On Mon, Aug 20, 2012 at 3:17 PM, geni <geni...@gmail.com> wrote: > On 20 August 2012 12:52, David Gerard <dger...@gmail.com> wrote: >> On 20 August 2012 12:50, Anthony <wikim...@inbox.org> wrote: >>> On Mon, Aug 20, 2012 at 7:47 AM, David Gerard <dger...@gmail.com> wrote: >> >>>> I'm sure that collectively we can bloviate with the best of 'em on the >>>> topic - but do we have any case law whatsoever anywhere on the topic >>>> that might give real-world pointers? >> >>> It's a question of fact, not a question of law. >> >> >> Then any real-world examples of the question arising. >> > > > I doubt it. Most X-rays aren't worth enough to be worth suing over and > the handful that are mostly derive for the scientific community who > tend not to sue people over the issue of copyright. >
>From what I've seen, copyright doesn't even enter into the institutional perspective here. The framework is all about controlling the flow of patient information. My partner (a doctor doing residency at the main hospital system in Pittsburgh) would have to go through the Institutional Review Board system to publish medical images, even ones nominally free of identifying information. She'd be able to have them published for certain purposes (case studies and other things that are about medical practice, but are not research per se) without patient permission. For research and other purposes, she would need permission of the patients even for nominally non-identifying medical info. But there aren't any additional hurdles regarding assignment of copyright to the publishers. On the other hand, medical technicians and doctors who create ultrasound images for pregnant women distribute them to the women (and even intentionally frame some as "portraits", with at least a little bit of creativity involved) to do with as they please. I'd say, whatever the copyright status, she'd risk her job by distributing something like X-rays without going through the IRB system. And if she got IRB permission, asserting PD status or copyleft status or whatever wouldn't likely be a problem. -Sage _______________________________________________ Wikimedia-l mailing list Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l
