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

All I can say is that not all radiologists or radiology technicians are the same. I had my hand x-rayed a couple of times -- same prescription -- different interpretations, views, results from the radiologists.

Are many of the parameters likely to be set and with no originality (this size film, this distance from the subject, this long exposure, this set of xrays, this intensity, and so on)? Yes. The more those standards are set by the industry, especially published standards, the less creativity is involved and the more it becomes just a mechanistic exercise.

But I am not willing to exclude x-rays as a class from copyrightability because many (maybe even most) are not copyrightable.

The variability becomes even greater with CT and MRIs with even more judgment going into the process -- if not on the part of the radiology technician, then on the part of the physician asking for the pictures.

Just because my camera automates exposure settings does not mean that the result is not copyrightable. Merely using a mechanical process does not remove something from copyrightability (Sarony).

> -----Original Message-----
>
> When a radiology technician takes an x-ray, CT, MRI, US of an
> individual, I highly doubt that there is any originality involved in
> the process (let alone the end result). It is a very "mechanical"
> process and it involves no creativity in terms of judgment (as far as
> how one goes about doing the process that yields the medical image as
> an end result).
>
> ------------------------------------------
>
> Lee Kim, Esq.
> Patent Agent
> Cohen & Grigsby, P.C.

-- 
Prof. Steven D. Jamar                                 vox:  202-806-8017
Howard University School of Law                       fax:  202-806-8428
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Washington, DC  20008      http://www.law.howard.edu/faculty/pages/jamar

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