2016-04-05 1:46 GMT+02:00 Ryan Kaldari <[email protected]>: > On Mon, Apr 4, 2016 at 4:39 PM, Johan Jönsson <[email protected]> wrote: >> >> 2016-04-04 19:44 GMT+02:00 Ryan Kaldari <[email protected]>: >> > [Warning: This is a layman's analysis. I'm not a lawyer.] >> > >> > Wow, this is a pretty incredible decision. It seems the Swedish Supreme >> > Court has gutted the country's Freedom of Panorama law (for all works >> > including buildings) by simply declaring that the the law's statement >> > that >> > "Works of art may be reproduced..." ("Konstverk får avbildas...") >> > doesn't >> > apply to the internet. >> >> Not necessarily – you're still free to post your vacation pictures on >> Instagram or Facebook, for example, as I understand it. But for us >> that's almost irrelevant: if you want to make information about public >> spaces available to the public, you need to do so in a structured way >> and they need to be able to easily find it. > > > The actual conclusion is pretty vague. It basically just says "The way > Wikimedia is using these images fails the three-step rule of the EU > Directive." It cites several different reasons: that the images are in an > "open database", that there is significant commercial value in the database, > that no compensation is provided to the authors, and that the right to > exploit "new" technology in this way should remain with the authors. It > seems unclear whether posting images on Facebook or Flickr would also fail > these tests. Has anyone written a thorough legal analysis on the > implications?
I should probably have added "but of course, there's a pretty good chance I don't know what I'm talking about" to "as I understand it". The decision came today, so the legal analysis that exists isn't very thorough, but here's a comment from a Swedish copyright lawyer – former lawyer for the Association of Swedish Photographers – whose interpretation is that it's mainly about databases rather than individual images: http://www.fotosidan.se/cldoc/lag-och-ratt/fotosidans-jurist-om-konsekvenserna-av-hd.htm //Johan Jönsson -- _______________________________________________ Publicpolicy mailing list [email protected] https://lists.wikimedia.org/mailman/listinfo/publicpolicy
