Dear Neotarf,

I also had a look at the copyright surrounding the image, and agree with your 
analysis:

* In any case the image should be CC BY 2.0 - not 2.5. 

Technically I think this information provides you with the information that 
allows us to share on Commons and beyond under the CC BY 2.5 conditions, 
however - though I cannot be sure without reading the consent letter that the 
parents signed - it seems unlikely that the parents gave such broad permissions 
concerning the photograph of their daughter. They likely gave permission for 
publication in the medical journal, not necessarily sharing under a Creative 
Commons license. Though technically (copyright wise) they do not have to - 
unless they are the copyright holders of the image. 

And even if the parents did give permission for the CC license - and this is 
simply my personal opinion - we should perhaps limit our use of the image on a 
more ethical standpoint of a half-naked pubescent underage girl. The image was 
clearly intended for an academic medical context, and although Wikipedia shows 
it in an encyclopaedic context, I would argue that we should refrain from 
sharing it and interchange it for an image that shows the syndrome on a more 
clothed person. 

It is also possible that personality / image rights laws in Brazil (as well as 
child pornography laws) come in to play with regards to this image, but I am by 
no means an expert on those. 

With kind regards, 

Lisette Kalshoven

-- 
Kennisland | www.kennisland.nl | t +31205756720 | m +31613943237 | @lnkalshoven 
| skype: lisette.kalshoven

> On 05 Aug 2016, at 13:57, Neotarf <neot...@gmail.com> wrote:
> 
> Would someone look at the copyright issues surrounding the image in Marfan 
> syndrome?  This article was mentioned in the Signpost as being worked on in 
> honor of Kevin Gorman.  The image shows a pubescent child, partially clothed, 
> apparently during a medical exam. The image was uploaded with a CC-by-2.5 
> license.  But if you go to the copyright information in the case study, it 
> says the article was published under 2.0 license. There is separate copyright 
> statement for the image: "Written informed consent was obtained from the 
> patient's parents for the publication of this case report and accompanying 
> images. A copy of the consent form is available for review by the 
> Editor-in-Chief of this journal."  It says the child is 13 years old and has 
> a "global intellectual impairment".
> 
> Is the consent needed for a medical study in Brazil the same type of consent 
> needed to host an image on Commons?   Does the license for the article also 
> apply to the image of the child?  Can someone sort through these issues?
> 
> https://en.wikipedia.org/wiki/Marfan_syndrome 
> <https://en.wikipedia.org/wiki/Marfan_syndrome>
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