On Mon, Aug 20, 2012 at 8:03 AM, James Heilman <jmh649(a)gmail.com> wrote:
@ Tomasz: Per "a) if the picture is taken
automatically by machine in
routine way (in case of X-ray, NMR and some other techinques this is
usually atomatic
and routine) - they are not copyrightable, as this is not any creative
work." This is my understanding. X rays are taken in the exact same
way each time. X ray techs are specifically not to use creative
license even though their job requires skill.
@ David: Yes we do have US case law. It was in the previous link but
here is a direct link to it
http://www.ca10.uscourts.gov/opinions/06/06-4222.pdf
There are two distinguishing cases which cite that ruling, however.
In one of them it specifically points out that whether or not a work
is creative is a question of fact (I didn't bother to read the other).
If "X ray techs are specifically not to use creative license even
though their job requires skill" then this would be evidence in
support of one set of facts.