Hi
... the problem
lies not in the patient's cooperation, but the images taken actually
belong to the facility (i.e. the hospital or imaging business)
Actually, it is probably not as clear as that.
In many US states, the facility owns the physical record, yes, by
statute, but the patient has a right to a copy of the record (as
per HIPAA at the very least), and indeed the patient is sometimes
said to own the "information" as opposed to the "record".
Now, since a facility cannot fail to give the patient a copy,
can they attempt to restrict what the patient may do with that
copy, such as prevent them from giving the information away ?
In the absence of specific regulation or case law one way or another,
would that be a contractual matter between the facility and the
patient ?
Is it an intellectual property matter ? Are medical images considered
"creative works" and hence subject to copyright ? I am not aware
that they are, but if they were, who would hold the copyright exactly,
and on what, the form of the copy or the information itself, and
would a de-identified version of the images be a "derivative work",
etc.
Anyway, the "ownership" of such images is an interesting question
that I will revisit in my blog if there turns out to be any useful
information forthcoming from any source.
David