3 October 2016Jurisdiction reportsMaria Zamkova

The Wikimedia case: copyright of public art

BUS claimed the database infringed the copyright of three artists, arguing that Swedish copyright law does not permit displaying reproductions online without permission from the copyright holders, and argued that it was irrelevant that the site is a non-commercial website.

Wikimedia responded that Swedish copyright law allows someone who takes a picture of public art to post it freely online, and that this interpretation is consistent with European law. It also pointed out that when an artist places his or her work in public, he or she waives the right to admission fees, and that such artists are often sponsored by the state or local government, so it is fair and reasonable that the public should be free to enjoy and share pictures of the art for any purpose, as long as the artist is attributed.

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