Re: Photographing purchased objects

["Bryan M. Carson" <bryan.m.carson@xxxxxxxxx>]

Hi, Karen,

My take on the situation is the same as yours. Since the bones are not
writing they are not subject to copyright. There could be trademark
issues with some items, but the bones in the body are generic (both in
the general and the legal sense of the word). It also sounds like there
are no patent issues to worry about. As long as no trademark is showing,
it should be permissible to photograph the bones.

Bryan M. Carson

-- 
Bryan M. Carson, J.D., M.I.L.S., Ed.D.
Special Assistant to the Dean for Grants & Projects/
Coordinator of Reference & Instructional Services
Western Kentucky University Libraries
Author, "The Law of Libraries and Archives" (Scarecrow Press)

1906 College Heights Blvd. #11067
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All original content copyright 2009 Bryan M. Carson

Karen Kunz wrote:

  I have an Anatomy instructor who has created digital handouts for her students
  comprised of photographs of bones along with her additional narrative of what
  each part of the bone is called. The 3-D models of the various bones that were
  photographed were purchased from various companies and there is no identifying
  mark on any of them.

  The students would like to purchase these handouts in a packet (as opposed to
  individually printing them). My instructor is wondering what copyright issues
  might arise from changing the access to these documents from digital (only her
  students) to selling them in the bookstore (general public).

  Since the documents are obviously under her copyright, the issue becomes
  whether she could sell photos of the 3-D models. Since the models are of
  something common (bones) and are not distinctive, I couldn't see any problem
  with her selling her handouts. Does anyone else see an issue that I might have
  missed?

  Thanks for any insight you can give me.

  Karen

  Karen Kunz
  Oregon Institute of Technology Libraries