Per-instrument copyright fair use analysis under 17 U.S.C. § 107 for copyrighted works referenced within the Didactic Med educational platform.
Effective Date: April 2025
Several clinical instruments, assessment scales, diagnostic manuals, and coding systems referenced within Didactic Med's educational tools are protected primarily by copyright law rather than (or in addition to) trademark law. Copyright and trademark are separate legal analyses with distinct defenses. This page provides a substantive copyright fair use analysis under 17 U.S.C. § 107 for each copyrighted instrument referenced on the Didactic Med platform.
The fair use doctrine permits limited use of copyrighted material without permission from the copyright holder when the use is transformative and serves purposes such as criticism, comment, news reporting, teaching, scholarship, or research. The four statutory factors considered in a fair use analysis are:
Didactic Med's strongest argument across all instruments is transformative educational commentary. Didactic Med does not reproduce copyrighted instruments for clinical administration. Instead, Didactic Med creates independent educational tools that teach clinicians about the existence, purpose, clinical context, and appropriate use of these instruments — a fundamentally different purpose from the original works.
This analysis is provided for transparency and good faith. It does not constitute legal advice. For trademark-specific notices, see our Trademark Notices page. For terms of use and limitation of liability, see our Terms of Service.
Each instrument below includes a four-factor analysis under 17 U.S.C. § 107. Click to expand the full analysis. Risk levels reflect the enforcement posture of the copyright holder and the nature of Didactic Med's use.
Many clinical instruments carry both copyright and trademark protection, but these are separate legal regimes with different defenses:
| Aspect | Copyright | Trademark |
|---|---|---|
| What it protects | Expression (text, scoring items, tables) | Brand identity (names, logos) |
| Defense | Fair use (17 U.S.C. § 107) | Nominative fair use (Lanham Act) |
| Key question | Did you copy the expression? | Did you create confusion about source? |
| Didactic Med's approach | Transformative educational commentary; no reproduction of scored items | Minimal use of names for identification; no logos or trade dress |
If you are a copyright holder or authorized representative and believe that any content on the Didactic Med platform infringes upon your copyright, please submit a DMCA takedown notice to:
Didactic Med — DMCA Agent
Ernesto Frometa, Founder & Owner
Email: [email protected]
Website: www.didacticmed.org
Your DMCA notice must include: (1) identification of the copyrighted work, (2) identification of the allegedly infringing material and its location on our platform, (3) your contact information, (4) a statement of good faith belief that the use is not authorized, (5) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner, and (6) your physical or electronic signature.
We will respond to all valid DMCA notices within ten (10) business days.
This Copyright Notices & Fair Use page is provided in good faith as part of Didactic Med's commitment to intellectual property compliance. This page is reviewed and updated periodically. If you identify any omission or inaccuracy, please contact us at [email protected].
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