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ERIC Number: EJ1462644
Record Type: Journal
Publication Date: 2025-Mar
Pages: 12
Abstractor: As Provided
ISBN: N/A
ISSN: ISSN-1935-9772
EISSN: EISSN-1935-9780
Available Date: 2025-02-10
Legal and Ethical Considerations around the Use of Existing Illustrations to Generate New Illustrations in the Anatomical Sciences
Anatomical Sciences Education, v18 n3 p289-300 2025
It is likely existing anatomical illustrations are often used as the basis for new illustrative works, given not all illustrators have access to human tissues, bodies, or prosections on which to base their illustrations. Potential issues arise with this practice in the realms of copyright infringement and plagiarism when authors are seeking to publish, a matter becoming more prevalent with the proliferation in publishing platforms and the increased adoption of generative artificial intelligence applications within academia. However, there is little published guidance that might inform authors when using an existing illustration as the basis for new work. This article provides information pertaining to copyright, copyright infringement, fair use and fair dealings, plagiarism, and the overlap of copyright and plagiarism to highlight issues of law and ethics that are relevant to the creation of illustrations. Interestingly, the determination of exactly what constitutes an "original" illustration per construction from a secondary source has not been determined in case law for anatomy illustrations. This fact illuminates the absence of a "bright-line" test for illustration reproduction and the difficulties in the objective assessment of what constitutes a "nonoriginal" illustration. The term "substantively different" is useful for determining whether illustrations derived from secondary sources can be deemed original. This article delivers guidance on how to develop illustrations with reference to determining whether copyright has been breached or plagiarism has occurred. It also provides information that will direct decision-making around illustrative content.
Wiley. Available from: John Wiley & Sons, Inc. 111 River Street, Hoboken, NJ 07030. Tel: 800-835-6770; e-mail: cs-journals@wiley.com; Web site: https://www-wiley-com.bibliotheek.ehb.be/en-us
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Grant or Contract Numbers: N/A
Author Affiliations: 1Centre for Early Learning in Medicine, Otago Medical School, University of Otago, Dunedin, New Zealand; 2Copyright and Open Access, University of Otago, Dunedin, New Zealand; 3Theatre and Film/Arts Emerging Media Lab, University of British Columbia, Vancouver, British Columbia, Canada; 4Division of General Pediatrics, Department of Pediatrics, Boston Children's Hospital, Harvard Medical School, Boston, Massachusetts, USA; 5Levy Library, Scholarly and Research Technologies, Icahn School of Medicine at Mount Sinai, New York, New York, USA; 6Department of Anatomy, Midwestern University, Glendale, Arizona, USA; 7Department of Anatomy, Cell Biology, & Physiology, Indiana University School of Medicine, Indianapolis, Indiana, USA; 8Department of Cellular & Physiological Sciences, Faculty of Medicine, University of British Columbia, Vancouver, British Columbia, Canada