Dear Neotarf,
I also had a look at the copyright surrounding the image, and agree with your analysis:
* In any case the image should be CC BY 2.0 - not 2.5.
Technically I think this information provides you with the information that allows us to share on Commons and beyond under the CC BY 2.5 conditions, however - though I cannot be sure without reading the consent letter that the parents signed - it seems unlikely that the parents gave such broad permissions concerning the photograph of their daughter. They likely gave permission for publication in the medical journal, not necessarily sharing under a Creative Commons license. Though technically (copyright wise) they do not have to - unless they are the copyright holders of the image.
And even if the parents did give permission for the CC license - and this is simply my personal opinion - we should perhaps limit our use of the image on a more ethical standpoint of a half-naked pubescent underage girl. The image was clearly intended for an academic medical context, and although Wikipedia shows it in an encyclopaedic context, I would argue that we should refrain from sharing it and interchange it for an image that shows the syndrome on a more clothed person.
It is also possible that personality / image rights laws in Brazil (as well as child pornography laws) come in to play with regards to this image, but I am by no means an expert on those.
With kind regards,
Lisette Kalshoven
--
Kennisland |
www.kennisland.nl | t +31205756720 | m +31613943237 | @lnkalshoven | skype: lisette.kalshoven
Would someone look at the copyright issues surrounding the image in Marfan syndrome? This article was mentioned in the Signpost as being worked on in honor of Kevin Gorman. The image shows a pubescent child, partially clothed, apparently during a medical exam. The image was uploaded with a CC-by-2.5 license. But if you go to the copyright information in the case study, it says the article was published under 2.0 license. There is separate copyright statement for the image: "Written informed consent was obtained from the patient's parents for the
publication of this case report and accompanying images. A copy of the
consent form is available for review by the Editor-in-Chief of this
journal." It says the child is 13 years old and has a "global intellectual impairment".
Is the consent needed for a medical study in Brazil the same type of consent needed to host an image on Commons? Does the license for the article also apply to the image of the child? Can someone sort through these issues?
https://en.wikipedia.org/wiki/Marfan_syndrome
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