[Wikimedia-l] Copyright on Xrays
James Heilman
jmh649 at gmail.com
Mon Aug 20 12:03:04 UTC 2012
@ Tomasz: Per "a) if the picture is taken automatically by machine in
routine way (in case of X-ray, NMR and some other techinques this is
usually atomatic
and routine) - they are not copyrightable, as this is not any creative
work." This is my understanding. X rays are taken in the exact same
way each time. X ray techs are specifically not to use creative
license even though their job requires skill.
@ David: Yes we do have US case law. It was in the previous link but
here is a direct link to it
http://www.ca10.uscourts.gov/opinions/06/06-4222.pdf
X rays once the persons name / identifiers are removed do not contain
identifiable information. Per the legal team here patient
confidentiality is thus not a concern at this point. It is like taking
pictures of someones cerebral spinal fluid as I have done here
http://en.wikipedia.org/wiki/File:CSF.JPG I did not get this person
permission.
--
James Heilman
MD, CCFP-EM, Wikipedian
The Wikipedia Open Textbook of Medicine
www.opentextbookofmedicine.com
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