Perhaps if all parties are in agreement, the image can be entered into the 
Public Domain.  The goal of this would be to aid researchers and scientists.  
The images cannot be stuck in limbo forever, so by setting them into the public 
domain, they become non-copyrightable if HIPPA is exempt, thus withholding 
personally identifying information of the images.


________________________________
 From: Nathan <[email protected]>
To: Joseph Chirum <[email protected]>; Wikimedia Mailing List 
<[email protected]> 
Sent: Tuesday, September 17, 2013 2:02 PM
Subject: Re: [Wikimedia-l] Radiological images
 

On Tue, Sep 17, 2013 at 4:48 PM, Joseph Chirum <[email protected]> wrote:
> If it were Art, the copyright would be clearly defined.  If it is technical 
> craft in the medical field, such images fall unto another category all 
> together.  Any display of such images would need the patient consent to be 
> HIPPA compliant, or other agreement binding.

It's just not that simple, unfortunately. HIPAA applies to personally
identifying information; I think it'd be easy to argue that the
presumption on imagery, devoid of identifying accompanying text, is
that it is de facto de-identified and thus exempt from HIPAA scrutiny.
_______________________________________________
Wikimedia-l mailing list
[email protected]
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, 
<mailto:[email protected]?subject=unsubscribe>

Reply via email to