Re: Photographing purchased objects

[claudia holland <chollan3@xxxxxxx>]

I think we're missing the real question Karen asked, which is whether 
the instructor cum photographer can sell her photos of the 3-D models 
(part or all) to the public. I agree that there is some question as to 
whether the models are copyrightable because there is no "originality" 
or creativity involved in simply making a cast of a bone (anatomy is 
fact-based). Conservatively speaking, if one considers the models to be 
copyrighted, is it "legal" for the instructor to commercialize a 
derivative work of someone else's models? As has been mentioned, the 
copyright policy of the instructor's school should be taken into account 
but equally important is the risk factor. The instructor has to weigh 
the risk s/he is willing to take and make that decision, or cut to the 
chase and simply ask the model manufacturer for permission to sell the 
derivative.

Claudia Holland


Bryan M. Carson wrote:
> 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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