Re: Are x-rays copyrightable?[Scanned by MAIL]

[John Mitchell <john@xxxxxxxxxxxxxxxxxx>]

I think Lori is on the right track. X-rays are not made with attention  
to creative expression, but merely to comply with technical  
requirements for showing what a body part looks like on the inside. To  
some extent, an x-ray is more akin to a functional (ergo non- 
copyrightable) element. It's purpose is purely functional. (That said,  
I can see artistic expression being made out of x-rays, but that's no  
different than making a copyrighted sculpture out of non-copyrightable  
toothpicks. Just because x-rays can be used to create an artistic  
expression does not mean they are copyrightable. If the ability to  
make a copyrightable expression was determinative, then Crayola  
Crayons and pencils would be copyrightable.) That's my 2 cents.

John
____________
John T. Mitchell
http://interactionlaw.com


On Feb 7, 2008, at 5:05 PM, Williamson, Lori B. wrote:

> I would have to play the devil's advocate here and say I don't think  
> it
> would be copyrightable.  I see no creativity or originality at all-- 
> the
> point of an xray is to not be creative, but just to represent exact  
> copy
> of a common human trait.
>
> Any other opinions?
>
> Lori
>
> -----Original Message-----
> From: Jason Griffey [mailto:Jason-Griffey@xxxxxxx]
> Sent: Thursday, February 07, 2008 2:59 PM
> To: Heather Williams; digital-copyright@xxxxxxxxxxxxxx
> Subject: RE: Are x-rays copyrightable?[Scanned by MAIL]
>
> Legally, I think it would be hard to distinguish between an Xray and
> some
> other type of photographic method. Certainly X-Rays have been used as
> artistic
> expression, and even a routine xray would qualify, I think.
>
> Jason
>
> -----Original Message-----
> From: Heather Williams [mailto:hrwilli@xxxxxxxxx]
> Sent: Thu 2/7/2008 2:01 PM
> To: digital-copyright@xxxxxxxxxxxxxx
> Subject: Are x-rays copyrightable?
>
> Is an x-ray sufficiently creative to be copyrightable?  Would an image
> of an
> x-ray in a medical text be copyrighted?   What do you all think?
>
>
>
>
>
> Thanks for any help!
>
> Heather
>
>
>
> _______________________
>
> Heather R. Williams
>
> Copyright Specialist and Rights Management Coordinator
>
> Emory University Libraries
>
> Robert W. Woodruff Library
>
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>
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