting you. While onassignment in the field you will be covered by NGS'S accident insurancepolicy, which provides a payment of ~200,000 to you in the event of totaldisability or to your beneficiary. specified belOW, in the event of death,and lesser coverage for other injuries. The policy also provides up to$10,000 for excess medical coverage. i.e. for costs beyond those coveredby your own personal accident and health coverages. The above coverage isrestricted to you alone.

7) While you are on NGS assignment. NGS will payor reimburse you forall reasonable expenses and will supply you with film and processing. Atthe close of this assignment you will provide NGS with a diary of youractivities while on assignment, including an accurate and complete recordof the people and places represented in your photographs. A finalaccounting of expenses, supplies. etc. for an assignment will be due toNGS no later than two weeks after the work on that assignment is finished.Failure to reconcile expense/supply accounts with NCS in a timely mannermay impede payment of fees.

8) Your work on this assignment will not be considered complete untilso indicated by the Illustrations Editor. At the end of the assignmentyou will deliver to NGS all photographs you have taken on this assignmentas well as complete captions for your photographs. You will be availablefor a projection session with the editor to exp1a~n your work. If you are

Mr. Jerry Greenberg(Pennekamp Raaf Park/I/05738)

-3- June 14, 1989

called back for editorial consultation, you will be paid a fee of $175 perday plus expenses.

9) Tl1is agreement cannot be modified except by written instrumentsi8ned by both of us.

If the foregoing is acceptable, please sign and return the enclosedcopy of the Agreement to me.

Date lJ.31- S~I- 8a~Social security/

Federal lDll

J~'RY~~~~Check to be Written

to the Order of

©JER~Y GREeN'S~6-Credit Line to read

AlL R16H1$ R~SERVGC

KJK/mac

Insu(lJl~neficiary

Rebai~h1dl ~~ SrM'AMI.. Fl. '331S".6

Address

(For NGS records):Executed copy received:

Date

December 18, 1985

'0

•

Editor

Registration No. B-701984Date: July 15, 1971

May, 1971Vol. 139, No.5

Photos on pages 674 through 683

Registration No. B-402772Date: January 31, 1968

Photos on cover and pages 222-223, 225,226-227, 238, 240-241 and 251


February, 1968Vol. 133, No.2

Registration No. B-960824Date: March 22, 1962

January, 1962Vol. 121, No.1

rhotos on cover and'pages 58 through 89

Dear Mr. Greenberg:

In reply to your letter of November 15th toMr. Garrett, the National Geographic society hereby assignsto you all right, title and interest, including copyright,in your photographs appearing in National Geographic Magazine,

'as follows:

~r. Jerry GreenbergSEAHAWK PRESS!~~40 SW 92nd Street'M~arni, Florida 33156


I)'_-,..,~ ..». .1

December 18, 1985

20036WASHINGTON, D. C.

Registration No. B-70l984Date: July 15, 1971


May, 1971Vol. 139, No. 5

February, 196 8Vol. 133, No.2




yhotos on cover and·pages 58 through 89

~r. Jerry GreenbergSEAHAWK PRESS~~40 SW 92nd StreetMiami, Florida 33156

In reply to your letter of November 15th toMr. Garrett, the National Geographic Society hereby assignsto you all right, title and interest, including copyright,in your photographs appearing in National Geographic Magazine,

·as follows:

In reply to your letter of November 15th toMr. Garrett, the National Geographic Society hereby assignsto you all right, title and interest, including copyright,in your photographs appearing in National Geographic Magazine,as follows;

"

20036

December 18, 1985

""

WASHINGTON, D. C.

Sincerely yours,

/1 (..:::.~, I '\ ,I'/j");',-< ~,'"W2('N/,' , . /I

Registration No. B-701984Date: July 15, 1971


May, 1971Vol. 139, No.5


February, 1968Vol. 133, No.2



•


?hotos on cover and'pages 58 through 89

:1'11;

~~. Jerry Greenberg,SEAHAWK PRESS~~40 SW 92nd StreetM1ami, Florida 33156

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HA'l'IONAL GlDGRAPHIC Buck IBland_ Undemter Jewe1

Add,e ..

Name .. Jerry .Greenberg·.·Add,,,,,, .6a.40. f:N. .92114. s.tr.e~1:.1 .1'1.1~ ,. n!=l.1;'iAA. 33J.5.6..a.lml~S'!1" llotlt:hor.:.pr.opr.ietor..of..cO~j~*.;~;.w~~~,e. for. Jd~e..

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TITLE OFWORK IN WHICH RENEWAL IS CLAIMED:

photographs on pages 674 - 68,

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CONTRIBUTION TO PERIODICAL OR COMPOSITE WORK:

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ORIGINAl. COPYRIGHT CLAIMANT,

National G(Oogra:phic Society: original claimantA8.Sisnment of copyright to Jerr;y Greenberg 12/18/8,5Certificate of Recordation lEi/Sept/Bat Vol 2391

B-701-984

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FORM RE• AJb~l'lt..'d b)'OJpSO£'~""''''''''''''''

UNITED STATES COPYRIGHT OFFICE

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This Certificate issued unoer the seal ot the CopyrightOffice in accordance with title 17, United States ecce.attests lhalregislralion has been made torthe wor eti-tied below.Tbe information Or'! this certificate h enmade a part of the Copyright Office records. RE 723-71a

~6dt, - /IIJIIIIMP,Uili,Milmm

I EFH~TNE DATEOF P.Eo;~ALR.GI~TFlATlONt-'..arch...... 12..... ..1996

R GISlER OF COpytb:E: 1M.",,) .!~",) "".". IInUed Slates of ""

00 NOTWRITEABOVETHIS liNE. FOR COPYRIGHT OFFICE IlSF n"'L Y

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Claim'nsa •.

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Name ..•.•

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DEPOSIT ACCOUNT, IIIth" .eS''''o'oon Tool.,o b.ch~,god 10. nCPO;O-j CORRESPONDENCE (Give namo and add.... Eo ""hlch cO".,pond~_Accounl e"abli'hod mlh~ Copyrlghl Ome~ !I 0" nom" ond numbo. 01 ene. oboollhlsapp~collon.hoold \>.coonl) 6AccOW\IJ 1'1,,,,... .Jurry Gr~C!rbl,1rg.. " .•

Addro",..08~O ~ Sl2nd. S~.rC!C!t FO ...."'dAcco~ntN"",\>.cn .. I M:f;allli, .Florida. ::531:;;0 I""" • cO'~::::"d.

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FORM REUNITED STAlES COPYRIGHTOFFICE

-~--,,,

~~RENE\\,'ABLEMATTER:,

photG&rapbs Clppcarin,!; onCoYcr and 1111 PU!CI3 222, 223, 22~, 226, 227,,238, 240, 241, 251, 256 & 251•,,

.,CO,,'rRfBUTION TO PERIODICAL OR COMPOSITE WORK: SHARKS: 1'01Tes of the Sen.

T.:'-oll""~o1'''''011< """' ",ad. Inr~bt;-,I'>"d l.o,m.t J. IIt~~ o';gin,: ."g;"'alion 10' Ihl,_,x ""a, m,d" in~npobli,h"d 101m.S:~EOI-I-'Ull1.~"~I~N' ..o!~~'!Ar¥_-;"12,.~.~~.~~~.8. OR ~':~~oHiEGrSTRATIO:C............. -. ....................

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----National ®2ugravhir ji{agazin2

WASHINGTON 6, D. C.

Natiunal QhugrapJ1ir jJ{agaziu2WASHINGTON 6, D. C.

W. t.GA.RRtTT....." ..... Iuu.....,_. too",. W.t.G"'RRtTT

.........., ,"v ......"'.. t""oo ';ar.uc..ry 2, 1961

JUN~,I%O

. }\;: JerrY Greenberg':6840 S •. V. 92nd Street

Hie.mi 56, Florida

We will pay a premium. of double the normal page rate because ofthe difficulty of the job. This voukd amount to $200.00 a page or $100.00minimum per picture used in color. Considering a minimum sizeo! B colorpages ...e ...ould guarantee you $1,600.00 for the job. I 'Would, estimate thata successful job 'Would occupy no less than 16 color pages, and as high as24.

