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 a format like Commons is going to be tough, but that
could be resolved with a policy of only using images published by an
organization known to pursue permission where feasible.

On Tue, Sep 17, 2013 at 9:15 AM, Mathias Schindler
<[email protected]> wrote:
> On Tue, Sep 17, 2013 at 1:06 PM, James Heilman <[email protected]> wrote:
>> My concern is that if we are going to be both super cautious and assume
>> that X-rays are copyrightable than we will need to get permission from all
>> 9 potential copyright holders (ordering physician, patient, radiologist,
>> hospital, government, X-ray tech, machine manufacturer, software
>> programmer and the Queen of English in my jurisdiction, shareholders of
>> hospitals in other jurisdictions).
>
> Out of the 9 categories of potential copyright holders, we should be
> able to eliminate patients as they are not an active part of the
> creation process and there is no transfer of copyright to them.
>
> Mathias
>
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