[Wikimedia-l] Copyright on Xrays

[Todd Allen]

On Wed, Aug 22, 2012 at 1:54 PM, Anthony <wikimail at inbox.org> wrote:
> On Wed, Aug 22, 2012 at 2:47 PM, Thomas Dalton <thomas.dalton at gmail.com> wrote:
>> http://commons.wikimedia.org/wiki/File:Upperarm.jpg
>
> http://commons.wikimedia.org/wiki/File:Arm.agr.jpg would probably be a
> better example.
>
> There's a good chance that wouldn't be considered copyrightable under US law.


Even if it is, I think an X-ray would be quite different. In taking a
photo of a subject's arm, the photographer must consider lighting,
angle to which the arm is turned, the proper camera settings, how to
find the exact arm that suits the purposes of the intended photo, etc.
I think there would be just enough creativity in that arm shot, but
it'd be close.

An X-ray, on the other hand, is made by a technician according to
documented procedures. The arm is turned to the proper angle to see
what the doctor wants to see, not to an angle that's aesthetically or
artistically pleasing. The image is taken according to standard and
inflexible procedures. The technician is not exercising a bit of
creativity in taking the image. In fact, the tech would likely get in
trouble if (s)he DID decide to "get creative" with it.

I wouldn't see how medical X-rays would be any more "creative" or
copyrightable than blood test results.

-- 
Freedom is the right to say that 2+2=4. From this all else follows.