Without going into my background of copyright Law...
There was NO copyright violation. The test they are holding has to be purchased by the distributor or authorized vendor. You may not then copy it in your office 200 times so you don't have to buy it again (often times theses tests come in packs of 15 or 20 for $250) things like that?
You purchase them for patients. I will ASSUME Dr Samuels purchased the test to give Jodi. Dr Samuels is charged with the duty not to break the law with THIS particular test. He administered it, so he must obtain it legally.
All Dr Demarte was hired to do was REVIEW the test Dr. Samuels gave Jodi. What Dr Samuels chose to do is give Dr. Demarte the Test Answers, and not the Questions!
Dr. Demarte had ever legal right to simply ask anyone on earth if she might see the questions that correspond with the answers she is reviewing. I would guarantee you if she even called the company that sells it, they would NOT charge her and probably would e-mail them to her.
She is not Giving the test to a patient! She is reviewing a legally purchased test already given. She simply asked an associate to borrow the questions.
In a criminal case she was well within her rights to then show the Prosecutor, even copy the test for use in a Criminal Trial. They are NOT distributing this test free to colleagues!
The only person that might have violated copyright law would be Dr Samuels if he has this test by making several illegal copies of it because he didn't buy them as you are supposed to in packs from the company.
And he very well may have. But the Witness and Prosecutor sure did nothing wrong!