I think the question of who owns the copyright is just plain unsettled law. Debating it here isn't going to resolve an issue that is, in the legal realm, unresolved. My own guess is that the organization employing the people performing the imaging likely owns the copyright barring agreements otherwise, but the circumstances vary so much that only an image by image analysis of the legal conditions that apply will resolve ownership for any particular image.
But quite apart from the legal issues, there are ethical considerations that shouldn't be ignored for the sake of expediency. While an x-ray or CT or other image may not fall under HIPAA (because it isn't generally personally identifying), it is still an image of a human being who ought to - and in some jurisdictions may by law - have some control over its use. What James Heilman appeared to be seeking was a quick response affirming that x-rays can be used freely without encumbrance by concerns over ownership or permission. Despite his ultimatum that he would take his considerable energy and effort elsewhere, it doesn't seem like he's going to get that from contributors to this thread. That doesn't mean there is no possible solution. If we use images garnered from journals, institutions and repositories with rigorous patient consent rules, and treat those from other sources carefully, I imagine that encyclopedia editors will find an adequate number of images to properly illustrate articles. But that would have to take place under an EDP, and I don't see Commons getting around the issue of ownership until the legal landscape is more settled. _______________________________________________ Wikimedia-l mailing list [email protected] Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, <mailto:[email protected]?subject=unsubscribe>
