The Göta Court of Appeal (Sweden), has in a recent ruling (FT 311-13) concluded that a municipality shall pay compensation to an individual due to copyright infringement because the municipality, in a previous dispute between the parties, had printed two pictures from the person’s web page, taken by the same person, and used them as evidence against him in court.
The Court of Appeal concluded that the pictures were protected as photographic pictures according to the Swedish Copyright Act (1960:729). According to the Court of Appeal, the fact that the pictures were used as evidence in a dispute between the parties was not a sufficient reason to reproduce the person’s pictures. The Court of Appeal furthermore concluded that if such copyright protected works can be of significance as evidence in a case, a request for production of the documents can instead be made to the court. The judgment has been appealed against and the Supreme Court has yet to decide on whether to grant leave to appeal or not.