American Dental Association v. Delta Dental Plans Association
126 F.3d 977 (7th Cir. 1997)
The ADA published a book that
contained a taxonomy of different dental procedures (aka the Code).
Basically, they came up with
a system where they gave every dental procedure (root canals, filling
cavities) a different number. That made it easy to do data entry and
keep computer records.
Delta published a book that
contained blank forms dentists could use for their records, as well as
most of the Code that the ADA first created. The ADA sued Delta for copyright
infringement.
Delta argued that taxonomy
and nomenclature was not copyrightable.
The Trial Court found for
Delta. The ADA appealed.
The Trial Court found that the
Code cannot be copyrighted because it just catalogs a field of knowledge.
Basically, the Court found
that taxonomy may not be copyrighted.
See 17 U.S.C. §102(b).
The Appellate Court reversed.
The Appellate Court looked
to Baker v. Selden (101 U.S. 99
(1879)) which found that a copyright did not give an author the right to
prevent others from using the same method.
Therefore, the ADA couldn't
stop dentists from using the ADA Code in their forms and records, or
stop Delta from distributing forms that invited dentists to use the ADA's
Code.
However, the Court found
that it was a violation of the ADA's copyright for Delta to distribute a copy
of the code itself.