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IRIS 2015-5:1/2 Court of Justice of the European Union: Member States may provide for more protective provisions with regard to live streaming

In 2007, Swedish TV channel Canal+ (now C More) broadcast ice hockey games on pay per view, inter alia through live streaming on the Internet. The broadcasts were produced by the company C More Entertainment AB (C More) and the rights to the transmissions were owned by the same company. In October and November 2007, a person published links to the broadcasts of the games on his website, an unofficial fan site of his favourite Swedish ice hockey team. By following hyperlinks visitors were granted direct and free access to the games via their computers. C More filed charges and the perpetrator was...

IRIS 2015-2:1/31 [SE] Swedish Authorities Want to Stop Alcohol Advertising and Sponsorship in UK Broadcasts

The Swedish Radio and Television Act (Radio- och TV-lagen), which has transposed the Audiovisual Media Services Directive 2010/13/EU (AVMS Directive) into Swedish law, includes a ban on the advertising of alcohol and on sponsorship by alcohol companies of television and radio broadcasts. Nevertheless, there are some television channels (TV3, TV6, TV 8, Kanal 5 and Kanal 9) that - even though they are more or less exclusively directed towards Swedish viewers - broadcast under UK licences and are subject to UK jurisdiction. UK law permits the activities described above. The AVMS Directive is based...

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...