In our copyright legislation (does Indian law say the same?), the government
was anxious to ensure they were technologically neutral so a photograph is
defined as "a recording of light or other radiation on any medium on which
an image is reproduced or from which an image may by any means be
reproduced, and which is not part of a film". They did deliberately want to
include x-rays, but of course that begs the question of originality in such
a thing. It is unlikely that a high level of creativity will be needed for
there to be copyright in a conventional photograph (by which I mean a
recording of light on any medium) because people keep taking pictures of the
same view, a matter that I recall prompting an interesting discussion in
Parliament at the time. Whether sufficient work goes into an x-ray is a
moot point, and (unsurprisingly) there are no decided cases to look at. But
certainly x-rays are treated exactly as photographs are treated, so there is
the answer to your basic question.
Peter Groves
Consultant
Bircham Dyson Bell, 50 Broadway, London SW1H 0BL
www.bdb-law.co.uk
Direct line 020 7170 0327
Mobile 07970 175097
-----Original Message-----
From: Raza Ahmed Siddiqui [mailto:copyright[_at_]razabhai.com]
Sent: 15 March 2005 22:36
To: CNI-COPYRIGHT -- Copyright & Intellectual Property
Subject: [CNI-(C)] Copyright in X-ray works
Dear Friends
A few years back there was discussion on this forum regarding copyright protection to x-ray's. I hope members out there have more updated information on the said issue and would share it with me.
Currently the query is whether Copyright in X-Rays are treated on par
with photographs..and secondly who is the owner..whether it is the
patient at whose instance the x-ray is taken and he is the one who
compensates for the work..or is it the
hospital/institution/radiographer who are considered as the authors of
such work??
I have a peculiar situation where in a doctor claims copyrights in age old x-ray exhibits of his patients who didnt pay up because they were poor..and hence he claims rights over them..and uses them for commercial purpose and now wants to enjoin others from using it as reference in their respective works...
Hoping with some valuable suggestions..
Regards,
Raza Ahmed Siddiqui
B.Com(H),LLb,PGDIPR,GCIP
ADVOCATE
RAZABHAI (SM)
INTELLECTUAL PROPERTY LAW ATTORNEYS
HYDERABAD, INDIA
Mob : 091-9246531923
Email : razabhai[_at_]yahoo.com
URL : http://www.razabhai.com
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