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?

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1 Lawyer Answer
Steve Charles Vondran
Steve Charles Vondran
PREMIUM
Answered
  • 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.

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