Enclosed is a check-for $1 , 500. 00 as an advance ~ow8rds expenseson the 8ssignm~nt. Please keep records for our Auditing Division. Theenclosed daily expense slips are used by the staff , and do have the advantageof providing 8 system. Use them if you like. As this money is used notifyus and we will try to guess how much mor~ if any' will be needed within reasonto produce a top story. If you have any questions on large expenses that youare -Tn doubt about call me and I will advise you.

~J By now you knov the good nev. that ~'e Editor has approved theassignment on Key Largo for you. I have received your list of expens~s andgone over them. In view of the unusual problems of working underwater Ifeel this is reasonable even though it adds up to over a hundred dollars aday.

.,c. ,

\".

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.,; ; , -,

'.'",.

d~)3.'34 35'"' tc-ansps , /~kCffi"r1,527 out film " J- ""flo-'- tY .29 b&\.I contact sheo ...", J

f932 b&:w n~b::;' 'u JTT"51. b;w pbc tca II iJ -s: - / _,). J'r"-" •.o- ./" ( 0 o-e Il-lj'TJ:LBEnclosed:

}~. Jerry C.cencerz6840 s • .Jl r 92nd st=-coctl-;iumi 56, !."ltJridu..

The rejectsaro yours , bu~ yeu understand that you ....ouldnot sell for publication pictures identical to these used by 'thel·laga:z.1ne.

Thanks for ssnding along the letters.

For the pz-ouent, I have not been able to cor-k on the cavematerial. If you need it. I can return it now, Lu~ I would 2referto keep it for avhfLe, I \.ill trj·to ,Get z.ome positive, I'avcr-ab'l eanswer on your t!.i.a.~ Leb layout. I porzonally think we can dosomething with it, and would like to s~e it given as ns assignment.

t·, .,Dear- Jerr": .. ', ~);.\ .

~ },"~ t:'~'·\ ~Today W3 ur-e returning all Cr~enGer;; Key, Lar62...picture3

still in our possession exc~pt ?4 sel~ct3 9ulleQ f~o~ !P~,~ssigmrent ohoe tdng Q..'1d 2J published l)icture:;. Ti:a"i-:l:·..!lUblishedfile pictures which you r~que3ted be returned p-re b~ing a~pl:rcatedand ve Hill send tho originals this ceek , Our files' are not incomplete aGreement with your list of· catarial. I think if youviII check, you ~ill find some of the material wr~ch you ro~ue3tedwas published and not In:1rked for return. I person...ll:r spent manyhours trying to organize all of this for rewc-n. I thit'.K you' ....illfind it in orcer.

file oelects 'I,'0111dAfter pUblication

us would be yours

All pictures used in the story plus a fe... forbecome the property of the National Geographic Magazine.in the MagaZine all rights on those pictures not held byto sell.

Insofar as The Society is concerned, you will undertake thisassignment as a free lance agent and L~dependent contractor, and not in anysense of the word as a person employed by the Society, directly or indirectly.Further, acceptance of financial and other considerations outlined in thisletter shall constitute an absolute release to the National.Geographic Societyof all responsibility for personal injury, and/or death, vhich may arise outof or result frem this assignment.

"-,.

~

Your sketches on the potential pictures for the story make verygood sense. As you knov from our conversations the key picture ....ill be aeuperwide shot. This may be two VeriWide shots side-by-side or' even :threeor four. 1 would like to be there to work with you on it, but 1 1m. notcOWlting on it. .

The niaht sho~ with the lanterns lends itself to a dramatic pic-ture l but it has to be more than just the lantern and man. In other words,it must be obvious that it is part of a reef story'and not in a pool.

-------

Nufinmd ®£ngtUJ!~it JllIUgUZill£~ WASHINGTON 6, D. C.

W.[.GARRETT......"_I""'n"""'.'rOO'g.

~ .~

.,(

Nr. Jerry Greenberg -2-

. Mr.' JerrY Greenberg..: 6840 s, w. 92nd Street. HiMii 56 ~ Florida

~) By ~ow yoU know the good neW5 that the Editor ha' approved theassignment on Key Largo for you. I have received your list of expenses andgone over them. In view of the unusual problems of working underwater Ifeel this is raasonable even though it adds up to over a hundred dollars aday.

""e will pay a premium of double the normal page rate because ofthe difficulty or the job. This would amount to $200.00 II page or $100.00minimum per picture used in color. Considering a minimum size of 8 colorpages we would guarantee you $1,600.00 for the job. I 'Would estdmato thata successful job would occupy no Iena than 16 color pages, and as high as24.

All pictures used in the story plus a few for file selects ....ou'Ldbecome the property of the National Geographic MagaZine. After ,pUblicationin the Magazine all rights on those pictures not held by us would be yoursto ::;ell.

InsornI' ae The Society is concerned, you ....il1 undertake thisassignment as a free lance agent and independent contraqtor l and not in anysen::;e of the word as a person employed by the SocietYI directly or indirectly.Further l acceptance of financial and other considerations outlined in thisletter shall constitute an absolute release to the National ,Geographic Societyof all responsibility for personal injury, and/or death l which may arise outof or result from this assignment.

Enclosed is a check for $1,500.00 as an advance towards expenseson the assignDllint. Please keep records for our Auditing Division. Theenclosed daily expense slips are used by the staff l and do have the advantageof providing a system. Use them if you like. As this money is used notifyus and we will try to guess how much more, if llnJ'i will be needed within reasonto proQuce a top story. If you have any questions on large expenses that you8re;In doubt about c~ll me and I will 8dvise you.

r

The brain coral looks promising•

The sled picture is excellent. It indicates possibilities forrecreational use of the area. In this same cateeorY would be the picture ofthe diver using your Rollei housing with the rin(f light on the front.

tFor a model be on the lookout ~or a full-breasted mermaid.

Letls plan to do a spread with 8 to 12 different types of coralthat are most common or most interesting. If you do not know which to selectlet me know and I will talk to a coral expert and make suggestions. Thiswould be in the nature of a catalogue of coral. Those represented in otherlarge picture~ in the series should be left from this collection.

Try getting on top of one of the lighthouses and shooting downinto the water. This is just a wild ideal but you might try a Penon orwide angle that would cover from the horizon (with a freighter moving acrossa sunset or sunrise) to the· base of the light scaffold looking straight downonto a shallow reef. If you look doYn into the water (calm niebt) from this·perch would you be able to see a model lighted by a flash or torch under-water? If SOl this would make qUite a shot. Perhaps having a small boat inthe middleground and a diver on the bottom lighted with flash would besUccessful. rhis may nIl be impossible. Even if the diver were_only 5 feetbelow the effect would be there.

If there is anything to be 0110\011:1 do not hesitate to rent a planefor an aerial of the reef.

1 1m going to see a park service man here who is well-informedabout this par~ and Yill pass on any ideas that come from him.

1 111 try to answer your questions. We-cannot restrict·usc of yourf110s 1 but would expect that you not produce a story on the reefs for anothermagnadne , {;r/f/ll /JW/JV

';O~I/

The proposed author for the nrticle is Mr. eho.rles Brookfield. Wewill cee that you two get together as soon as his assignment is firm.

:.0;,;.

5

6s..."""""""."",.... """"'.. "" work••Irudy bcool..."...."'u~on 10' period.icd, ;;rial.o'colI«tion. p~ !Nonr>alion.1>0"1 thecoUedl.e ..otk In .. hich the evntri""tIon 'ppo_d. Till. of CoU_n Won.: '"

National Goographic TRAVELERIfpubU-oho- rn-id.by m. In !hi> .pplilion ore eottO0d,....appilc.a1"".,..-...• Eno:_oiOtrfio-,.

