[Wikimedia-l] Radiological images

[Erlend Bjørtvedt]

I took CR scanning recently, and reflected on who would be the right
copyrightholder.

The manufacturer of the machine (Siemens) - certainly not, that would be
like Nikon and Canon holding rights to all photos on Commons...

The hospital - certainly not, since there ar eindividuals running the
machine who are closer to the rights.

The operators - well in the case of CR there are two, and they only push a
button (i.e., not artistic). They are Remote from the Object, do not see
it, and do not Direct the skanner ("camera") to adjust or improve the final
image.

The patient - the only real candidate in my view. While as a patient you
are alone With the machine, the only one present in the room, and you move
to get Your body in the right position (i.,e., you are the primary agent to
make the image successful).

Erlend, Oslo



2013/9/17 Risker <risker.wp at gmail.com>

> In many jurisdictions, there are specific privacy laws that address the
> rights of patients to control access to *any* information about them,
> whether identifying or not, and requirements that any use of patient
> information, whether anonymized or not, must be done with the consent of
> the patient unless specifically legislated.  This has nothing at all to do
> with copyright.  A surprisingly large number of studies, tissue samples,
> and so on *are* actually pretty easily identifiable.  In many cases,
> patient consent is required in order to use information for research or
> educational purposes; those participating in research have to sign fairly
> extensive consent agreements that often include a clause about how their
> information will be shared.
>
> I'd suggest practitioners themselves ought to be quite cautious before
> uploading such images, and ensure that they have had a very specific
> discussion with their institution, and received *in writing* authorization
> for uploading.  It is spectacularly wonderful that the physicians amongst
> us have such a strong desire to educate, and it would be horrible if
> someone lost privileges at their institution (and possibly their
> license) over such a benevolent gesture. Don't just call your professional
> association - have the discussion with the institution, and get things in
> writing and actively pursue an institutional policy on the educational use
> of medical images.
>
> Risker
>
>
>
>
> On 17 September 2013 09:21, Nathan <nawrich at gmail.com> wrote:
>
> > 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 at gmail.com> wrote:
> > > On Tue, Sep 17, 2013 at 1:06 PM, 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).
> > >
> > > 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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-- 
*Erlend Bjørtvedt*
Nestleder, Wikimedia Norge
Vice chairman, Wikimedia Norway
Mob: +47 - 9225 9227
 http://no.wikimedia.org <http://no.wikimedia.org/wiki/About_us>