credits on the work should also be added to the machine operator, as they would
be akin to the photographer. However they are simply contracted, and not the
independent conceptualizer of the work, in its final output. There may be
observers present, and the observer always affects the result of the observed,
in the privacy realm of patient to doctor operations, there should
theoretically be at least 2 people present, at the time of the creation of the
radiological image. Therefore some median agreement of rights at least ,
should go to the patient and the operator in a dual fashion primarily, with the
hospital or medical center having no copyright priviliges, except those under
patient/operator direction.
________________________________
From: Erlend Bjørtvedt <erl...@wikimedia.no>
To: Joseph Chirum <sundog...@yahoo.com>; Wikimedia Mailing List
<wikimedia-l@lists.wikimedia.org>
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 <sundog...@yahoo.com>
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 <k...@ktchan.info>
>To: wikimedia-l@lists.wikimedia.org
>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
>
>
>_______________________________________________
>Wikimedia-l mailing list
>Wikimedia-l@lists.wikimedia.org
>Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l,
><mailto:wikimedia-l-requ...@lists.wikimedia.org?subject=unsubscribe>
>_______________________________________________
>Wikimedia-l mailing list
>Wikimedia-l@lists.wikimedia.org
>Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l,
><mailto:wikimedia-l-requ...@lists.wikimedia.org?subject=unsubscribe>
--
Erlend Bjørtvedt
Nestleder, Wikimedia Norge
Vice chairman, Wikimedia Norway
Mob: +47 - 9225 9227
http://no.wikimedia.org
_______________________________________________
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l,
<mailto:wikimedia-l-requ...@lists.wikimedia.org?subject=unsubscribe>