Lr IIt"d.. ,ln.n .1&'1""1< IXITMAlLCERnA-CATETO

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PREVIOUS OR. ALTERNATIVE TffiEST

u1y, 1990 pgs. 114-132.,,"'"""-oZo",~,.,,*=MAIL "ame"CERnA-CATETO

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b

IMPORTANT INFORMATION13 ASSIGNMENTS IN 30 YEARS (1960-1990) & ADDITIONAL INFORMATION

PENNEKAMP PARK ASSIGNMENT:

JUNE 1960

ASSIGNMENTA&B

JUNE 1962ASSIGNMENTG

AUG.- OCT. 1962ASSIGNMENTC

JUNE 1963

ASSIGNMENTA&D

JUNE 1964

ASiSIGNMENTC

SEPT. 1965ASSIGNMENTA&C&D

JAN. 1966ASSIGNMENTC

They keep photos used "plus a few selects" The © on photos used in Jan.1962 article were later assigned to JG. They ended up taking over 50'selects!

SUBMISSION OF MATERIAL FOR 1ST EDITION OF FISH BOOK.June 25. 1962. Any dupes made of these JG file items?

VOSS CORAL REEF ASSIGNMENT: No photos were publishedbut they kept 4 chromes August 8, 1962, October 12, 1962

SHARK ASSIGNMENT: They keep photos used. "Unused orunpublished photos will be returned".... The © on photos used 111 Feb.1968 were later assigned to JG. Selects were taken from material beforepublication for other than magazine usage. June 20, 1963:June 25, 1963

IMPORTANT purchase ofBull Shark chrome April 30, 1964 with termswhich are contrary to submtsston terms June 25, 1962.

SEA LAB ASSIGNMENT June 26, 1964, done with the understandingthat "unused or unpublished photos will be returned" as previousassignment. with Gllka on shark assignment. Selects were later pulledwithout permission. See March 13, 1969

VIRGIN ISLAND NATIONAL PARK ASSIGNMENT: Sept. 23,1965\'!;,.'.

I . .,Tlmllary 20, 1966. Photos neversel~ pulled by Bob Patton March

39

APRIL 1966A&C&D

MARCH 1967

ASSIGNMENT

APRIL 1968ASSIGNMENT

JUNE 1989B&F

IMPORTANT

IMPORTANT

E

E

REQUEST FOR ASSIGNMENT OF COPYRIGHT on the three majorphoto essays that appeared in magazine in 1962, 1968 & 1971.Nov. 15, 1985.

ASSIGNMENTS OF © GIVEN. DEC. 18, 1985.

PENNEKAMP PARK ASSIGNMENT: 30 years later. I refused toaccept this assignment unless it was on the basis of the same terms asthe Traveler ASSignment ofJune 8, 1984. t.e.: one time use only, allmaterial to be returned and I pull my own copyright. there was a meetingof the minds on this and I signed the assignment contract (June 14.1989). Note: "all rights" and "reference selects".

VA copyright on JG photographs that appeared in the July, 1990 issue ofNational Geographic article on Pennekamp Park. Also VA copyright onNational Geographic "selects"

VA copyright on JG photographs that appeared in Winter 1985 issue oftraveler.

LETTER OF COMPLAINT to National Geographic Magazine/Traveler RE:copyright infringement.

THERE WAS A COPYRIGHT INFRINGEMENT of a Jerry Greenbergphotograph in a special membership promotion piece. (Sept. 25, 1975) &(Oct. 15, 1975) JG original copyright of 1969 & 1972 were infringed upon.

THERE IS VERY GOOD EVIDENCE THAT THE PHOTO LmRARY@NATIONAL GEOGRAPHIC MAY HAVE IN ITS FILES A NUMBER OFUNAUTHORIZED DUPLICATE TRANSPARENCIES. There were manyinconsistencies of what was agreed with JG and assigning editor(mainly Bob Gilka) and the realities of unauthorized pulls (selects andotherwise) of JG chromes.

WITH THE EXCEPTIONS OF THE ORIGINAL (JAN. 19621 ASSIGNMENTAND THE LAST TWO ASSIGNMENTS FROM THE NATIONALGEOGRAPHIC (TRAVELER, WINTER 1985/1996 AND NATIONALCHEOGRAPHIC MAGAZINE JULY. 1990) The only chromes thatshould be in the photo library are items that were shot on assignmentand used in the specific corresponding article or book.

41

IMPORTANT

Most Recent© Infringementby NGS, StillNOT RESOLVED!

NATIONAL GEOGRAPHIC SOCIETY

Mr. JenyGreenberg6840 S.W. 92nd StreetMiami, FL 33156

Dear Mr. Greenberg:

OCT. 26, 1995

As audiovisual coordinator in charge of clearing photos for use in theNational Geographic Society audiovisual division's programs andproducts, it is my responsibili1y to inform you of an oversight with regardto the use of one of your images. The photograph in question (of a seafan, Jan, RFP67F36J. was selected for use in the enclosed color brochurepromoting the 1996 Jason Project, which the national geographic societyparticipates in each year. This picture was originally published in the July1990 story on Florida's coral reefs (p.130). Unfortunately, the slide OFyour photograph was sent to the engraver and the brochure publishedbefore I was asked to research appropriate payment for its use. since yourcontract states that all rights to the published as well as unpublishedphotos from your asslgnment reverted to you, we have albeitunintentionally - violated your copyright. In addition, we cropped andreversed your photo, the credit line does not refer to you as the copyrightholder, and regrettably a "U" was substituted for and "E" in your lastname at some stage in production.

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 wewanted to contact you as soon as posstble after realizing the oversight,The only remedy for this violation at this time can be monetary. To thatend 1 should inform you that we are dtstrtbutmg 5,000 copies of thebrochure, and that your photo constitutes less than a quarter pagewithin the brochure. Normally our payment for such use would be$50.00. Under the circumstances, we would like to a acknowledge ourerror and demonstrate the stncertty of our apology by offering youcompensation in the amount of $500.00.

If you would be so kind as to phone me at (202) 775-7885, or write to meat the address below, we would like to settle the matter as soon asreasonably possible. Alternately, you can send me a fax t (202) 775-6126.the address is:

National Geographic Society1145 17th Street NWWashington D.C. 20036-4688ATTN.:.~CKWHEELER

1 look forward to hearing from you.

Sincerely yours,

Rock C. WheelerAudiovisual Coordinator

42

....IMPORTANT CORRESPONDENCE FROM NGS FOLDER II 2 (1962-1964), , ,

NOTE TONorman .-Davis

AUGUST 28, 19627·G

OCT. 9-12TH 1962

3-C

MARCH 29, 19637-G

APRIL4, 1963

2-B; 7·G

APRIL25, 1963

JUNE 20, 1963VERYIMPORTANTI-A

JUNE 25. 1963

7-G

TARTING THE LEGEND.... "For usc in the nationalGeographJe Society's pu blieaUons and for other purposes related to the

Iety's objectives" used in correspondence and in back of checks.

RE:REVISED EDmON OF BOOK OF FISHES. Sec JG originalterms of sale for this project to Art Terry [.June 25, 1962).

RE: PAYMENT FOR 2 DAYS WORI, ON GIL VOSS CORAL REEFASSIGNM1~NT.$200.00. Dob Patton to JG. "I wJIl hold 4transparencies on the basis of the above payment for possible usc in thefuture. II

RE: PAYMENT FOR I·COLOR TRANSPARENCY.What chrome was this? (JG)

FOR MARINE BlOFLUORF..sCENCE. Jerry Greenberg Note; I believe thiswas a JG file chrome but may have been part of the Garrett "54 selects"(Janumy 2. 1961). article appeared in August, 1963 National GeographicMagazine.

RE: 8·COPIES OF UNDERWATER PHOTOGRAPHYSIMPLlFJJ5D sent to NGS Photographic Dept.

ASSIGNMENT OF SHAR" STORY. Bob Gillm to JG Important!"unused 01' unpublished photographs wJ1l be returned to you. After thepublications of our magazine story all rights .... n

RE: THE STATUS OF JG HLE SHAR" PI-lOTOS THAT ARE USED INARTJCLE TO BE RETURNf5D TO JYlE. dupes held, ok, JG toBob G11Im.

2

·...IMPORTANT CORRESPONDENCE FROM NGS FOLDER II 2 (1962-1964)

AUGUST 8, 1963

7-G

AUGUST 30, 1963VERYIMPORTANT3-C

JANUARY 27, 1964I-A

MARCI-I 26, 1964I-A

APRIL 1. 1964

7-G

.' RI~: THE REPRODUCTION RIGHTS OF' 6 COLOR TRANSPARENCIES TOBE USED TN NGS BOOK OF I"ISJ-IF~,)- "NGS publications and for other

. purposed related to the soclcty's objectives" IMPORTANT! This is not inkeeping with the original arrangement made with Art Terry "one timereproduction rights .. __ ." (June 25. J962).

