Let's see if the digital single market directive will harmonize FOP. That might be the only positive content of current drafts.
Henning
-------- Ursprüngliche Nachricht --------Von: Alex Stinson <astinson(a)wikimedia.org> Datum: 07.07.17 18:07 (GMT+01:00) An: Publicpolicy Group for Wikimedia <publicpolicy(a)lists.wikimedia.org> Cc: "Wikimedia & GLAM collaboration [Public]" <glam(a)lists.wikimedia.org>, Wikimedia Chapters cultural partners coordination <cultural-partners(a)wikimedia.ch>, wikilovesmonuments(a)lists.wikimedia.org, wikimedia-l(a)lists.wikimedia.org Betreff: Re: [Publicpolicy] Wikimedia Sverige vs. the Visual Copyright Society in Sweden (BUS)
Well bummer. I hope that you can figure out a good lobbying next step.
Cheers,
Alex
On Fri, Jul 7, 2017 at 11:41 AM, John Andersson <john.andersson(a)wikimedia.se> wrote:
Today we received some bad news in Sweden. The Swedish Patent and Market Court ruled against Wikimedia Sverige in a lawsuit filed by Visual Copyright Society in Sweden (BUS). The case concerns images of public art online, more specifically in the case of our website Offentligkonst.se, a service created by Wikimedia Sverige using images from Wikimedia Commons.
The ruling means that Freedom of Panorama is eroded and the public space is diminished. It is a detrimental loss for our projects. Next we will talk to our lawyers and WMF legal team to see what our remaining legal options are. Our lawyers however believe that success is not very likely if we would decide to move forward.
Intensive efforts to advocate for our elected officials to change the outdated and problematic clauses in Swedish copyright law will be initiated during the year.
We have also started a crowdfunding campaign to cover some of the cost of the legal expenses and fines of about 750,000 SEK stated in the verdict (around 89,000 USD) and for future national and international lobbying efforts. Please consider making a donation at http://wikimedia.se/en/donera, even if it is a symbolic sum. Simply add “BUS” in the comment, and all the money will be used for these costs.
Some useful links (in Swedish):The legal argumentation from the court: http://www.bildupphovsratt.se/sites/default/files/upload/stockholms_tr_pmt_… Our press release: https://www.mynewsdesk.com/se/wikimedia-sverige/pressreleases/domslut-krymp… A timeline of what has happened: https://se.wikimedia.org/wiki/Offentligkonst.se/Stämning
Best,
John- - - -John AnderssonExecutive Director
Wikimedia Sverige
Phone: +46(0)73-3965189Email: john.andersson(a)wikimedia.se Skype: johnandersson86
_______________________________________________
Publicpolicy mailing list
Publicpolicy(a)lists.wikimedia.org
https://lists.wikimedia.org/mailman/listinfo/publicpolicy
--
Alex Stinson GLAM-Wiki StrategistWikimedia FoundationTwitter:@glamwiki/@sadads
Learn more about how the communities behind Wikipedia, Wikidata and other Wikimedia projects partner with cultural heritage organizations: http://glamwiki.org
tl;dr
After the vote in the Internal Market Committee, which approved FoP and UGC
exceptions, as well as a public domain protection, industry pressure is
increasing on all other committees. The most important vote will be on 10
October in the Legal Affairs Committee.
This and past reports: https://meta.wikimedia.org/wiki/EU_policy/Monitor
===
Copyright reform
---
The Internal Market Committee (IMCO) voted on its position on the EU
Copyright reform. As it is one of the two lead committees, its opinion is
especially important. It approved full Freedom of Panorama and a much
needed public domain safeguard, but failed to fix the text and data mining
exception and to delete the press publishers right. It somewhat
surprisingly approved a user-generated content exception. [1][2][3]
---
The Legal Affairs Committee (JURI), which is has the lead on copyright, has
postponed its vote to 10 October. This comes as the rapporteur Therese
Comodini (EPP MT) left the European Parliament for the one in Valletta and
the rapporteurship was taken over by Axel Voss. [4]
---
Is it really this bad?:Yes, Ms. Comodini had a very scientific approach to
copyright reform and was trying to balance user rights and economic
necessities. While Mr. Voss talks a good game [5], he has in past failed to
deliver, instead following the party line without much discussions with
other groups.
