Hi everyone,

As far as Brussels in concerned this can be packaged in a way that provides extra traction to our FoP reform initiative. We now have a very concrete and recent example to answer the question "But did you ever really have any problems with that?".

As far as Sweden is concerned, between Anna, John and Karl the chapter is such a high concentration of public policy expertise that I am sure they will manage to spin it as they please. We will all help them with anything they ask for.

Meanwhile, it would be important to make sure as many individuals and professional organisations (photographers, painters, architects) participate in the consultation by the EU. We're currently working on our draft answers. There will one set that is provided to the general public as an answering guide and then again our own set of answers. You can participate here:
https://meta.wikimedia.org/wiki/EU_policy/FoP_Consultation#Draft_Answers

Cheers,
Dimi

2016-04-05 3:00 GMT+02:00 Ryan Kaldari <rkaldari@wikimedia.org>:
On Mon, Apr 4, 2016 at 6:34 PM, Johan Jönsson <brevlistor@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-konsekvenserna-av-hd.htm

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.

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