Evidently, it is not safe to post individual images on any platform that
could be seen as an economically valuable database. What it makes of
Facebook, is unclear, as the amount of pictures is still big but they're
diluted by other content, yet Flickr is definitely in danger. Still, this
seems to target the database owners, not the individual uploaders. BUS
probably hasn't realized yet there is Commons.
The part about the authors' right to exploit new technologies goes in
principle clearly against any kind of free culture. If, say, the rules
about music had been set on 1960s, on similar basis one could infer that
music in public domain on vinyls but not in digital form, because this is a
new technology and though Bach is not around to gather his fees, collective
society certainly is. Usually people think that if there is a new
technology, it is open by default, the usual freedoms are extended to it;
this decision says anything new is closed by default.
Raul
On Tue, Apr 5, 2016 at 4:00 AM, Ryan Kaldari <rkaldari(a)wikimedia.org> wrote:
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.
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