Swedish Supreme Court uses three-step test to interpret restrictively freedom of panorama
The Swedish Supreme Court (photo courtesy of ... Wikipedia) Earlier this week the Högsta domstolen ( Swedish Supreme Court) issued a ruling that has apparently raised a good deal of attention and possibly more than an eyebrow [ here , here , here ] , in that this court appears to have adopted a restrictive interpretation Article 24(1) of the Swedish Copyright Act . What is this provision all about? Well, it concerns something that is being perceived as a fairly hot topic also at the EU level [ here for the EU Commission's Public Consultation launched last week] : the (in)famous freedom of panorama. As readers will remember, Article 5(3)(h) of the InfoSoc Directive allows Member States to adopt a national exception/limitation to the rights harmonised by that directive to permit the "use of works, such as works of architecture or sculpture, made to be located permanently in publ...