RE: DESCRIPTION OF "WORK BOX" OF 7 SHARI' ASSIGNMENTCHROMI',s. IMPORTANT mention of Leonard Grant corning by to "review111y selects" for his book use. This was not in shark assignnlcnt 'madewith GUka. (,June 20, J!)G:~).

HE: ASSIGNMENT TO DO PHOTOGRAPHS FOR Nr:WGeographiC book World Beneath the Sea. Bob Glil", to JG.

PAYMENT FOR 2-CHROMK,) (underwater research) "FQr other purposesrelated to the society's objectives" ($500.00). What chromes were they?(JG)

RE: PAYMENT FOR BULL SHAR], PHOTO IRA-18). Terms of theirpayment contrary to what was worked out with Art Terry (,June 25, 1962)for use of my file photos for 10001< of fishes. this bull shari, photo appearedin 2nd edition of book of fishes.

3

.,

IMPORTANT CORRESPONDENCr~ WITH NGS FOLDER # 3 (1964-1966)

MAY 13. 1964

MAY30. 1964

JUNE 14. 1964

IMPORTANT!

JUNE 26. 1964

JULY 15. 1964

7-G

DEC.16. 19643-C

DEC. 18. 1964

MARCH 3. 19657-G

APRIL 12, 1965l·A

MAY4, 1965

RE: RI~TURN OF CHROME:S FROM U/W RESEARCH TAlm."WIpes our books clean of this material." "Mr. Chamberlain was In todayand selected 10 transparencies to talk to you about. they are in aseparate package in this shipment.. .. "

RE: RI::PORT TO GIU\A ON SEALAB I UrE MAGAZINE ASSIGNMENT.

1m: ACKNOWI.EDGMENT AND APPROVAL OF 1'01\ "ANYOTHEI\ PUHPOSE RELATED TO... " I OI{'D THIS BUT DID NOT GJVE UPMY RIGHTS TO BE PAID 1'01\ THE RE-USE OF MATERIAL THEY HELD.

RE:EXPENS&') FOR SEA LAB I ASSIGNMENT.

RE: ADDITIONAL $200 PAYMENT FOR SCHOOLING SPADEFISH PHOTOreused on cover of wondrous world of fishes. ALSO MENTION Of nmmMAIGNG DUPES OF JG FILE PHOTOS. Spade fish school shot is fromoriginal Pcnnckarnp Park assignment.

RE: Sr~A LAB I Patton to JG. "Returning all rejects fromSEALAB will HOLD 59 TRANSPARF,NCIK') FOR FUTURE USE."

RE: LEONARD GRANT ACI

IMPORTANT CORRESPONDENCE WITH NGS FOLDER # 4 (1964-1966)

AUGUST 12. 1966

AUGUST 17, 1966

AUGUST 24. 1966

FEBRUARY 19. 1967VERY IMPORTANTI-A

FEB. 21.1967I-A

FEB. 20. 1967I-A

FEB. 24.1967VERY IMPORTANTI-A

MARCH 21. 1967

MARCH 13. 1967IMPORTANTI-A

RE: .JG UNAUTHORIZED USE OF NGS type and layout of .JohnPennckarnp Parle map, Edwin SnJder to ,TG.

HE: JG UNAUTHORIZED USE OF NGS TYPE and layout JG answerto Edw;n Snider.

RE: ,JG UNAUTHORTZED USE OF NGS '[YPE and layout Mel Payneanswer to JG.

RE: DISCUSSION ABOUT .TG DOING MORE SHARI< photographs forassignment also mention that "Unused or unpublisncd photographs wJJlbe returned t.o me" .JG to Bryan Hodgson.

RE: OK ON ADDITIONAL SHAR1{ PI-IOTO COVERAGE Bryan Hodgsonto JG

RE: ASSIGNMENT OF U(W COVERAGE: OF ED LlNI{submarine inFreeport. Bahamas and ole on acldltJonai shark photo coverage. BryanHodgson to JG.

RE: JG ACCEPTANCE OF LINT{ U (W ASSIGNMENT FOR BOOI< USE. 'AllItems not used In tile book wIll be returned to me." JG to Bob GlIka.

RE: CONSULTATIONFEE, For shark story on JG trip to. Washington D.C. $248.52.

RE: BOB GlLl

IMPORTANT CORRESPONDENCE WUB NGS FOLDER # 4 (1964-1966)

, ....

MARCH 28, 1967IMPORTANT7-0

MARCI-128, 1967

MARCI-128, 1967I-A

MARCH 30, 1967INIPORTAN1:

APRIL 11. 19677-0

APRIL 17, 1967l-A;7-G

MAY 6, 1967I -A; 7-G

MAY 5, 19697-G

RE: DAVE BRIDGE (SPECIAL PUBS) ACCEPTING ,m PRIC&'i FOR FILEITEMS THAT WJLL APPEAR IN NEW BOOK "THE WORLD BENEATH THESEA." For "One-time inside editorial use in the first edition of WorldBeneath the Sea, all pictures not otherwise owned by NationalGeographic to be returned after usc...." "For shark material not used inthe magazine, (shark assignment) $150.00 for pull page color with aminimum..."

RE: ADDITIONAL US8 OF NGSf,IG PHOTO (JUDY M8ADI;;l.bcing used inspecial publlcatlons announcement. $75.00. Donald Crump to JG. Re-use of \JG photo from the orjginal Pcnriekarnp Park aSSignment.

RE: BOB GILI{." ASSIGNM8NT TO ,iG MARINE LAB IN BIMINI FOR BOOK"WORLD BENl;;ATH THE SEA."

RE: VilLLMAI'E SELECTS (FOR BOO]\) AND SEND BALANCE WITHDUPF;) OF SELECTS TO YOU. DavId BrIdge to JG. Select for magazinearticle usc is one thing. Selects for permanent collection is another (JO)

RE: li:EEPING "14-35mm TRANSPARENCIES WHICH 1PIC],ED FROMYOUR NOTEBOOK" Personal file material. ok on $200.00 presentation feefor JG file material. "World Beneath the Sea." Dave Bridge to JG.

RE: RETURNS OF ASSiGNMENT AND ,iG FILE SUBMITTED MATF-RIALFOT< OUR BOOI, WORLD BENEATH THE SI;;A. We are holding 35-35mm color transparencies (13 from submitted material and 22 fromassigned material.... dupes of the 22 from assigncdmatcrial. ...dupes of the22 from assigned material are also enclosed) and 11 color cut film fromassigned material.:" Dave Bridge to JG.

RE: SENDING 4-GLASSINE SHEETS OF UIW ACOUSTJC MATERIAL.(Dr. SteInberg & U/W sound source.) Also enclosIng 4x5 sheet holding 4-35111m JG file panorama chromes. JG to Dave Bridge.

RE: SHARI, STORY. BRYAN HODGSON TO ,iG, "You were righl:. ..thesedon't fill the bill. I had a couple of b&w prints made for the artistsreference, but have made no selects." enclosed 30-35mm transparcncles.

JG flle material (Bull Shark) & other usc as art work reference

,7

IMPORTANT CORRESPONDENCE WITH NGS FOLDER # 4 (1964-1966)

MAY 11, 19697-G

MAY 11, 1967l-A;7-G

JUIX7,I967

JULY 20, 1967IMPORTANTI-A; 7-G

AUGUST 9, 1967

RE: SUBM1SS10N OF'5-35MM FROM ,10 FILE chromes showing diving.VL. conservation offlces destroying iJJegal lobster traps. For World Beneaththe Sea book JG to Dave Bridge.

RE: RETURNOF MATERIAL. "I will assemble the rejects from all oFyoursubmission, assigned and otherwlse, and return them to you. Dave Bridgeto JG.

RE; iTEMS USED IN WORLD BENEATH THE SEA. 17 Photos may beused.

