Indeed – a whole lot of credit to the work of FKAGEU! You are obviously much more competent on the EU law aspects than what I am, John. Two things that did help us in Sweden was language and legal tradition. The literal translation of 'work of visual art' has a narrower meaning in Swedish than what it does in English, and as the literal translation does exist in Swedish law, but in a way that does not seem to correspond to what the Copyright Directive intended with the phrasing 'work of visual art', it was possible to convince the lawmakers that *bildkonstverk* (the Swedish word) was a problematic proposal (as originally formulated in the Swedish translation of the directive) and that we should go for *konstverk* (which has a slightly broader meaning than *work of visual art*) instead. With the help of several cultural heritage institutions, we made a long list of all the kinds of artwork that could *potentially *be seen as "bildkonstverk", but not necessarily, and that it would be very beneficial for the digitization of the Swedish cultural heritage to have a broader rather than narrower implementation. Let's hope that it survive the ECJ.
Best, *Eric Luth* Projektledare engagemang och påverkan | Project Manager, Involvement and Advocacy Wikimedia Sverige [email protected] +46 (0) 765 55 50 95 Stöd fri kunskap, bli medlem i Wikimedia Sverige. Läs mer på blimedlem.wikimedia.se Den tors 1 dec. 2022 kl 13:15 skrev John Hendrik Weitzmann < [email protected]>: > Congrats to Eric et al !! 🎉 This is clear proof of how meaningful and > impactful wikimedian advocacy efforts are :) > > On the copyright law side there are 2 grains of salt to mention: As the > CDSM Directive for the most part fully harmonises what it covers, there is > a remaining risk that the ECJ might rule that the SE law can only be > applied to works of visual art, even though it reads broader. How likely > such a decision is I cannot really assess at this point. The second grain > concerns acoustic art, where very often (and more so compared to visual > art) reproductions require an interpretation contribution by performing > artists, like orchestras and studio musicians. One reason for limiting Art. > 14 to works of visual art was to steer clear of impeding on related rights > of those performing artists. That would not have been necessary if the > qualifier "faithful" or "verbatim" would not have been struck out of the > draft in the committee, or if the "unless ..." part of Art. 14 would have > drawn on something like "requires interpretation by performing artists" > (instead of that purely declaratory "own intellectual creation"). But > still, Art. 14 solves many things for the wikiverse and beyond, and is the > _only_ entirely new regulatory function that civil society managed to push > into the copyright reform, credits going to all involved in F.K.A.G.E.U. 🌠 > > Greetings from the train > John > > > Am Do., 1. Dez. 2022 um 11:06 Uhr schrieb Eric Luth < > [email protected]>: > >> Thanks! And definitely, Lilli. I also don't think that too many countries >> have implemented Article 14 yet (?) so there should be some room left for >> trying out the same arguments, in those countries where it would be >> relevant. >> >> Best, >> *Eric Luth* >> Projektledare engagemang och påverkan | Project Manager, Involvement and >> Advocacy >> Wikimedia Sverige >> [email protected] >> +46 (0) 765 55 50 95 >> >> Stöd fri kunskap, bli medlem i Wikimedia Sverige. >> Läs mer på blimedlem.wikimedia.se >> >> >> Den tors 1 dec. 2022 kl 10:55 skrev Lilli Iliev <[email protected] >> >: >> >>> +1 Congratulations on this success. Also the aspect of the possible >>> benefit for visibility of art by women is good to see. A mapping of the >>> development of the efforts of Wikimedians in this field would also be >>> great. >>> >>> best wishes from Berlin >>> Lilli >>> >>> Am Do., 1. Dez. 2022 um 10:38 Uhr schrieb Franziska Putz < >>> [email protected]>: >>> >>>> This is great news!!! >>>> >>>> What a success story to share. >>>> >>>> @Eric I would love to reach back out in 2023. I'm thinking of kicking >>>> off a mapping of the Copyright advocacy work that Wikimedians have done >>>> over the past few years, including convening calls in which individuals can >>>> talk about their specific efforts and experiences, as well as collecting >>>> materials that we can compile into one big resource for everyone. It would >>>> be great to collect your learnings and also to have you present your >>>> experience at one of these sessions! >>>> >>>> All the best, >>>> Ziski >>>> >>>> On Thu, Dec 1, 2022 at 9:23 AM Eric Luth <[email protected]> >>>> wrote: >>>> >>>>> Hi everyone, >>>>> >>>>> The Swedish parliament just voted (a few hours ago) on the final >>>>> implementation of the EU Copyright Directive in Swedish law. The vote >>>>> passed, which of course embeds all the issues with the EU Copyright >>>>> Directive in Swedish law, but also brings the good parts. >>>>> >>>>> I'd especially like to mention one thing that I'm very happy that we >>>>> succeeded with in our advocacy: to broaden the so called Article 14, often >>>>> phrased as the the 'safeguarding of the public domain', in the Swedish >>>>> implementation. >>>>> >>>>> The EU Copyright Directive states that no new copyright or related >>>>> right can be applied on digitizations / digital reproductions of 'works of >>>>> visual art' – a practice which has been fairly common in Sweden. Based on >>>>> our feedback and advocacy towards Swedish government and parliament, it >>>>> was >>>>> however broadened to 'works of art', which certainly includes everything >>>>> in >>>>> the grey zone between what could be defined as work of art and work of >>>>> visual art respectively (such as applied arts, handicraft, probably also >>>>> manuscripts etc.). >>>>> >>>>> In Sweden, the creation of the kinds of art works just mentioned have >>>>> historically been dominated by women – which also means that we have a >>>>> much >>>>> stronger legal framework for making women's art visible online in Sweden. >>>>> >>>>> This will mean a whole new opportunity for working with the >>>>> digitization of the Swedish cultural heritage. >>>>> >>>>> Happy to reply to any questions on this (or anything else about the >>>>> Swedish implementation, of course). >>>>> >>>>> Best, >>>>> *Eric Luth* >>>>> Projektledare engagemang och påverkan | Project Manager, Involvement >>>>> and Advocacy >>>>> Wikimedia Sverige >>>>> [email protected] >>>>> +46 (0) 765 55 50 95 >>>>> >>>>> Stöd fri kunskap, bli medlem i Wikimedia Sverige. >>>>> Läs mer på blimedlem.wikimedia.se >>>>> _______________________________________________ >>>>> Publicpolicy mailing list -- [email protected] >>>>> To unsubscribe send an email to [email protected] >>>>> >>>> _______________________________________________ >>>> Publicpolicy mailing list -- [email protected] >>>> To unsubscribe send an email to [email protected] >>>> >>> _______________________________________________ >>> Publicpolicy mailing list -- [email protected] >>> To unsubscribe send an email to [email protected] >>> >> _______________________________________________ >> Publicpolicy mailing list -- [email protected] >> To unsubscribe send an email to [email protected] >> > _______________________________________________ > Publicpolicy mailing list -- [email protected] > To unsubscribe send an email to [email protected] >
_______________________________________________ Publicpolicy mailing list -- [email protected] To unsubscribe send an email to [email protected]
