[Wikimedia-l] Radiological images

[Joseph Chirum]

If it were Art, the copyright would be clearly defined.  If it is technical craft in the medical field, such images fall unto another category all together.  Any display of such images would need the patient consent to be HIPPA compliant, or other agreement binding.



________________________________
 From: Nathan <nawrich at gmail.com>
To: Wikimedia Mailing List <wikimedia-l at lists.wikimedia.org> 
Sent: Tuesday, September 17, 2013 12:33 PM
Subject: Re: [Wikimedia-l] Radiological images
 

I think the question of who owns the copyright is just plain unsettled
law. Debating it here isn't going to resolve an issue that is, in the
legal realm, unresolved. My own guess is that the organization
employing the people performing the imaging likely owns the copyright
barring agreements otherwise, but the circumstances vary so much that
only an image by image analysis of the legal conditions that apply
will resolve ownership for any particular image.

But quite apart from the legal issues, there are ethical
considerations that shouldn't be ignored for the sake of expediency.
While an x-ray or CT or other image may not fall under HIPAA (because
it isn't generally personally identifying), it is still an image of a
human being who ought to - and in some jurisdictions may by law - have
some control over its use.

What James Heilman appeared to be seeking was a quick response
affirming that x-rays can be used freely without encumbrance by
concerns over ownership or permission. Despite his ultimatum that he
would take his considerable energy and effort elsewhere, it doesn't
seem like he's going to get that from contributors to this thread.

That doesn't mean there is no possible solution. If we use images
garnered from journals, institutions and repositories with rigorous
patient consent rules, and treat those from other sources carefully, I
imagine that encyclopedia editors will find an adequate number of
images to properly illustrate articles. But that would have to take
place under an EDP, and I don't see Commons getting around the issue
of ownership until the legal landscape is more settled.

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