Re: [Wikimedia-l] Radiological images

2013-09-18 Thread Joseph Chirum
hello can somebody please remind me when and where the meta irc meeting is tomorrow ? thank you Joseph Chirum From: James Heilman jmh...@gmail.com To: wikimedia-l@lists.wikimedia.org Sent: Tuesday, September 17, 2013 8:56 PM Subject: Re: [Wikimedia-l

Re: [Wikimedia-l] Radiological images

2013-09-18 Thread Oliver Keyes
On Tue, Sep 17, 2013 at 9:48 PM, James Salsman jsals...@gmail.com wrote: For those of you who treat WP:IAR as if it is not policy, how do you look yourselves in the mirror? Pretty easily. Absent substantial changes in mass, the speed of light is a constant. If we could try to discuss things

Re: [Wikimedia-l] Radiological images

2013-09-18 Thread James Heilman
So what does the rest of the publishing industry do? For content that is author-supplied it is up to them [the authors] to sort out permissions and copyright. The journals, with their impeccable ethical standards, simple get the authors to sign a form and wash their hands of it. I have signed

Re: [Wikimedia-l] Radiological images

2013-09-18 Thread Peter Southwood
seriously and declare a policy before any mass deletion starts Cheers, Petyer Southwood - Original Message - From: James Salsman jsals...@gmail.com To: Wikimedia Mailing List wikimedia-l@lists.wikimedia.org Sent: Wednesday, September 18, 2013 6:48 AM Subject: Re: [Wikimedia-l

Re: [Wikimedia-l] Radiological images

2013-09-18 Thread Peter Southwood
Sent: Wednesday, September 18, 2013 8:49 AM Subject: Re: [Wikimedia-l] Radiological images On Tue, Sep 17, 2013 at 9:48 PM, James Salsman jsals...@gmail.com wrote: For those of you who treat WP:IAR as if it is not policy, how do you look yourselves in the mirror? Pretty easily. Absent

Re: [Wikimedia-l] Radiological images

2013-09-18 Thread Jane Darnell
@lists.wikimedia.org Sent: Wednesday, September 18, 2013 8:49 AM Subject: Re: [Wikimedia-l] Radiological images On Tue, Sep 17, 2013 at 9:48 PM, James Salsman jsals...@gmail.com wrote: For those of you who treat WP:IAR as if it is not policy, how do you look yourselves in the mirror? Pretty

Re: [Wikimedia-l] Radiological images

2013-09-17 Thread Nathan
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

Re: [Wikimedia-l] Radiological images

2013-09-17 Thread Mathias Schindler
On Tue, Sep 17, 2013 at 3:21 PM, Nathan nawr...@gmail.com wrote: Maybe they don't own the images outright from a legal perspective, but certainly ethics (and particularly medical ethics) They do not own it from a copyright perspective. I did not speak about other applicable laws protecting

Re: [Wikimedia-l] Radiological images

2013-09-17 Thread Petr Kadlec
On Tue, Sep 17, 2013 at 4:02 AM, Asaf Bartov abar...@wikimedia.org wrote: IANAL, but my interpretation would be that X-rays are not copyrightable, since they are not creative works, period. Note that e.g. in the Czech Republic, “[a] photograph or a work produced by a process similar to

Re: [Wikimedia-l] Radiological images

2013-09-17 Thread Risker
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

Re: [Wikimedia-l] Radiological images

2013-09-17 Thread Katie Chan
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

Re: [Wikimedia-l] Radiological images

2013-09-17 Thread Erlend Bjørtvedt
irrelevent if not Art, thus the traditional copyright structure of said work. Joe Chirum From: Katie Chan k...@ktchan.info To: wikimedia-l@lists.wikimedia.org Sent: Tuesday, September 17, 2013 10:28 AM Subject: Re: [Wikimedia-l] Radiological images

Re: [Wikimedia-l] Radiological images

2013-09-17 Thread Joseph Chirum
-l@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

Re: [Wikimedia-l] Radiological images

2013-09-17 Thread Joseph Chirum
: 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

Re: [Wikimedia-l] Radiological images

2013-09-17 Thread Joseph Chirum
...@wikimedia.no To: Joseph Chirum sundog...@yahoo.com; Wikimedia Mailing List wikimedia-l@lists.wikimedia.org Sent: Tuesday, September 17, 2013 12:14 PM Subject: Re: [Wikimedia-l] Radiological images When we speak of CT or MR, the machine is in both cases operated by (at least) two persons. It seems

Re: [Wikimedia-l] Radiological images

2013-09-17 Thread Nathan
On Tue, Sep 17, 2013 at 4:48 PM, Joseph Chirum sundog...@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

Re: [Wikimedia-l] Radiological images

2013-09-17 Thread Joseph Chirum
. From: Nathan nawr...@gmail.com To: Wikimedia Mailing List wikimedia-l@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

Re: [Wikimedia-l] Radiological images

2013-09-17 Thread Nathan
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

Re: [Wikimedia-l] Radiological images

2013-09-17 Thread Joseph Chirum
, thus withholding personally identifying information of the images. From: Nathan nawr...@gmail.com To: Joseph Chirum sundog...@yahoo.com; Wikimedia Mailing List wikimedia-l@lists.wikimedia.org Sent: Tuesday, September 17, 2013 2:02 PM Subject: Re: [Wikimedia-l

Re: [Wikimedia-l] Radiological images

2013-09-17 Thread Andrew Gray
As often, I agree entirely with Risker - ethics and privacy are as big an issue here as copyright and we need to be able to give a clear declaration that both aspects are okay. That said, I think Nathan has spotted a way forward - OA journals might be the way to square this circle. Three points:

Re: [Wikimedia-l] Radiological images

2013-09-17 Thread Andrew Gray
It was certainly my understanding that most major medical journals have much better ethical clearance for publication of patient images than they did ten or twenty years ago. This isn't my field, so quite likely I've got the wrong end of the stick, but is it that only a few journals are

Re: [Wikimedia-l] Radiological images

2013-09-17 Thread James Heilman
So with issues around subject consent does this mean all images of people ( including those of their genitals ) should be removed from commons unless they have been previously published in a high quality open source journal? OTRS is really not sufficient if we are going to require a proper consent

Re: [Wikimedia-l] Radiological images

2013-09-17 Thread Risker
On 17 September 2013 23:56, James Heilman jmh...@gmail.com wrote: To address the issue of needing patient consent for release of X-rays in publications the General Medical Council in the UK says ethically it is NOT required. 1. 10. Consent to make the recordings listed below will be

Re: [Wikimedia-l] Radiological images

2013-09-17 Thread James Salsman
So, there has never been a copyright or privacy dispute involving any actual radiology image, nor has anyone been able to find any evidence of a hint of any such dispute. The law is silent on the question because there has never been such a dispute. Yet some people want to delete hundreds of such