Hi Julian - in before MEDEV and Naomi Korn (both of whom will give you amazing answers) but this is a moral rights issue not a license issue. I know there has been some work done on actual patient consent but this isn't the issue here.
My advice would be that it is fine to use the pics in this way (under license terms) but to have both a takedown policy and a disclaimer (image is of a model not an actual patient...)
David
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From: Open Educational Resources [[log in to unmask]] On Behalf Of Julian Tenney [[log in to unmask]]
Sent: 12 April 2013 15:56
To: [log in to unmask]
Subject: Question on CC License and Reuse
Hi,
Quick question, I suspect not a quick or straightforward answer.
Situation: Academic has taken CC licensed images from flickr for use in his learning objects. They are of people. Those images are used to illustrate medical history case studies, along the lines of ‘Here’s John. He’s 87. He suffers from dementia, and began forgetting things several years ago… etc’. You could imagine cases where the example is certainly not something you’d want written next to your picture…
…I think the CC license is a different issue to the subject of the photo giving their permission for it to be used, and that the CC license doesn’t imply that permission. A rights waiver is what’s required, and CC or no CC, the rights waiver is still required?
Does anybody know definitively?
Thanks,
Julian
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