Museum commits copyright infringement – how much compensation must be paid?

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The question of how to calculate reasonable compensation for copyright infringement has been a subject of much discussion in Sweden
in recent years. In Swedish copyright jurisprudence, this calculation is commonly conducted on the basis of a fictitious hypothetical
licensing fee between the parties, in which evidence of licensing standards on the relevant market is of crucial importance. However, in
NJA 2019 s 3, the Swedish Supreme Court found the outer limits of this method and established that a court cannot base its calculation
on a hypothetical licensing fee in situations where the infringing use would never have been licensed under any circumstance in reality.
The Patent and Market Court of Appeal recently revisited the issue in an interesting case that divided the panel of judges.(1)…