A full summary of this case has been published on Kluwer IP Law
The Supreme Court provided guidance on how to assess whether a work should be considered to be an adaptation, within the meaning of Section 4, paragraph 1 of the Swedish Copyright Act, or a new and independent work within the meaning of Section 4, paragraph 2 of the Swedish Copyright Act, especially in borderline cases.
After carrying out an overall assessment of a painting that was based on a photograph, the Court found that the photograph had been changed to such an extent that the painting had a different purpose from the photograph. Consequently it was a new and independent work for the purposes of the Swedish Copyright Act.
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