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images and specify who can access the images i.e. repository administrators or librarians. It is generally accepted that access to the images is through an authenticated password system. In this case it is important that users have a clear understanding of what they may and may not do with the material e.g. they may not distribute it.

The metadata (e.g. patient consent) about the patient must be retained to prove, for example, that patient consent has been obtained and to aid removal of the images should the patient so request in the future. However, access to the metadata about the image needs to be very rigorously controlled to meet the requirements for patient confidentiality.

Currently, services available from medical publishers to medical professionals require user registration and access via a secure password system. It is advisable to follow the stricter guidelines that are applied to public media.

Case studies Material: currently scattered collections of digital images and video for teaching, learning and reference, held in Medical School, Leeds University Purpose: to collect, manage, preserve and make accessible current resources Issues:

  • Patient confidentiality

  • Data protection of identifiable individual

  • Need for patient consent for all uses of material

  • Requirement for consent forms and extremely limited access to this metadata. Depending on consent forms while not for public media password protection seems to be sufficient in practice.

Material: MP3 sound files from a variety of sources, held at Leeds University Purpose: to provide learning material for medical students Issues:

    • performing rights in sound clips, presumably given permission to be reused.

    • Copyright in the sound recording may be joint between the employing institution and the patient, requiring both to give copyright release permission

    • Commercial material – copyright and other contractual conditions in the purchase – may be obviated by supplier’s willingness to participate in project. Need to ensure appropriate permissions are in place before project begins and apply to continued use of the material.

      • 3.6

        Music and motion capture

Many intellectual property rights surround music and dance in their various forms and need to be addressed before incorporating any music or motion captured material in a multimedia repository. For example:

  • copyright in the original musical work, including adaptation (in

arrangements and transpositions), publication right

  • moral rights

  • performing rights

  • rights in recordings

  • communicating to the public

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