The purpose of radiological images is not to make money in the market, nor to 
benefit in the arena of copyright holdings, but rather to provide knowledge 
which is of benefit to specialists and researchers in the field.


________________________________
 From: Erlend Bjørtvedt <[email protected]>
To: Joseph Chirum <[email protected]>; Wikimedia Mailing List 
<[email protected]> 
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 that they perform different tasks (the machines are big 
and complex). It also seems that the operation of both persons is necessary for 
the images to be taken.
 
Quite apart from the question of who actually takes the image, the question of 
creative / artistic work is interesting. Is an x-ray image artistic, or is it 
part of a clinical process. The same really goes With the geologicing surveying 
image of a sea bottom taken by a geo-service vessel, the "machines" being 
operated by a number of crew. First question is who of them took the image, the 
next question is whether or not the geological mapping image is artistic at 
all. I think it's not.
 
Erlend



2013/9/17 Joseph Chirum <[email protected]>

In my opinion, the patient is the copyright holder.  for these reasons 
mentioned by Erlend.  The hospital is an institution, and the photographer is 
an employee.  Therefore the patient is the consumer, and thus the patron, in 
turn forming an agreement as to the subject matter, and thus the content of the 
original work of technical craft, if not Art.  Artist's rights are thus 
rendered irrelevent if not Art, thus the traditional copyright structure of 
said work.
>
>Joe Chirum
>
>
>
>________________________________
> From: Katie Chan <[email protected]>
>To: [email protected]
>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) - certainly not, that would be
>> like Nikon and Canon holding rights to all photos on Commons...
>>
>> The hospital - certainly not, since there ar eindividuals running the
>> machine who are closer to the rights.
>
>Those individuals, in the case of the operators would probably / could
>well come under work for hire.
>
>> The operators - well in the case of CR there are two, and they only push a
>> button (i.e., not artistic). They are Remote from the Object, do not see
>> it, and do not Direct the skanner ("camera") to adjust or improve the final
>> image.
>
>Someone taking a photograph using a point and shoot compact camera also
>only push a button, yet the law have no problem with assigning copyright
>to the photographer.
>
>> The patient - the only real candidate in my view. While as a patient you
>> are alone With the machine, the only one present in the room, and you move
>> to get Your body in the right position (i.,e., you are the primary agent to
>> make the image successful).
>>
>> Erlend, Oslo
>
>Katie
>
>--
>Katie Chan
>Any views or opinions presented in this e-mail are solely those of the author 
>and do not necessarily represent the view of any organisation the author is 
>associated with or employed by.
>
>
>Experience is a good school but the fees are high.
>      - Heinrich Heine
>
>
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-- 

Erlend Bjørtvedt
Nestleder, Wikimedia Norge
Vice chairman, Wikimedia Norway
Mob: +47 - 9225 9227
http://no.wikimedia.org
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