May 1996 AAOS Report

Judge grants summary judgment in intellectual property case

On March 29, Judge Edward C. Prado of the U.S. District Court for the Western District of Texas granted the Academy's motion for summary judgment in an intellectual property case. The case, Clogston v. American Academy of Orthopaedic Surgeons, deals with photographs taken for the fourth edition of the Academy's instructional textbook called Emergency Care and Transportation of the Sick and Injured ("Orange Book"). In the case, Clogston who operated a company that was paid to take photographs for the fourth edition of the Orange Book, asserts that he was a co-author of the text and consequently that he is co-owner of the copyright in the Orange Book and is entitled to half of the Academy's revenues (after expenses) from the sale of the fifth and sixth editions of the Orange Book. Judge Prado found "that the evidence, taken in the light most favorable to Clogston, [was] insufficient as a matter of law to demonstrate an intent by Clogston and the Academy that they be co-authors of the fourth edition" and then granted the Academy's motion for summary judgment. A second case filed by Clogston against the Academy dealing with specific copyright issues is scheduled to be heard by the court in September.


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