RE: PAYMENT For one-time reproduction rights to 31 color photographsused in World Beneath the Sea. appear on pages-2-3, 12,22-23, ,90,98,102-103,173,182-183 and 191 (scephoto copies of all JG photos inWorld Beneath the Sea.)

RE: RETURNlNG 454-35MM chromes and 26-35mm panoramachromes (,10 file material) "holding 31 color transparencies forpu bllcation" Carol Oakes to JG.

NOVEMBER 7, 1967 . RE: THEIR CHEC1< NOT ACCEPTABLE DUE TO TERMS ON VOUCHER.IMPORTANT ThIs was payment for JG file photo (n-Il Hammerhead Shark Check and7-G voucher returned to NGS.

OCT. 30, 1967IMPORTANT7-0

NOV.26, 1967·IMPORTANT7-0

NOV. 19, 1967IMPORTANT7-0

RE: NEW VOUCHER SENT TO ,)G covering I-time use of HammerheadShari, photo (n-I) $400.00.

RE: 3-,JG FILE ITEMS MISSTNG and have "not been returned tome." one was roll film RG-3T and other two 'backllghtec shots of a white-tip shark and arc mounted in conventional 35mm slide mounts ,1G toBryan Hodgson.

RE: MTSSING 3-,lG FILE CHROMF"s. JG to Bob Gilka.

8

IMPORTANT CORRESPONDENCE WITH-NGS FOLDER fI 4 (1964-1966).--'

DEC. 29, 1967IMPORTANT7-G

JANUARY 5, 19687-G

\ JANUARY 16, 1968

JANUARY 30, 1968IMPORTANTI-A

JANUARY 31, 19687-G

APRIL 22. 1968IMPORTANT

APRIL 28,1968IMPORTANT

MAY 1. 1968

RE: MISSING SFIARK TRANSPARENCTES "Amystery which wasdeeper than either of us suspected." "Several other 'prctures of yourswhich I am returning." ''They were in the possession ofBilJ Bond. whoused them as reference material for his painting in the sharksstory."Bryan Hodgson to JG.

RE: THANKS FOR RETURN of ,m missing filc items andadditional selects. also asking for return of 8-boxes of chromes ofmounted sharks. JG to bBryan Hodgson.

RE: THANT{S FOR BUNDLE OF FEB. 1968 issues on NationalGeographIc magazine shark StOlY) "still hying to locate some shark Itemsthat were not returned and thatwere not used in the article." .JG toBryan Hodgson.

RE: CONGRATULATIONS FOR SHARI{COVER ON FEB: 1968 issue ofmagazine. payment of $300.00 which will be deducted from yourminimum guarantee. New balance of$725.00.Norman Davis take notel

RE: RlnURNTNG 9 MORE CHROME'A'3 Includlng "Bite Meter.""These had somehow gotten into another workbox." BryanHodgson to JG.

RE: NEWASSIGNMENT I;OR HYDRO LAB TN USVI. FROM GILl{A. "Any ofyour photographs WhICh are published in the underwater book revision)Or any other publication of the society will become the property of theSOCiety." Gilka to JG. This may have been a magazine asstgnrnentl (JGnote)

HE: ,TG REFUSES ASSIGNMENT from National Geographic onground of ownership of photos pu blJshecl.

HE: GILKA'S ANSWERTO ,IG. "Don't agree on your stand onrights"

9

, ,."

.tj

o pJ;NNEf::A\Ar',Pjt-RK A-5S/6IJMBpr:, '-rnet1(fa=p p~ QSb"YJ p.~US A Ffl.IJ S Gl.ECTSTI-IE@oN PH

,

o VIRb.tN ISLAN]) NIFrtCJNfJL PARK /J-ss/tHJM£NT: SBJT. as, fCl6S

o GAa;AJ tURTlE ASs/CjIJ;J;t£AJTg JANuARY .~~ /966. P/IOTDsNE[J£R RUN 45 A P/£CG. £/iVAtl.71-fORIr£t; SEL£CTsPULLm er 8fJB Pf}TToN tU4RCH I~ /9{,6

o VtR6-IIJ ISL..4IJDS M4Tt;:'RIAL PClI.J.El) I1PM SEPT.::}3;I9BS

ASS/GlJIl1£Nr IJAJD lISR) IN. (1J/}-T!OAJ/)L fJ!JR/fS STORYII AtI1 ALSo I?EEP/IVC- FIVE; P/C17.lIY£S FoR oUR..

PERM4N£;f!T FILE," SEE 13. HoDtiSO(1) APRI/. ~ 1-, /CJ6b

"o ASSIGNM£AJr FoR BOOk "{)Jt?RLD egvflA-T/-J Tl-JG St:A:/I WE WILl. RcrA-IN A-LL OF THI: plJ«()6R1JPIJS ()JE: PlISLJSjJlJ .

A/VD WE WILL RGTlIR/IJ TO vou 4L.L..•••• ,"It!L4RCfj I~ /961

o ASS/6-NM8NT FOR HYDRo L4-B APRIL ~~; /91>8

o .ASSJ6-!JM£Nr R£F4S£D! APRJL a8; /968

o f6C/Ck. /SL4IUD AS51G-NM£J1JT: J f.//tJE 30;/969

o ACQ;PT,4NCE of €C/c,J:; fSUWO A-SS/6-NI4ENT BI./T... ':TG- NIlSII O}JLy~ P(}Or0UMPf}-S Tl-lA-r ARE U)'E /}.J 11Jl: ArmCiE ©.

T!JA.f 1 pfj(J(0 6R4PJJBJ :;.... JULY 1;)/ /969 ALSO 4.11(;.d, /971SEE '1; .

o VfRy (MPoRTIMJT! AL/t.qgT 13, 1969 FRoM 808 G/LkfJ

e MINtRAL W6ALTH FRoM Tf/£ ~8IJ ;tSSIt>t1JM£;VT. !ft/C,IS; /910

o ()NI}UTl-kDRlrBJ SELECTS· TWJ.7 tJJr;;RE tI~£rJ INI( TR8If~ctRg (!)J:2 1YE stA ~ JftltJl)4Ry 6, 1'1 t 3

FROM VtR6-!JJ ISLAND M4r91IAL OR 8t1CK /SL4!VfJAss/(;;tJ/I!J£NT. J4tJ{/4Ry, s. /99-~

II

o RfPRooqcnoN QUALifY DUPES 01= TlfE PICTClf{£S IISEPTEM8t;f( ~ 8, 19is

o UNAU:{fj-of).1 t:Eo tis£" (!)F :I"&- PfR$o;VAL C!fRoM£ FOI2.SP£q~ M£M8S?9+IP fJROM0T70;t) P/~. WI: ';;{~ ICJjS'--4L5'0 'iEE (){:::Togm IS: 19'!S NC-S l.s:rTl;r(.

o RE USl? OF Nf+.TiON4L G£

o

o

o

o PENtJEkAMP PARk ASstGNMt;Nf; 30 YE4R~LATER 0 I REF(,{SEO TO AccEPT THI5 ASSIf>.NMF;/Jf

UNLESS IT wAS oN THE BAS'I S OF THE SAME

TB0V1S AS tHE TRAV6L.8? AsSIGNM£NT 0 F

JUN!; 8, 1'184-. IE; ONE nl!1E C/5F ONL'I~ ALLM4-T£RIAL TO 8E RETClRAJ£D cf.- I Pt1LL My OWN

copy RIGHT. THE'RE tVA-sA- MEET(JlJ6.: oF. T}}EMINDS ON THIS AND J S/t>/V£D TilE ASSI6iVf10vT

colJrRACT (Jt..I/tJE Ill; 1989), NOTE/itLL RIr:J.l}TS II

AND ('Ra:EREIIJCE SEI.ECrr~'

VACoPyP.16.tJ-T 0 rJ 0G- PH6(D GR4Pf.}(j; TIJ,fj.T 4PP{;)jP/;b

\

IN 7H£ JULY, 19C/D ,/55C1E OF N/lTIONAL ~HJC4RTICLE o;v PEN/VEKAMP PI)Rk. AL50 VA

CO pyRJ6-HT ON N/rTlO;lJA-L CE.o6RJ)PI)JC l"5'EL.£cTS 'I

VA COP'lR/G-tj-T o» J"G- P/-JOTOGRAPH~ T!M-T !lPPBfRBJIN UJINf£R /Cf8s /5SClE OF TR!J.IJEL£'R

l.EfT£R cr>F COtt1P!J}f/!Jf TO NIt-TlotVAL GEo6rG4fJHJCM4GAc(N£ !Tf.?AVEI£R Rr; CDP'/RIWT IIVFRI/IJ6iYI£;vr

