Irvine, CA asked in Copyright for California

Q: Is it against US copyright laws if I publish photos of a medical device?

I am a physician and I own many medical devices and equipments and medical supply that I use in my office for simple office procedures, for example a device to remove skin lesions, or a device to do biopsy etc. If I take a photo of these devices/equipment/supplies and publish them in my website (or in a brochure or in a medical book), can the manufacturer/seller of that device/equipment/supply sue me for copyright infringement? Do I have to get their permission first before publishing those images?

Related Topics:
1 Lawyer Answer
Steve Charles Vondran
Steve Charles Vondran
  • Intellectual Property Lawyer
  • San Francisco, CA
  • Licensed in California

A: This is not legal advice. Generally, when I do something like that, I will take a photo and if I use it on my website, or in a brochure, I will comment on the photo. For example, here is my Law Copier, I love this thing. This will help with a "fair use" defense if anyone tries to give you trouble. If you are taking the picture yourself, then you have a right to use the picture. It is casting companies in a negative light (tarnishing famous trademarks) or posting THEIR photographs which can lead to legal issues. If not sure, have an IP lawyer review! Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.