On Mon, Apr 4, 2016 at 6:34 PM, Johan Jönsson <brevlistor(a)gmail.com> wrote:
The decision came today, so the legal analysis that
exists isn't very
thorough, but here's a comment from a Swedish copyright lawyer –
former lawyer for the Association of Swedish Photographers – whose
interpretation is that it's mainly about databases rather than
individual images:
http://www.fotosidan.se/cldoc/lag-och-ratt/fotosidans-jurist-om-konsekvense…
According to that article, it sounds like it mostly depends on how popular
your website is, and unfortunately the court didn't offer any suggestions
for what constitutes sufficient "economic significance", other than the
bizarre claim that postcards don't meet that threshold (although I'm sure
that far more money has been made off of Swedish FoP postcards than images
from Offentligkonst.se). In the absence of any guidelines, will people want
to take the risk of even posting individual images? I'm sure BUS will start
threatening to sue anyone who doesn't pay licensing fees regardless, as the
lack of clarity certainly plays to their advantage.