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ARTICLE · 22 SEPTEMBER 2010

Are Health Records Protected By Copyright?

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On 4 May 2010 the Federal Court of Australia held that copyright did not subsist in a number of health records created and maintained by a health care provider. Therefore, they were not an asset of the business.

AustraliaConsumer Protection
Swaab Author
Swaab Author
Sam Dempster
Sam Dempster
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In brief - Health records and copyright

On 4 May 2010 the Federal Court of Australia held that copyright did not subsist in a number of health records created and maintained by a health care provider. Therefore, they were not an asset of the business.

The health records were health summary sheets, consultation notes, referral letters and other letters written in respect of patients.

Importance of copyright status of health records

The question was important because, if copyright subsisted, the owner of the health records would have been able to claim a more favourable tax position. The decision also has ramifications for apportionment of the price on the sale of any medical or allied health practice.

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