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@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
+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@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@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 Luth
Projektledare engagemang och påverkan | Project Manager, Involvement and Advocacy
Wikimedia Sverige
+46 (0) 765 55 50 95

Stöd fri kunskap, bli medlem i Wikimedia Sverige.
Läs mer på blimedlem.wikimedia.se
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