RE: [digital-copyright] Copyright in Anatomical Models?

["Peter B. Hirtle" <pbh6@xxxxxxxxxxx>]

As to copyright, if the original anatomical models were considered to be
"useful objects," they may not have any copyright in them at all.  The only
copyright, then, would be in the photographs of the object.  If there are
artistic elements in the models that could be separate from their form,
however, those elements could be protected and one would need the permission
of the copyright owner to photograph them (or use fair use, as you suggest).



Public Knowledge recently published one of the clearest explanations I have
seen of copyright in 3D objects.  Here is what I recently wrote about it in
Current Cites.  See in particular his discussion of copyright in mannequins:



Weinberg, Michael. What's the Deal with Copyright and 3d
Printing?<http://www.publicknowledge.org/Copyright-3DPrinting>  Washington,
D.C.: Public Knowledge, February
2013.(http://www.publicknowledge.org/Copyright-3DPrinting). - In January a
mini-tempest arose over whether 3D printing and makerspaces were compatible
with the mission of libraries. (You can find a overview of the discussion and
relevant links
here<http://www.alatechsource.org/blog/2013/01/3d-printing-in-libraries-inspi
ration-or-distraction.html>.) If librarians are going to be involved with 3D
printing, then they are also going to have to think about copyright. Michael
Weinberg's study is a remarkably clear and readable introduction to some of
the most difficult concepts in intellectual property: the difference between
copyright and patents; the severability of form from useful function; and the
"merger doctrine." Weinberg's most important contribution is the "reminder
that not everything - not even every digital thing - is protected by
copyright." This report is a welcome addition to his earlier introduction to
3D printing It Will Be Awesome if They Don't Screw it Up: 3D Printing,
Intellectual Property, and the Fight Over the Next Great Disruptive
Technology.



Peter B. Hirtle, FSAA
Senior Policy Advisor
Digital Scholarship and Preservation Services
Cornell University Library
2B53 Kroch Library
Ithaca, NY  14853
peter.hirtle@xxxxxxxxxxx<mailto:peter.hirtle@xxxxxxxxxxx>
t.  607.255-4033
f.  607.255-9524
http://vivo.cornell.edu/individual/vivo/individual23436
Copyright and Cultural Institutions: Guidelines for Digitization for U.S.
Libraries, Archives, and Museums:
http://hdl.handle.net/1813/14142






-----Original Message-----
From: Steinhoff, Cindy [mailto:cksteinhoff@xxxxxxxx]
Sent: Friday, February 22, 2013 6:48 PM
To: 'ESperr@xxxxxxx'; digital-copyright@xxxxxxxxxxxxxx
Subject: RE: [digital-copyright] Copyright in Anatomical Models?



Ed, I can't address copyright as it applies to a model; however, a contract
might apply.  A few years ago, a faculty member wanted to create a short video
using a model owned by the biology department that she used in her on ground
classes.  The video would go in her online course within the college's
learning management system, protected by user name and password.  She took it
upon herself to contact the company from which the department purchased the
model to ask if this was acceptable.  They referred her to a contract that had
been signed when the model was purchased.  It stated that their models could
not be used in photographs or video for any purpose.



Cindy Steinhoff

Anne Arundel Community College

Arnold, MD







The information contained in this email may be confidential and/or legally
privileged. It has been sent for the sole use of the intended recipient(s). If
the reader of this message is not an intended recipient, you are hereby
notified that any unauthorized review, use, disclosure, dissemination,
distribution, or copying of this communication, or any of its content, is
strictly prohibited. If you have received this communication in error, please
contact the sender by reply email and destroy all copies of the original
message. Thank you.







-----Original Message-----

From: ESperr@xxxxxxx<mailto:ESperr@xxxxxxx> [mailto:ESperr@xxxxxxx]

Sent: Friday, February 22, 2013 1:34 PM

To: digital-copyright@xxxxxxxxxxxxxx<mailto:digital-copyright@xxxxxxxxxxxxxx>

Subject: [digital-copyright] Copyright in Anatomical Models?



(apologies for cross-posting)



Greetings! I have a feeling that this has been asked before, so sorry if this
question seems <pun>derivative</pun>.



What protection does the creator of a three-dimensional work (in this case, an
anatomical model) have regarding two-dimensional photographs of that work?



To give some context, we have faculty that want to use such photographs of
anatomical models (models that they have already purchased) in the process of
teaching their course. Would such photographs be original works in themselves,
or derivative works of the original object? If the latter, how do I go about
conducting a fair-use analysis? [For example, I usually rely a lot upon
"extent", but I have no idea how that would apply in this case...]



Thanks!

Ed Sperr, M.L.I.S.

Copyright and Electronic Resources Officer St. George's University
esperr@xxxxxxx<mailto:esperr@xxxxxxx>



______________________________________________________________________

This email has been scanned by the Symantec Email Security.cloud service.

For more information please visit http://www.symanteccloud.com
______________________________________________________________________