Forwarding to list with permission of author.
----- Forwarded message from "Alexander Nordström, Svenska Linuxföreningen" <lx@se.linux.org> -----
From: "Alexander Nordström, Svenska Linuxföreningen" <lx@se.linux.org>
To: branden@debian.org
Subject: Re: right of publicity, or why no-advertising clauses are not necessary
Date: Wed, 19 May 2004 17:05:07 +0800
Message-Id: <200405191705.08096.lx@se.linux.org>
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Hello Branden,
I'm replying off-list as I expect you may wish to collate this type of
information in summary form in the interest of keeping the list from
cluttering, and because I am not subscribed to the list. (I got word of your
investigation into the matter through the debian-news list.) I hope that's
okay.
To answer part A of your request, then, in this case specifically regarding
Swedish legislation, the short answer is yes, the clause in question is
redundant.
Translated and summarized from Lag (1978:800) om namn och bild i reklam (Law
regarding name and picture in advertising)[1]:
[1] http://rixlex.riksdagen.se/htbin/thw/1993/94:K209?
${BASE}=SFST&${THWIDS}=5.28]1084961848227826&${HTML}=SFST_DOK
A person's name, picture, or other identifying information must not be used
without consent by a tradesman or their representative for purposes of
advertising a good or service. Violations are punishable by fine and give
right to claim. Damages need not be financial. Other remedies including
publication of the court order and destruction of advertising material may
apply. Negligence and acting as an accessory carry similar consequences.
Criminal prosecution must be preceded by a complaint from a member of the
public.
The Swedish legal system is based on the Scandinavic system, which is not
related to English Common Law or Civil (Napoleonic) Law; the other Nordic
countries (Norway, Denmark, Finland, Iceland, and the Faroe Islands) are
likely to have similar laws. This law is applicable in all of Sweden; local
governments do not have shared jurisdiction on the matter.
Disclaimer: This is all to the best of my understanding and knowledge. I am
not a lawyer.
Hope that helps and good luck with your work on the issue.
--
Alex Nordstrom
----- End forwarded message -----
--
G. Branden Robinson | When dogma enters the brain, all
Debian GNU/Linux | intellectual activity ceases.
branden@debian.org | -- Robert Anton Wilson
http://people.debian.org/~branden/ |
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