[Wikimedia-l] Copyright on Xrays

[Anthony]

On Mon, Aug 20, 2012 at 8:03 AM, James Heilman <jmh649 at 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.