Re: Copyright in X-ray works

Lots of issues lurking here.

First, since you are in Hyderabad, India, I would assume the events happened in India and Indian law would apply. I don't know Indian law on this point.

Second, it is my understanding that India does not follow the curious US approach to work-for-hire so that would not be a concern, at least using US complexities.

Third, assuming India follows the more common approach of making the natural person the copyright holder (which, curiously enough, the US does for patents, but not copyrights), the person who made or authored or created the work would be the copyright holder. This would be the photographer -- which would include the X-Ray technician or the person who actually took the pictures.

Fourth, assuming India, as in the US, treats x-rays as photographs, the same criteria for copyrightability would apply. The skill and choices and art involved in taking an x-ray would seem to me to qualify for copyright in the US. Just deciding what you really want to look at, from what angle, the posing, etc., would seem to be quite strongly analogous to posing someone for a formal portrait.

Fifth, India takes an approach to intellectual property sometimes favoring the public interest more than does, say, the US. So for medical records India may choose not to copyright them and this could include x-rays taken for medical purposes.

Sixth, the person is paying for the service, not the picture, at least in the US. So, the doctor owns the medical records. The radiologist (or, in the US, his or her employer) owns the image. This is also the case for professional photographers -- they own the copyright in the images of one's wedding -- but you get the prints you contracted for.

Steve

On Tuesday, March 15, 2005, at 05:35 PM, Raza Ahmed Siddiqui wrote:

> 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
>

-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:sjamar[_at_]law.howard.edu
Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/

"It is by education I learn to do by choice, what other men do by the 
constraint of fear."

Aristotle