Evidently, it is not safe to post individual images on any platform that could be seen as an economically valuable database. What it makes of Facebook, is unclear, as the amount of pictures is still big but they're diluted by other content, yet Flickr is definitely in danger. Still, this seems to target the database owners, not the individual uploaders. BUS probably hasn't realized yet there is Commons.
The part about the authors' right to exploit new technologies goes in principle clearly against any kind of free culture. If, say, the rules about music had been set on 1960s, on similar basis one could infer that music in public domain on vinyls but not in digital form, because this is a new technology and though Bach is not around to gather his fees, collective society certainly is. Usually people think that if there is a new technology, it is open by default, the usual freedoms are extended to it; this decision says anything new is closed by default. Raul On Tue, Apr 5, 2016 at 4:00 AM, Ryan Kaldari <[email protected]> wrote: > On Mon, Apr 4, 2016 at 6:34 PM, Johan Jönsson <[email protected]> > wrote: > >> 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 >> > > According to that article, it sounds like it mostly depends on how popular > your website is, and unfortunately the court didn't offer any suggestions > for what constitutes sufficient "economic significance", other than the > bizarre claim that postcards don't meet that threshold (although I'm sure > that far more money has been made off of Swedish FoP postcards than images > from Offentligkonst.se). In the absence of any guidelines, will people want > to take the risk of even posting individual images? I'm sure BUS will start > threatening to sue anyone who doesn't pay licensing fees regardless, as the > lack of clarity certainly plays to their advantage. > > _______________________________________________ > Publicpolicy mailing list > [email protected] > https://lists.wikimedia.org/mailman/listinfo/publicpolicy > >
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