Maybe they don't own the images outright from a legal perspective, but
certainly ethics (and particularly medical ethics) is moving in the
direction of securing permission from the subject of the images before
they are used for purposes other than treatment. Documenting this kind
of permission in a format like Commons is going to be tough, but that
could be resolved with a policy of only using images published by an
organization known to pursue permission where feasible.
On Tue, Sep 17, 2013 at 9:15 AM, Mathias Schindler
<mathias.schindler(a)gmail.com> wrote:
On Tue, Sep 17, 2013 at 1:06 PM, James Heilman
<jmh649(a)gmail.com> wrote:
My concern is that if we are going to be both
super cautious and assume
that X-rays are copyrightable than we will need to get permission from all
9 potential copyright holders (ordering physician, patient, radiologist,
hospital, government, X-ray tech, machine manufacturer, software
programmer and the Queen of English in my jurisdiction, shareholders of
hospitals in other jurisdictions).
Out of the 9 categories of potential copyright holders, we should be
able to eliminate patients as they are not an active part of the
creation process and there is no transfer of copyright to them.
Mathias
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