Question When were the images taken?
Have the images been anonymised as far as possible?
Has the material previously been published?
If the copyright was assigned to the publisher has it been cleared with the publisher? Who took the images e.g. clinician, technician
Are the appropriate metadata and permission available to be linked to the record?
Answer Pre 1997 images should be replaced with similar ones as soon as possible. If not anonymised the decision to use must be justifiable to the patient – good idea discuss with colleagues. So presumably consents were in place? Was copyright assigned to the publisher or retained? If not, can it be cleared or other images substituted? If creator was undertaking his or her normal duties then copyright belongs to institution (or health authority) and no moral rights subsist. Must have metadata including patient’s consent which can be accessed if required to remove image.
Music There are likely to be several copyrights in most forms of music materials. Negotiating a way through collecting societies for publishers, performing rights, authors etc can be challenging. It is very important to do so.
What is the form of the original material?
e.g. scores, sound recordings, broadcast recordings, motion capture. Establish the
Is the form one that qualifies for copyright protection? What rights are there in the form e.g. copyright in the music, lyrics, rights of the performers. Do you know who holds the differing rights?
Have all the various rights been cleared for the intended use of the material e.g. teaching, research. Are there uses which have been restricted or not permitted?
protection that applies to the ‘fixation’. See general copyright guidance. Identify all the rights.
We need to know all the holders of the various rights. Permissions need to be linked to the material.
Any restrictions such as requirement for secure access need to be noted carefully and appropriate notices put in place. These will also depend on the degree ‘openness’ allowed.