Apopka, FL asked in Copyright and Intellectual Property for Florida

Q: Are FDA medication guides and manufacturer pamphlets copyrighted?

Rx and OTC drugs come with monographs, medication guides and manufacturer pamphlets and I would like to know if one can reference their data without worrying about copyright laws. For example, ican someone make a database that customers pay a fee to join that summarizes the critical data from medication guides?

1 Lawyer Answer
Allison Higgins
Allison Higgins
  • Intellectual Property Lawyer
  • Helotes, TX

A: Yes, the guides and pamphlets are protected by copyright laws. However, you may still be able to create the database you are talking about without running into copyright issues. It would depend on how much of the information you used, whether you cite your sources correctly, and whether you use any of their pictures, graphs, etc.

Consult with a US copyright attorney to discuss your proposed idea in detail and discuss ways to create your site legally. Best of luck on your ventures!

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