RE: Re: CR in X-ray works- Expressive?

From: Agenbroad, James \(Civ,ARL/CISD\) <jagenbro[_at_]arl.army.mil>
Date: Wed, 23 Mar 2005 12:10:09 -0500


The original question regarded Indian law, and I have to say, I have NO idea of the caselaw there. However, I would hope that in the U.S. there would be NO copyright in medical x-rays. They simply aren't expressive. You shouldn't get too hung up on the technology used to creat the image, a pencil could be used to fill out your 1040 (not copyrightable) or to sketch your mother(copyrightable). The core question is the intent of the person doing it, and I don't believe that expressive or aestetic considerations are normally part of the technicians intent. In a general way, I think one of the areas where copyright law is showing strain is where people have tried to stretch it to cover non(or minimally) expressive works. Feist put the smackdown on copyrighting mere alphabetized lists where no selection of items was done. But I also think that copyright is poorly suited to protecting functional items like state laws, standards, recepies, or even software. In those cases, it seems to me that the idea/expression line would indicate very little protectable content. Received on Wed Mar 23 2005 - 22:10:09 GMT

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