Re: Re: Copyright in X-ray works

On Thursday, March 17, 2005, at 03:35 PM, David Dailey wrote:

> Raza Ahmed Siddiqui wrote:
>
> "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??"
>
> Well if I were the patient, I would certainly be the copyright holder
> since I have worked very hard using many aesthetic choices in
> life-style to make the inside of my body look the way it does. The
> fact that some camera-operator-doctor has fixed my performance by
> snapping the shutter does not occlude the fact that I created this
> work of art. It's sort of like when I give the grocery store
> permission to write down the creative contents of my shopping cart for
> purposes of tabulating my bill. They have a very limited implied
> license to use my creation.
>
> Just to be different,

And should be clear, having some fun that has little to do with copyright law as it is.

> David Dailey
>
>

-- 
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/

"The modern trouble is in a low capacity to believe in precepts which 
restrict and restrain private interests and desires."

Walter Lippmann