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IRIS 2008-5:1/28 [SE] Court of Appeals Judges on Good Practice for the Acknowledging of Authors

On 25 February 2008, Svea hovrätt (the Svea Court of Appeals) delivered a judgment in a case regarding the demands of good practice in relation to the naming of authors on DVDs and VHSs. The case concerned the application of section 3 of Upphovsrättslagen (the Swedish Copyright Act), as well as contract law relating to copyright. The issue at hand was initially based on an employment relationship. The plaintiff had been employed by the defendant as Vice CEO, Creative Producer and Head of the animations operations. During the course of his employment, the plaintiff created the animated series “Da...

IRIS 2008-3:1/27 [SE] Improper Favouring of a Commercial Interest in Sponsoring Message

On 3 December 2007 Kammarrätten i Stockholm (The Stockholm Administrative Court of Appeals) judged in a case regarding improper favouring of a commercial interest in a sponsoring message. The case concerned the application of provisions in the Radio- och TV-lagen (The Radio and TV Act – RTL). The RTL transposes into Swedish law the “Television without Frontiers” Directive 89/552/EEC, amended by Directive 97/36/EC. The programmes in question were two episodes of a Swedish TV-series broadcast by the Swedish nationwide television channel TV 4 on 2 October 2007 and 9 October 2007 respectively. During...

IRIS 2008-2:1/30 [SE] Administrative Court of Appeals Rules on Obligation to Pay Fee for Unlawful Broadcast of Advertising

On 13 December 2007, Kammarrätten i Stockholm (The Stockholm Administrative Court of Appeals) delivered judgment in a case regarding unlawful broadcasting of advertising. The case concerned the application of provisions in Radio- och TV-lagen (The Radio and TV Act - RTL). The Radio and TV Act is based on Directive 89/552/EEC as amended by Directive 97/36/EC. On 31 August 2004, the Swedish nationwide television channel TV 4 broadcast “ Den starkare ” (our translation for the purposes of this article: “The stronger one”) which is a play written by the famous Swedish author August Strindberg. The...

IRIS 2008-1:1/29 [SE] Supreme Court Rules on Freedom of Speech vs. Incitement to Hatred in Online Forums

On 7 November 2007, Högsta Domstolen (the Swedish Supreme Court) delivered judgment in two cases in which persons were charged with incitement to hatred in relation to activities carried out online. We will elaborate on one of the cases and merely briefly touch upon the other. The first case concerned a man who administered a Bulletin Board System on a Christian website. Alongside Brottsbalken (the Swedish Penal Code – BrB), Lagen om ansvar för elektroniska anslagstavlor (the Swedish Act on Responsibility for Electronic Bulletin Boards – BBS Act) was also relevant in this case. According to the...

IRIS 2007-10:1/32 European Commission: Swedish Publicity Principle Not in Accordance with EU Requirements

According to press reports, the European Commission called upon the Swedish government on 10 October 2007 to restrict their authorities' freedom to provide information. National rules on how to deal with information classified as confidential must be brought into line with EU requirements. The criticism originated from an incident in 2005. The environmental organisation Greenpeace was refused access to information on genetically modified corn fodder imported by a US firm by the Dutch Agricultural Ministry. However, Sweden also had access to the same report, classified as secret, and released the...