[Wikimedia-l] Radiological images

[Joseph Chirum]

Perhaps if all parties are in agreement, the image can be entered into the Public Domain.  The goal of this would be to aid researchers and scientists.  The images cannot be stuck in limbo forever, so by setting them into the public domain, they become non-copyrightable if HIPPA is exempt, thus withholding personally identifying information of the images.


________________________________
 From: Nathan <nawrich at gmail.com>
To: Joseph Chirum <sundog358 at yahoo.com>; Wikimedia Mailing List <wikimedia-l at lists.wikimedia.org> 
Sent: Tuesday, September 17, 2013 2:02 PM
Subject: Re: [Wikimedia-l] Radiological images
 

On Tue, Sep 17, 2013 at 4:48 PM, Joseph Chirum <sundog358 at yahoo.com> wrote:
> 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.

It's just not that simple, unfortunately. HIPAA applies to personally
identifying information; I think it'd be easy to argue that the
presumption on imagery, devoid of identifying accompanying text, is
that it is de facto de-identified and thus exempt from HIPAA scrutiny.