---
The EPP gameplan: One thing the EPP will be working on aggressively is
pushing through the press publishers’ right (thanks to its German
delegation). For this they will need the ALDE votes, and ALDE in the Legal
Affairs committee is staunchly against a full Freedom of Panorama. A murky
deal is not a far fetched scenario.
---
Our gameplan: We must get as many members of the Legal Affairs Committee
(JURI) to support FoP, even against the party line if necessary. The main
goals should be the S&Ds (especially Luxembourg, Germany and Italy) and the
Central and Eastern European EPPs (Hungary, Poland, Czech Republic,
Bulgaria). [6]
---
Our gameplan 2: Many individual Wikimedians are already trying to get in
touch with their respective MEPs from JURI. Another goal is to mobilise
organisations to support us. I am working with the European Games
Developers Federation and Yelp! on the Brussels level, while Wikimedia
Italia, for instance, is working on getting support back home. [7] Ideally
these organisations would write to the MEPs and publish a statement on the
topic.
---
Civil Liberties Committee (LIBE): This committee will focus solely on the
“upload filtering” provision where a compromise will be adopted that has
already been taken over by the Internal Market Committee and that protects
Wikipedia and similar projects. The vote will take place on 11 July.
---
Culture Committee (CULT): The rapporteur in CULT, French EPP member Marc
Joulaud originally proposed a full user-generated content exception and an
acceptable (for a French conservative) Freedom of Panorama compromise. Not
even a week after the IMCO vote so much pressure was exerted on him by the
EPP and the French copying/culture/creative industries that he withdrew
both. Now the committee vote, scheduled for 11 July, isn’t likely to have
progressive elements. Important for us is the amendment on the unwaiveable
performers’ right, to which we managed to include an exception for
non-exclusive public licenses (i.e.performers can waive it in the case of
free licenses).
===
Audo-Visual Media Services Directive: The EU is trying to consider which
rules that apply to TV and cable transmission should apply to video on
demand and video sharing platforms. The issue for us: If Wikimedia Commons
falls under the definition of the latter, which is still unclear, we might
have to deal with a lot of extra rules. In a very controversial vote, the
Culture Committee has decided to negotiate with the Council before the
European Parliament adopts its final position. [8] This means the so-called
trialogue [9]will be based on non-final texts, which has the effect that
following the progress and the wordings of the definition close to
impossible.
===
Don’t forget the Database Directive Consultation! [10] The European
Commission will decide in the following months which way to go. The two
opposing visions are a new exclusive economic right for data owners or
scrapping the sui generis database right. While it probably makes little
sense to have several Wikimedia organisations answer in parallel,
contributions from users and other civil society groups are more than
welcome!
===
[1]https://lists.wikimedia.org/pipermail/publicpolicy/2017-June/001643.html
[2]http://copybuzz.com/copyright/imco-vote-copyright-dsm-crying/
[3]
http://www.communia-association.org/2017/05/29/last-ep-committee-opinion-co…
[4]
http://www.eppgroup.eu/news/Axel-Voss-appointed-new-Rapporteur-for-Copyrigh…
[5]https://twitter.com/AxelVossMdEP/status/875290309269258240
[6]http://www.europarl.europa.eu/committees/en/juri/members.html#
[7]
http://www.wikimedia.it/associazione-italiana-biblioteche-wikimedia-italia-…
[8]https://edri.org/avmsd-the-legislation-without-friends-directive/
[9]https://en.wikipedia.org/wiki/Trialogue
[10]
https://meta.wikimedia.org/wiki/EU_policy/Database_Directive_Consultation