[Wikimedia-l] Radiological images

[Joseph Chirum]

In my opinion, the patient is the copyright holder.  for these reasons mentioned by Erlend.  The hospital is an institution, and the photographer is an employee.  Therefore the patient is the consumer, and thus the patron, in turn forming an agreement as to the subject matter, and thus the content of the original work of technical craft, if not Art.  Artist's rights are thus rendered irrelevent if not Art, thus the traditional copyright structure of said work.

Joe Chirum



________________________________
 From: Katie Chan <ktc at ktchan.info>
To: wikimedia-l at lists.wikimedia.org 
Sent: Tuesday, September 17, 2013 10:28 AM
Subject: Re: [Wikimedia-l] Radiological images
 

On 17/09/2013 17:47, Erlend Bjørtvedt wrote:
> 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.

Those individuals, in the case of the operators would probably / could 
well come under work for hire.

> 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.

Someone taking a photograph using a point and shoot compact camera also 
only push a button, yet the law have no problem with assigning copyright 
to the photographer.

> 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

Katie

-- 
Katie Chan
Any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent the view of any organisation the author is associated with or employed by.


Experience is a good school but the fees are high.
      - Heinrich Heine


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