Re: copyright/ plastic surgeon

Jamie Powers <jamie[_at_]srgpe.com> wrote:
>
> On 05/21/97, G. de Bruin <blueger[_at_]worldaccess.nl> wrote:
> >
> > Can anyone tell me if a plastic surgeon (in the USA) has a copyright
> > on his work? So, if he or she gives you eg. a new face, is that work
> > protected as a copyrightwork? And if so, how does that relates to the
> > operated person?
> >
> > I really tried to find the answers in the Dutch law, but here in
> > Holland that problem is not solved yet.
>
> Copyrighting surgically created faces is interesting. In the US it may
> not fly because of 1) existing legal doctrines - functionality and the
> requirement of originality come to mind, and 2) public policy
> considerations which might operate to bar protection for these plastic
> surgeon creations.
>
> First, the originality present in a recreated face would be minimal.
> The elements that would likely be claimed - an aquiline nose, the
> curve imparted to a cheek bone, for example - would likely be either
> non-original (lacking the mere scintilla of originality the Copyright
> Act requires) or dictated by the function to be performed. If the form
> tracks the function perfectly, you will have an insurmountable problem
> finding copyrightable expression.
>
> Second, public policy might operate to bar such protections. Some
> plastic surgery (reconstructive) is essential and the medical
> complications and likely costs associated with surgeons having to make
> sure they are not doing a "Lambruzzi Hollywood Eye-lift" (pure fiction,
> no offense intended) would be serious. The chill on surgeons could be
> severe and contrary to public policy. The Lasercomb decision of the
> fourth circuit launched the concept of "misuse of copyright" and while
> not exactly applicable to this situation, the concept has some value
> here.
>
> Anyone out there with other knowledge of any copyright protection
> being extended to human form/features?

The fixation requirement might also pose a problem given the likelihood of sagging over a period of time.

Richard Greenstone
<richard[_at_]rjg.com> Received on Tue May 27 1997 - 20:21:03 GMT