17/£~[ tu.J1$ r1 coPYRt6.H-T /NFR/NGEM£jJf of A"J"t;RRy r1f?GE;V@l=f?G- fJlf6!V61e4P1J /;t) WE M4-fjJOJ/JJfJRJL. /qqq- /SStLE (!)F -rR4VEW< ;U4GAZ//VG (M4rrr;J -0/99'1-)

THERE wAS fiN ClNJ}tLT!JORll£O U5/i OF .4 ZfGRRy(JREcNg£RC- Pf}e1"t){jR4fJfJ ltV .4 5P£CtJ}L M&W~HIP

PROM01IOA) PI£CE •(SEPT. ~ s:. Ie;' J-S) ef- «9C70!5l"R IS; 19;-5")"J(;' ORJb.JNAL COPYR1G..!1-TS of I Q6'l 1- ICf"td. Wl;RE INFRING&-o qPON

-r/-J{PE I~ vmy ~{)D £U/DEIVCE tl//fT 71-JE P/-j-(:rrOLlBRARY @ N!J-T!oIJA-L 6Eo&!IiPfJIC ;U4.Y JI!J.v£ IN

UNAa~/Y;:O .Irs FiLE!; A- tf)(/Ml3b'R (~F DClPLIC/.}-7E TRlWSfJ/J.R;;;1JCIGS

~@R/~~4L . 0THERE W9?E MANy I NCONs/STeNCI£S of C1J/)J)T OJA-s

WA-S~ ClP WITH- ;JG- cf- f/SSIt>.!UltV6- £1JIToR

(MA-WLy gog ~/L/(4) ANI), TJ/£ f1E/lDT!li'S OF

UN4UTJ.jof(/ lbb PtlL1.f (£t;/£GTS eJ- 077-!B?IJJ/Sl;) o!=

'06- C/-f{f)MFS c>

WiTH Tffl; EXCBJT!{)NS (!)f:= TffE" (!;Rltrltf/4L (Jt9ftJcIfJRy /96'J.)ASSIG-I1JAABJ/ ef- TIfE L4STTWo A-SS/6NM£NrS~M

THE AJ/t-TlOJJ,4-L 6BJ6R/)fJff)C, (TRAV£~ WIAJf92. 1985:/86cf- N/f-TION!-J.L {J£;o(JRAfJI}/C M46A-iYI1JE (JI./L~ 199()) 'T1fE o).xyCHROMB'f1JJJ-r s/-JOc/t.lJ gE IAJ TlIE PIftJTo UBR4Ry AREItEMs 7f14T ()J,g(c S/IOT OIJ /l-ss/6-A);t4E/JT cf- Cl5,f'Q IAJTffE 5P[CfFIC CDRR£sfJr1/llD/!VC- ItRTJCI.£.

IMPORTANT INFORMATION

13 ASSIGNMI::NTS IN 30 YEARS (1960-1990) & ADDITIONAL INFORMATION


JUNE 1960

ASSIGNMENTA&B



JUNE 1963

ASSIGNMENTA&D

JUNE 1964

ASSIGNMENTC



They keep photos used "plus a few selects" The © on photos used in Jan.1962 article were later assigned to JG. They ended up taking over 50selects!

SUBMISSION OF MATERIAL FOR 1ST EDITION OF FISH BOOK.June 25. 1962. Any dupes made of these JG fJle Items?

VOSS CORAL REEF ASSIGNMENT: No photos were publishedbut they kept 4 chromes August 8. 1962. October 12. 1962

SHARK ASSIGNMENT: They keep photos used. "Unused orunpublished photos will be returned" .... The © on photos used In Feb.1968 were later assigned to JG. Selects were taken from material beforepublication for other than magazine usage. June 20. 1963:June 25. 1963

IMPORTANT purchase of Bull Shark chrome April 30. 1964 with termswhich are contrary to submission terms June 25. 1962.

SEA LAB ASSIGNMENT June 26. 1964. done with the understandingthat "unused or unpublished photos wl11 be returned" as previousassignment. with Gilka on shark assignment. Selects were later pulledwithout permission. See March 13. 1969

VIRGIN ISLAND NATIONAL PARK ASSIGNMENT: Sept. 23. 1965

GREEN TURTLE ASSIGNMENT: Ja,nuary 20. 1966. Photos neverrun as a piece. Unauthori:i:!£4 selects pulled by Bob Patton March18.1966. '

39

APRIL 1966A&C&D

MARCH 1967

ASSIGNMENT


JUNE 1969

ASSIGNMENTA

VIRGIN ISLAND MATERIAL PULLED from Sept. 23, 1965assignment and used in national parks story "Am also keeping !lvepictures for our permanent ftle'' see B. Hodgson april 27,1966.

ASSIGNMENT FOR BOOK "WORLDBENEATH THE SEA:" "We willretain all of the photographs we publlsh and we will return to you alI..."March 13, 1967.

ASSIGNMENT FOR HYDRO LAB by JG April 22, 1968.

ASSIGNMENT REFUSED! APRIL 28, 1968

BUCK ISLAND ASSIGNMENT: JUNE 30, 1969.

Acceptance of Buck Island asstgnrnent but...JG has "only thosephotographs that are used In the article © that I photographed".... SeeJuly 12, 1969 also see Aug. 2 1971 letters.

RE: ADDITIONAL PAYMENT FOR RE-USE OF PHOTOGRAPHS."...we have established a polley here about payment for re-use ofphotographs. You should be protected if any of your pictures are used a2nd or 3rd time in National Geographic publications". Bob Gilka to JG

VERYIMPORTANTI AUGUST 13,1969 FROM BOB GILKA

AUG. 1970 B MINERAL WEALTH FROM THE SEA ASSIGNMENT. AUG. 15. 1970ASSIGNMENT

UNAUTHORIZED SELECTS that were used in 'Treasures of the Sea."January 3, 1973 from Virgin Island material or Buck Island assignment.January, 1973.

"REPRODUCTION qUALITY DUPES of the pictures" see letter Sept. 28,1973

E UNAUTHORIZED USE ofJG personal chrome for special membershippromotion piece. Sept. 25, i 975 also see Oct. 15, 1975 NGS letter.

REUSE OF NATIONAL GEOGRAPHIC. Jerry Greenberg shark photo withadditional payment of $200.00 nov. 25, 1980.

JUNE 1984

ASSIGNMENTF

FLORIDA MARINE WILDERNESS ASSIGNMENT for TravelerMagazine. One tIme use only return all chromes lpubllshed or not). I willretaIn copyright and pull my own VA form June 7, 1984. Gilkaacceptance: June 8, 1984.

40

JUNE 1989B&F

IMPORTANT

IMPORTANT

E

E

REQUEST FOR ASSIGNMENT OF COPYRIGHT on the three majorphoto essays that appeared In magazine in 1962, 1968 & 1971.Nov. 15. 1985.

ASSIGNMENTS OF © GWEN. DEC. 18, 1985.

PENNEKAMP PARK ASSIGNMENT: 30 years later. I refused toaccept this assignment unless it was on the basis of the same terms asthe Traveler Assignment of June 8, 1984. i.e.: one time use only. allmaterial to be returned and I pull my own copyright. there was a meetingof the minds on this and I Signed the assignment contract (,June 14.1989). Note: "all rights" and "reference selects".

VA copyright on JG photographs that appeared in the July, 1990 issue ofNational GeographiC article on ?ennekamp Park. Also VA copyright onNational Geographic "selects"

VA copyright on JG photographs that appeared In Winter 1985 issue oftraveler.

LETTER OF COMPLAINT to National Geographic Magazine /Traveler RE:copyright infringement.

THERE WAS A COPYRIGHT INFRINGEMENT of a Jerry Greenbergphotograph in a special membership promotion piece. (Sept. 25, 1975) &(Oct. 15, 1975) JG original copyright of 1969 & 1972 were infringed upon.

