An interesting commentary has just gone up by Eleanora Rosati on the
well-known IPKat blog:
http://ipkitten.blogspot.co.uk/2016/04/swedish-supreme-court-uses-three-step.html
Her conclusion may be of some concern, that the Swedish decision may in
fact be correct, at least in terms of a narrow application of the 3-step
test.
If that is correct, then this logic could apply not just to Sweden, or
even to the EU, but to all signatories of either TRIPS or Berne -- i.e.
pretty much everywhere.
Previously there has been concern that the boilerplate inclusion of
3-step language in the Trans-Pacific Trade deal may be incompatible with
current U.S. caselaw on Fair Use.
This application of the 3-step test in Sweden may just have upped the
stakes considerably.
--
The Guardian website also has a longish English-language article on the
decision, from Agence France-Presse:
http://www.theguardian.com/world/2016/apr/05/wikimedias-free-photo-database-of-artworks-violates-copyright-court-rules
-- James.
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