The Supreme Court

“ Such a use of art works have typically seen a not insignificant commercial value, either for the person keeping the database or for the person whom in connection with other services facilitates traffic to the database, for example, through linking. This value must reserved for the art works authors. Whether the person keeping the database by himself has a commercial purpose has no significance.
21. The question is then whether a transmission to the public, in the way it takes place from Wikimedia's database, unreasonably prejudices the authors legitimate interests. ”

“ Wikimedia Sweden is a non-profit association which among other things maintains a website and a database containing pictures of art works placed on public places outdoors. The database is freely available for the general public at no cost. It is also the general public which supplies the database with the pictures by uploading their photographs to it. The purpose is to maintain a public database of public art work in Sweden which can be used a among others the general public, the education system and the tourist industry. ”

“ Transmission to the public involves the work through wired or wireless channels being made available to the public from a place other than where the public can take partake in the work. This it also includes transmission which happens in such a way that private persons can get access to the work from a place and at a time that they choose themselves. ”