THERE IS VERY GOOD EVIDENCE THAT THE PHOTO LIBRARY @NATIONAL GEOGRAPHIC MAY HAVE IN ITS FILES A NUMBER OFUNAUTHORIZED DUPLICATE TRANSPARENCIES. There were manyinconsistencies of what was agreed with JG and assigning editor(mainly Bob Gilkal and the realities of unauthorized pulls (selects andotherwise) of JG chromes.

WITH THE EXCEPTIONS OF THE ORIGINAL (JAN. 1962) ASSIGNMENTAND THE LAST TWO ASSIGNMENTS FROM THE NATIONALGEOGRAPHIC (TRAVELER. WINTER 1985/1996 AND NATIONALCHEOGRAPHIC MAGAZINE JULY. 1990) The only chromes thatshould be in the photo library are items that were shot on assignmentand used in the specific corresponding article or book.

41

IMPORTANT



Mr. JenyGreenberg6840 S.W. 92nd StreetMiami. FL 33 156

Dear Mr. Greenberg:

OCT. 26, 1995

As audiovisual coordinator in charge of clearing photos for use in theNational GeographiC Society audiovisual divtsion's programs andproducts, It is my responsibility to inform you of an oversight with regardto the use of one of your images. The photograph In question (of a seafan. Jan. RFP67F36), was selected for use in the enclosed color brochurepromoting the 1996 Jason Project. which the national geographic societyparticipates in each year. This picture was originally published in the July1990 story on Florida's coral reefs (p. 130). Unfortunately. the slide OFyour photograph was sent to the engraver and the brochure publ1shedbefore I was asked to research appropriate payment for its use. since yourcontract states that all rights to the published as well as unpublishedphotos from your asstgnment reverted to you. we have albeitunintentionally - violated your copyright. In addition, we cropped andreversed your photo, the credit line does not refer to you as the copyrightholder. and regrettably a "'U" was substituted for and "E" in your lastname at some stage In production.

Mr. Greenberg, we realize the importance of copyright,and that we havecommitted a serious violation. At this potnt.we can only ask for yourunderstanding that this violation was not intentional, which is why wewanted to contact you as soon as possible after realizing the oversight.The only remedy for this violation at this time can be monetary. To thatend I should inform you that we are distributing 5,000 copies of thebrochure, and that your photo constitutes less than a quarter pagewithin the brochure. Normally our payment for such use would be$50.00. Under the circumstances, we would I1ke to a acknowledge ourerror and demonstrate the sincerity of our apology by offering youcompensation in the amount of $500.00.

If you would be so kind as to phone me at (202) 775-7885. or write to meat the address below. we would like to settle the matter as soon asreasonably possible. Alternately, you can send me a fax t (202) 775-6126.the address is:

National GeographiC SocietyI 145 17th Street NWWashington D.C. 20036-4688ATTN.: ROCK WHEELER

I look forward to hearing from you.

Sincerely yours.

Rock C. WheelerAudtovtsual CoordInator

42

•13 ASsrG-NM£AJTS .-IN 30 Y~AR PfR,Of).+ o~ INfl).-.... - --

C> PfN),)t;!C/Jlvlt' P4RK A.~SI6iJM{;JJr: ,I, I \nteI kEt:P P/-JOrbs c.i.Sl::~ PLLlS A FE7AJ SGLfCl3'

JUNe /Q60 THE©o,v PHmJs. (,{S'f\0 If\) J!).fv,I%;;/ W(;((E: LA-T6:"'t<• ASSIG.Nb-Y! To J"G-, THEy ENO(;DC-jfJ TAKING- OV£R..

50 SHEeTS I _- .AU~ 0 voss coRAL RB::l=' ASS/6-tJM£AfI: No PHaros W&'R.[:Ocr /Q6;J. PUgUSH-fP [?UT THEY K6PT '+ CHRbMr;-S, AUG.UST 8- 196;;

OC70f3{;R Ia, {'7G =lo

o

o

~().13MISSIOtJ 0F M4-TERIA-L FoR I ~T t?OlTioAJ of1=1511 BOOk. JUNE ;;js, IC/(j~. ANY DQPl?S M4o£ (!)P.TH£:5l: JG- FILE ITBfVlS ?

SHARX ASSI6I1JM£Nr: Tl+E:'( KEEP P!l()70S CI)E;O."U.;JQ5£rJ (!)R ClNPC/8/';S/J£D P)JtJros WILL 8£ f?Rl/R»£o'~•.THE © ON P/1fJT6s l{SG1:J .IN FGl3. 1968 CUm£" UJ-T.9?AS$(G-A)eo To ;:rG-. 5t:L[;CTS {}J£RE; r.4Il~N Af'OM 7Jls-1!:4m

.. " • •Sfpr: >0 VIR~N ISLAND N!+rION/fL PIJRK /tssl6'-NMENf: swr: ~"5, 196.5

IC(bS .

o GAg;IJ rURTlE ASS/(;.;V/l18»Tg JftN,l.lIJRY f~O, (966. P/JOTDSJAN. > NEIj~ RUN I}S .4 PI£C[;. C/iVAf177/0f?lrED SE/'£CTS

PULLGrJ BY 8£J8 Pf/TTOf\) M4RCH 18., fClb6ICfbG .o VlRG-IAJ {$!..IMJos M4Tt;R14L pC(t.L£O rt:PM SBJr.;;j 3, !9aS

An> ASSIGlJMENr AND ass» IN. (1J!f.TlrJ.AJ/}L P/JR))S f)'TORjP~I L (, AM ALSo I)E£IJ/NC- FIVE' PICTl/f?£S FOR oae'0( bb PERM4NBIJI FILE:." SEE 6. HoDGSON APRIL ~ =t, /'I6b

II

o ASSIGN/vl£Nr FoR Bcok "{)J~RLD BGrtJPATH THE ss»:MARC-H >/' 'WE WILL AETJJ.IN ALL (!)F THE PffrJr06R4P/JS (}JfF PUBLlSi'

1'l61- A/VD WE WILL RErl/RN TO YOC/ A-u.···.,"M.4RCf/ (g, /96'1

A S5IG-NM8/VT FoR HYDRo 48 APRIL .:l~, 1'168

ASSJ6-;JI/I£Nr R£FLIS£D! APRJL ~8, 196B

8C/C/\ ISLA!lJ{) ASS/6-NM£IlJT: Jl/ItJE 3CJ,FI6?

~cr;gJT.4(IJCE of eCl(,k; fSL4NQ ASS/6/VA1BNT SCIT. ~. :TG: J.J.If O/JLY THesE PI}Dro6l24Pf}-S TYA-T ME Cl5'1: IN 11ft: AR:r7C/.£ @)"

T!JJJ.r I P/!fJ(OlfRAPHGfJ:'.... JClLY /~I /96911(50 4C/C-.:J, /9=}1SEE

: o Vm.y (MPr!JRT8tVT! AL{~L{gT 13, 1'169 FRoM' 808 GILklJ

APRIL\.O, \Cf68/o. ..

