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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