@ Tomasz: Per "a) if the picture is taken automatically by machine in routine way (in case of X-ray, NMR and some other techinques this is usually atomatic and routine) - they are not copyrightable, as this is not any creative work." This is my understanding. X rays are taken in the exact same way each time. X ray techs are specifically not to use creative license even though their job requires skill.
@ David: Yes we do have US case law. It was in the previous link but here is a direct link to it http://www.ca10.uscourts.gov/opinions/06/06-4222.pdf X rays once the persons name / identifiers are removed do not contain identifiable information. Per the legal team here patient confidentiality is thus not a concern at this point. It is like taking pictures of someones cerebral spinal fluid as I have done here http://en.wikipedia.org/wiki/File:CSF.JPG I did not get this person permission. -- James Heilman MD, CCFP-EM, Wikipedian The Wikipedia Open Textbook of Medicine www.opentextbookofmedicine.com _______________________________________________ Wikimedia-l mailing list Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l
