On Mon, Sep 16, 2013 at 7:07 PM, George Herbert <[email protected]> wrote: > > I think this would be an excellent time for the Foundation to use those > attorneys they have to render a real legal opinion as to whether this is > clear or not, safe or not, etc. ...
This somewhat predates me, so I can't answer questions on it, but we did a basic legal analysis on this topic a year ago: https://meta.wikimedia.org/wiki/Wikilegal/Copyright_of_X-Ray_Images Luis > > On Mon, Sep 16, 2013 at 2:12 PM, James Heilman <[email protected]> wrote: > > > > > From time to time there is discussion on Commons regarding the copyright > > > status of radiological images. As no one has any idea if they are > > > copyrightable and on the off chance they are, no one has any idea who > > would > > > owns the copyright, there is varying degrees of support to delete images. > > > (possibilities for ownership include, Xray tech, patient, ordering > > > physician, radiologist, employer which could be the hospital, health > > > region, government) > > > > > > So there are 10s of thousands of these images. They are of great > > > educational importance. Having Commons delete them all would be a shame. > > > Are we going to go with a copyright interpretation different than that of > > > the rest of the publishing industry, which allow both physicians and > > > patients to publish images? From what I remember from American law it is > > > frowned upon to have a lawsuit just to determine a legal interpretation. > > > > > > DIscussion regarding one image is here, however there have been a bunch > > of > > > others before this. > > > > > > > > https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Computed_tomography_of_human_brain_-_large.png > > > If > > > we go with a strict interpretation the only radiological images that > > would > > > be usable is those created by VA hospitals (maybe). -- Luis Villa Deputy General Counsel Wikimedia Foundation 415.839.6885 ext. 6810 NOTICE: This message may be confidential or legally privileged. If you have received it by accident, please delete it and let us know about the mistake. As an attorney for the Wikimedia Foundation, for legal/ethical reasons I cannot give legal advice to, or serve as a lawyer for, community members, volunteers, or staff members in their personal capacity. _______________________________________________ Wikimedia-l mailing list [email protected] Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, <mailto:[email protected]?subject=unsubscribe>
