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 LuthProjektledare engagemang och påverkan | Project Manager, Involvement and AdvocacyWikimedia Sverige+46 (0) 765 55 50 95Stöd 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@wikimedia.de>:Greetings from the trainCongrats 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. 🌠John_______________________________________________Am Do., 1. Dez. 2022 um 11:06 Uhr schrieb Eric Luth <eric.luth@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 LuthProjektledare engagemang och påverkan | Project Manager, Involvement and AdvocacyWikimedia Sverige+46 (0) 765 55 50 95Stöd 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@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 BerlinLilli_______________________________________________Am Do., 1. Dez. 2022 um 10:38 Uhr schrieb Franziska Putz <fputz@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@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 LuthProjektledare engagemang och påverkan | Project Manager, Involvement and AdvocacyWikimedia Sverige+46 (0) 765 55 50 95Stöd fri kunskap, bli medlem i Wikimedia Sverige.
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