RE: Photographing purchased objects

["Amalyah Keshet [akeshet@xxxxxxxxxx]" <akeshet@xxxxxxxxxx>]

The issue isn't the bones.

The issue is the copyright in the photographs and the 3-D models.  They are
both media protected by copyright.


Amalyah Keshet
Head of Image Resources & Copyright Management
The Israel Museum, Jerusalem



-----Original Message-----
From: Bryan M. Carson [mailto:bryan.m.carson@xxxxxxxxx]
Sent: Saturday, December 12, 2009 1:10 AM
To: Karen Kunz
Cc: digital-copyright@xxxxxxxxxxxxxx
Subject: Re: Photographing purchased objects

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

--
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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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bryan.m.carson@xxxxxxxxx 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