Miraflor

MEMORANDUM OF DECISION

The question presented by this case is whether forms designed for recording information about medical patients are copyrightable subject matter. The answer to that question turns on the scope of the so-called “blank forms rule.” Correct application of that rule as it presently exists within the Ninth Circuit to the facts of this case leads to the conclusion that the forms are not copyrightable subject matter.

Facts

Plaintiff Advanz Behavioral Management Resources, Inc. (“Advanz”) is a corporation in the business of home health care management. In conducting its business, plaintiff uses a series of five forms. Those forms are entitled (1) “Medical Social Service Evaluation,” (2) “MSS Communication Note,” (3) “Medical Social Service Discharge Summary,” (4) “Medical Social Service Followup,” and (5) “Daily Visit Route Sheet.”

Marciela Calatayud and Arpineh Keshishi-an created the five forms used by plaintiff. On October 12, 1995, Keshishian and Calata-yud executed a written assignment of any right, title or interest they possessed in those forms to plaintiff.

During October and November, 1995, plaintiff applied for registration of copyrights in each of the…