[Wikimedia-l] Radiological images

[Andrew Gray]

The problem is that we are (in most cases) super cautious anyway - 99%
of the cases where we delete an old image it is functionally an orphan
work and we will never, ever, be challenged over using it or declaring
it PD. But we still delete it.

Likewise, we have lengthy debates about the validity of freedom of
panorama in countries where it is quite possible no lawyer has ever
considered the issue, much less a legislator or a court. The community
cares, a lot, about getting this right. It perhaps cares too much, but
that's another discussion!

I think if we're going to have a blanket declaration that x-rays are
exempt (probably in the US only) we'd need some solid, clear,
reasoning and a clear indication there's no previous legal activity
around this, or that previous legal activity is on our side - in other
words, something like our policy statement on reproductions of 2D
images. If we don't have this sort of foundation, it'll seem
capricious and opportunistic. The link Luis sent is a start, but it
does suggest a lot of work would be needed and we might not get a
clear answer in any case...

A.

On 17 September 2013 13:06, James Heilman <jmh649 at 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). This will eliminate all radiological
> images from Wikipedia. Last time I wrote the Queen asking her to release
> content under a CC BY SA license she didn't respond. If the Wikimedia
> movement takes this stance I will go elsewhere.
>
> --
> James Heilman
> MD, CCFP-EM, Wikipedian
>
> The Wikipedia Open Textbook of Medicine
> www.opentextbookofmedicine.com
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-- 
- Andrew Gray
  andrew.gray at dunelm.org.uk