Hi Eric,
we had a similar situation with the DE translation. The Swedish "bildkonstverk"
you mention is probably similar in scope to the German "Werk der bildenden
Kunst", which was chosen by the translation service, but which is not quite
identical in scope to the English "work of visual art", as you said. The
verb "bilden" is closer to the EN "to build" than to
"pictoral" or
"visual", which in turn would rather be translated to the adjective
"bildlich" in German. Also the work type "Werk der bildenden Kunst" in
the DE
copyright code § 2 <https://www.gesetze-im-internet.de/urhg/__2.html> is
listed separately from photographic and cinematographic works, as is
probably the case in many other jurisdictions (and it is in the official
translation of the DE copyright code to English
<https://www.gesetze-im-internet.de/englisch_urhg/englisch_urhg.html#p0018>
translated
as "artistic works", to make the mess complete :)
In order to widen the scope and bring the transposition more in line with
the directive's "works of visual art" we introduced the new and thus
'unstained' term "visuelle Werke" = "visual works". This is
meant to cover
any type of work primarily perceived visually. Therefore we still have some
potential encroachment into related rights of performing artists in our new
§ 68 of the DE copyright code
<https://www.gesetze-im-internet.de/urhg/__68.html> (nota bene: The
abovementioned official EN translation goes back to translating "visuelle
werke" as "works of visual arts"). For example choreographies could be
seen
as covered by § 68, due to being a very visual type of work, at least in
execution. But after having had consideration for music performers'
interest we needed to prioritise safeguarding the PD over the interests of
dancers and choreographers – who were also not well represented anywhere
(my guess is, because they don't like to organise, but hey). Also, it's not
our fault, or yours in SE for that matter, that the directive fails to
differentiate by the factor of the reproduction including an act of
interpretation or not. So there was only so much that could be done in
transposition.
Anyways, I'd be keen on hearing more nitty bitty details about the process
in SE, maybe at the BFBM VIII? I'll head over to London Calling now ...
Best
John
Am Do., 1. Dez. 2022 um 17:47 Uhr schrieb Eric Luth <eric.luth(a)wikimedia.se
:
> 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
> eric.luth(a)wikimedia.se
> +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 <
> john.weitzmann(a)wikimedia.de
:
>
>> 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 <
>> eric.luth(a)wikimedia.se
:
>>
>>> 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
>>> eric.luth(a)wikimedia.se
>>> +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 <
>>> Lilli.Iliev(a)wikimedia.de
:
>>>
>>>> +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 <
>>>> fputz(a)wikimedia.org
:
>>>>
>>>>> 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
<eric.luth(a)wikimedia.se>
>>>>> 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
>>>>>> eric.luth(a)wikimedia.se
>>>>>> +46 (0) 765 55 50 95
>>>>>>
>>>>>> Stöd fri kunskap, bli medlem i Wikimedia Sverige.
>>>>>> Läs mer på blimedlem.wikimedia.se
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