I referred a patient to a private imaging clinic for MRI investigation. The exam was payed for. My question now is who has the IPRs for those images? Is it enough to ask the patient for his permission to publish the case or do I need the approval of the private clinic?
the copyright in MRI images belong to the person who has invested for it. the MRI images can be published at the request of the patient . however, for record purposes the imaging centre can keep it stored and may show it as a part of database of rest of IMR;s taken together.......
thank you for your answer. However I am still not 100% sure of what your position is.
I understand if I make a investment in a MRI machine all images belong to me, even if I ask the patient for money?
thank you again.
Simple - ask the patient.
When a patient comes for an MR scan, ask her to sign an agreement to the effect that you own copyright in all images and have the right to use them in your publications. In return you agree to ensure confidentiality - the images will be anonymised and the patient data given in your publications will be so minimal as to prevent the patient from being identified. For example, 'this is an image of a 50 year old female who had pains in the lower back'. Tell the patient that signing the agreement means helping medical science. If the patient herself is paying, offer a 5% reduction on the cost.
Finally check with the machine supplier to see if dynamic imaging is possible with the machine, e.g. EPI. Results are one hell of a lot quicker. And if you can afford it, buy an open magnet machine, the patients then don't get claustrophobic.
To be more legally pedantic, without such an agreement, the patient or her health provider is buying a copy of the image you take and the right to use it for her own healthcare purposes. Copyright in the image probably belongs to you, but you are under an implied obligation of confidentiality, i.e. you are not free to use it for other purposes.
Also check with the machine supplier whether their machines come with the option to view the image and progress through the image from the inside. The raw data is of a 3D block containing the relevant bit of the patient, but for convenience sake images are usually presented as simple cuts through the body; however, it is perfectly possible to present the image as if seen from inside and to allow the user to travel through it looking wherever they like. I once had a video of a 'flight' down the arteries of a rat - that way abnormalities can be easier to spot and home in on.
We are on two issues here. One on moral grounds , where the images belong to the patient. Period. The center has no rights to use the image in any manner . Another one on legal grounds........ where different jurisdictions have different orientations. For example HIPPAA is serious on medical records and protection. However, most of the countries especially emerging economies do not have a stringent privacy policy which protect the patient information.
So to answer your question who owns IPR , it depends on the country you are in...........
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