,.,. .......•. i

·Ji~~*

AtA6-. )0' MI/'Jf'RAL WEALTH FROM THE ~8/) /jss/ r>NM£/VT. /;.c/~. IS; /910,Q1O . ,

" • .'OON4UTl#JRI't£O SE:L8CT~' TWJ-T f)J~ lI~g) IN

I( TRE!f9jRE~ (!)!= !HE SZ;A~ J,4/'JI/4Ry "3,1175FROM VIR6J}J f5LANO MJrrld1IAt.. OR 8C/CX /)U:)NDASS/G-/lJ/VJ£NT. J 4NU4RY. "5, /9i-?;

\ I

o /igJR,004CT!ON QUALifY OUPES ~ T!fE fJICTCI!?£S //S£PTEMB9< ~8, 1913

o UNAUTffOP.1 t£O C/5E CJF ::r6- PfA,So;1JA-t.. C/-JRoM£ FOR.SP13q4L M£M8BclHP fJROt110T70(IJ P/GCE,. S£PT: ;{S; /9ss:4L5'0 5/3; VCToem IS', 191-5" /VC-S tstrse,

o REUS£' OF NA-TIONAL 6£cxJ-R4P!-JIC!"J"GARY 6t-SI!AR.J< PfJoTo (}JIm /}fJ/)m~;1J/}L P/)''IMSNT of 1t~{)().CbNOU8/Vl&9( Q.s; 1980

o FLoR rDA M!+RfN£ UJ1LDfRN85~ ASSIGNM£/Jf FoRJUNE> 'TR/W'G/ER M4GA ~JNc. ONE TIME: USE; oNLY/;qBlf- . . REnlRJJ!Jl:b C/-JR)M£

• •

JUNE-''laC}

oPENI'JEKAMP P4Rk ASSIGNMDIff; 30 Y£4R~LATER o ( R~FU.S£O TO ACCEPT THIS ASSIG-NM[;iJT

UNLESS IT wAS oN THE BASIS "F T}lE SAME

TB0Vts AS THE TRAvE:L£'R AssIG-NM£Nr 0 ~

JUN£ 8, 118tf-. IE: ONE T7ME C/S't: ONLY ItLL~

MlJ-TERIA-L To BE RETClRAJ[;D 'f ( PClLL My CJWA)

coPyRIGHT. ·THERE OJAS 4 MB.:TII1/{):. OF "Tlh!:.. ~., ..

MINDs C5N THIs fWD I S/f>NEb THE IlSSICNt10vr(J > \ (/ I)cO/VrRAcT L//UE Iii-; 1989./, NOT£" {fa Rlr;fj-TS

AND ('RE:PtAEtUCE SELECT~~'

VAo COPYP.ID..H-r ON TG- Pfk::r0Ci-R4PI-j

• .'

. _. ".' •• . . . j·. __ · H _ •.• ._ .• _ ..

If/£8£ wAS f} coPYRt5.YT INF!

•

IMPORTANT INFORMATION

13 ASSIGNMENTS IN 30 YEARS (1960-1990) & ADDITIONAL INFORMATION


JUNE 1960

ASSIGNMENTA&B



JUNE 1963

ASSIGNMENTA&D

JUNE 1964

ASSIGNMENTC



They keep photos used "plus a few selects" The © on photos used in Jan.1962 artlcle were later assigned to JG. They ended up taking over 50selects!

SUBMISSION OF MATERIAL FOR 1ST EDITION OF FISH BOOK.June 25. 1962. Any dupes made of these JG me items?

VOSS CORAL REEF ASSIGNMENT: No photos were publishedbut they kept 4 chromes August 8. 1962. October 12. 1962

SHARK ASSIGNMENT: They keep photos used. "Unused orunpubIJshed photos wlll be returned" .... The © on photos used In Feb.1968 were later assigned to JG. Selects were taken from material beforepublication for other than magazine usage. June 20. 1963:June 25. 1963

IMPORTANT purchase of Bull Shark chrome April 30. 1964 with termswhIch are contrary to submission terms June 25. 1962.

SEA LAB ASSIGNMENT June 26. 1964. done wtth the understandingthat "unused or unpublished photos wtll be returned" as previousassignment. wlth Gilka on shark assignment. Selects were later pulledwithout permission. See March 13, 1969

VIRGIN ISLAND NATIONAL PARK ASSIGNMENT: Sept. 23. 1965

GREEN TURTLE ASSIGNMENT: Japuary 20. 1966. Photos neverrun as a piece. Unauthoriz¢# selects pulled by Bob Patton March18,1966. '

39

APRIL 1966A&C&D

MARCH 1967

ASSIGNMENT


JUNE 1969

ASSIGNMENTA

VIRGIN ISLAND MATERIAL PULLED from Sept. 23, 1965assignment and used in national parks story "Am also keeping fivei:::~i:'~~,,::::: ;-0f 0LH permanent flk·· ~ef.'" B. HfJ

JUNE 198911&1'

IMPORTANT

IMPORTANT

I'

I'

REQUEST FOR ASSIGNMENT OF COPYRIGHT on the three majorphoto essays that appeared In magazine in 1962. 1968 & 1971.Nov. 15. 1985.

ASSIGNMENTS OF © GNEN. DEC. 18. 1985.

PENNEKAMP PARK ASSIGNMENT: 30 years later. I refused toaccept this aSSignment unless It was on the basis of the same terms asthe Traveler ASSignment of June 8. 1984. i.e.: one time use only, allmaterial to be returned and I pull my own copyright. there was a meetingof the minds on this and I signed the assignment contract (June 14,1989). Note: "all rights" and "reference selects".

VA copyright on JG photographs that appeared in the July. 1990 issue ofNational GeographiC article on Pennekamp Parle Also VA copyright onNational GeographiC "selects"

VA copyright on JG photographs that appeared in Winter 1985 issue oftraveler.

LETTER OF COMPLAINT to National Geographic Magazine /Traveler RE:copyright Infringement.

THERE WAS A COPYRIGHT INFRINGEMENT of a Jerry Green bergphotograph In a specjal membership promotion piece. (Sept. 25. 1975) &(Oct. 15, 1975) JG original copyright of 1969 & 1972 were infringed upon.

THERE IS VERY GOOD EVIDENCE THAT THE PHOTO LIBRARY @NATIONAL GEOGRAPHIC MAY HAVE IN ITS FILES A NUMBER OFUNAUTHORIZED DUPLICATE TRANSPARENCIES. There were manyinconsistencies of what was agreed with JG and assigning editor(mainly Bob Gilka) and the realities of unauthorized pulls (selects andotherwise) of JG chromes.

WITH THE EXCEPTIONS OF THE ORIGINAL (JAN. 19621 ASSIGNMENTAND THE LAST TWO ASSIGNMENTS FROM THE NATIONALGEOGRAPHIC (TRAVELER, WINTER 1985/1996 AND NATIONALCHEOGRAPHIC MAGAZINE JULY, 1990\ The only chromes thatshould be in the photo library are items that were shot on assignmentand used in the specific corresponding article or book.

41

-----------------------------------------------------,

•

IMPORTANT



Mr. Jerry Greenberg6840 S.W. 92nd StreetMiami, FL33156

Dear Mr. Greenberg:

OCT. 26, 1995

As audiovisual coordinator in charge of clearing photos for use in theNational Geographic Society audiovisual division's programs andproducts, it is my responstblllty to inform you of an oversight with regardto the use of one of your images. The photograph in question (ofa seafan. Jan. RFP67F36), was selected for use in the enclosed color brochurepromoting the 1996 Jason Project. which the national geographic societyparticipates in each year. This picture was originally published in the July1990 story on Florida's coral reefs (p.130). Unfortunately. the slIde OFyour photograph was sent to the engraver and the brochure publishedbefore I was asked to research appropriate payment for its use. since yourcontract states that all rights to the published as well as unpublishedphotos from your assignment reverted to you, we have albeitunintentionally - violated your copyright. In addition, we cropped andreversed your photo, the credit line does not refer to you as the copyrightholder, and regrettably a "'U" was substituted for and "E" in your lastname at some stage In productlon.

Mr. Greenberg, we realIze the importance of copyright.and that we havecommitted a serious Violation. At this polnt.we can only ask for yourunderstanding that this violation was not intentional, which is why wewanted to contact you as soon as possible after reahzing the oversight.The only remedy for this Violation at this time can be monetary. To thatend I should inform you that we are distributing 5,000 copies of thebrochure, and that your photo constitutes less than a quarter pagewithin the brochure. Normally our payment for such use would be$50.00. Under the circumstances, we would like to a acknowledge ourerror and demonstrate the sincerity of our apology by offering youcompensation in the amount of $500.00.

If you would be so kind as to phone me at (202) 775-7885. or write to meat the address below, we would like to settle the matter as soon asreasonably possible. Alternately, you can send me a fax t (202) 775-6126.the address is:

National Geographic SocietyI 145 17th Street NWWashington D.C. 20036-4688ATTN.: ROCK WHEELER

I look forward to hearing from you.

Sincerely yours,

Rock C. WheelerAudiovisual Coordinator

42

washington, d. c. 20036€¦ · mr. bob gilka/ director ot photography national geographic mn~azine...

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