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IRIS 2014-4:1/3 Court of Justice of the European Union: Case Nils Svensson and Others v Retriever Sverige AB

On 13 February 2014, the Court of Justice of the European Union (CJEU) delivered a preliminary ruling after a request from the the Svea hovrätt (Svea Court of Appeal) in Sweden. The national proceedings relate to a case between three journalists (the “applicants”) and Retriever Sverige AB (Retriever Sverige), a Swedish company operating a website that provides its clients with lists of clickable Internet links to articles published by other websites. The applicants had written articles that were published in a Swedish newspaper as well as on that newspaper’s website (where the articles were freely...

IRIS 2014-2:1/33 [SE] The Swedish Broadcasting Commission Proposes List Of Major Events

According to Section 5:9 of the Swedish Radio and Television Act (RTL), which implements Directive 2010/13/EU on Audiovisual Media Services, the Swedish Government may adopt draft regulations on events that are considered as being of major importance for Swedish society (list of major events). Such events must be broadcast on free television to which a substantial proportion of the public has access As far as the notion ‘substantial part of the public’ is concerned, the Swedish Broadcasting Commission (SBC) considers this criterion to be fulfilled if a television programme service can be received...

IRIS 2013-7:1/25 [SE] Amendments to the Swedish Copyright Act

On 17 June 2013, the Swedish Parliament adopted amendments to the lag (1960:729) om upphovsrätt till litterära och konstnärliga verk (Act on Copyright in Literary and Artistic Works - CA). The amendments enter into force on 1 November 2013 and will improve the existing possibilities to exploit works after an agreement has been entered into with organizations that represent a large number of creators in the area - so called extended collective licensing. The amendments include, among other things, a new general collective licensing option that will give actors an extended possibility of using collective...

IRIS 2013-5:1/2 European Court of Human Rights: Fredrik Neij and Peter Sunde Kolmisoppi (The Pirate Bay) v. Sweden

Only a few weeks after the Strasbourg Court’s judgment in the case of Ashby Donald and others v. France (ECtHR 10 January 2013, see IRIS 2013-3/1), the Court has decided a new case of conflicting rights, opposing copyright as intellectual property right under Article 1 of the First Protocol and freedom of expression guaranteed by Article 10 of the Convention. The case concerned the complaint by two of the co-founders of The Pirate Bay, that their conviction for complicity to commit crimes in violation of copyright law had breached their freedom of expression and information. During 2005 and 2006,...

IRIS 2013-1:1/35 [SE] Radio and Televisions Act Applies to Newspapers’ Web TV Services

On 29 October 2012, Granskningsnämnden för radio och TV (the Swedish Broadcasting Commission - SBC) delivered four decisions regarding the application of Radio- och TV-lagen (The Radio- and Televisions Act - RTL) in relation to Web TV sections on newspapers’ websites. The cases concerned more or less similar circumstances for the websites of the newspapers Aftonbladet, Dagens Nyheter, Helsinborgs Dagblad and Norran. Firstly the SBC had to decide whether the RTL applied to a Web TV service as such. According to the travaux préparatoires of the RTL, which refer to the Audiovisual Media Services Directive...