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About Media and Entertainment Law in Borgholm, Sweden

Borgholm is a coastal municipality on the island of Öland that hosts concerts, festivals, exhibitions, film and photography projects, and a significant summer season with tourism driven activities. Media and entertainment law here sits within the broader Swedish and European legal frameworks. It covers copyright and neighboring rights for music, film, TV, podcasts, photography, and visual arts, advertising and influencer disclosures, freedom of expression and defamation rules, data protection and privacy, live event permitting, licensing for music use, talent and crew contracts, and consumer law for ticketing and merchandise. Local regulations in Borgholm add practical requirements for public events, noise, alcohol service, outdoor trading, use of public spaces, and environmental protections unique to Öland.

Whether you are an artist, producer, venue, event organizer, influencer, advertiser, photographer, or brand, planning ahead and understanding the mix of national rules and local permits is essential for smooth projects and successful releases.

Why You May Need a Lawyer

Media and entertainment projects often involve multiple rights layers, tight timelines, and public exposure. A lawyer can help you identify risks early and negotiate workable solutions. Situations where legal help is commonly needed include clearance of music, script, image, and location rights for a production, drafting or reviewing contracts for artists, crew, venues, sponsorships, licensing, and distribution, structuring influencer campaigns with compliant ad disclosures and consumer law safeguards, obtaining the right licenses for playing or performing music in a venue or at an event, handling permits and compliance for concerts and festivals in Borgholm, including noise, security, alcohol service, and temporary structures, responding to alleged defamation, privacy complaints, takedown demands, or media law issues, protecting your brand with trademarks and addressing unauthorized use of names, logos, or event titles, managing data protection for mailing lists, ticket buyers, and fan communities under GDPR, resolving ticketing disputes, cancellations, and force majeure scenarios, and planning tax and business structures for creative professionals, including cross border tours or collaborations.

Early legal input limits last minute hurdles such as denied permits, blocked releases, or infringement claims, and it often reduces total cost by preventing disputes.

Local Laws Overview

Copyright and neighboring rights. Sweden protects literary and artistic works under the Act on Copyright in Literary and Artistic Works. Authors and creators hold economic rights and moral rights, including the right to be credited and to object to derogatory treatment. Performers and producers have neighboring rights. Public performance and communication to the public of music require licenses from collecting societies such as STIM and SAMI. Using recordings typically also requires permission from the record label or producer. Sampling and sync use in film or advertising require both composition and master clearances. Freedom of panorama allows photographing buildings in public places, but publishing images of public artworks can require permission from the rights holder.

Advertising and marketing. The Marketing Act requires marketing to be fair, identifiable, and not misleading. Influencer posts must clearly disclose advertising and commercial collaborations. Using someone’s name or picture in marketing typically requires consent under the Swedish law on names and pictures in advertising. Sector specific rules apply to alcohol, gambling, and to marketing directed at children.

Freedom of expression and defamation. Freedom of the Press and the Fundamental Law on Freedom of Expression provide strong protections, especially for editorial content. Defamation and insulting behavior are criminal offenses under the Penal Code. Publisher responsibility applies to certain media with a designated responsible editor. Online platforms and forum operators also have duties under Swedish rules on electronic bulletin boards and EU regulations on digital services.

Privacy and data protection. GDPR and Swedish supplementary rules apply to personal data in media projects, events, email lists, cookies, analytics, and fan communities. Filming and photography that identify individuals requires careful planning of legal basis, notices, and releases. Drone operations must respect privacy and safety rules in addition to aviation regulations.

Broadcasting and audiovisual. The Radio and TV Act governs broadcasting, on demand services, advertising time limits, sponsorship, and product placement. The Swedish Press and Broadcasting Authority supervises licensing and compliance for broadcast services and some on demand activities.

Events and venues in Borgholm. Public events often require police permits for public order and traffic, and municipal approvals for venue use and public spaces. The municipality regulates noise, times, and local conditions. Temporary stages and structures may require permits under the Planning and Building Act. Serving alcohol at events requires a municipal alcohol license with training and server responsibility. Food handling, fire safety, crowd safety, and accessibility standards all apply. The Environmental Code governs noise and disturbances, and local nature protections are significant on Öland. Large events on beaches, protected areas, or at historically sensitive sites like Borgholm Castle require landowner consent and sometimes approvals from state property managers and the county administrative board.

Consumer and ticketing law. For dated leisure services such as a concert on a specific date, the standard right of withdrawal for distance purchases does not apply. If an event is canceled, consumers generally have a right to a refund according to contract law and terms. Clear terms about postponement, force majeure, and rescheduling help prevent disputes.

Talent, labor, and minors. Engagements can be employment or contractor arrangements. Unions and industry bodies negotiate collective agreements in film, TV, theater, and music. Work with children in cultural or advertising projects has strict rules on hours, safety, and approvals. Plan early to align production schedules with the applicable child performance rules and school and guardian consents.

Trademarks and brands. Event names, artist names, and logos can be protected under trademark law. Clearance is important to avoid conflicts with earlier marks. Domain names under the .se registry follow Swedish dispute and registration rules.

Tax and business. Creative income can trigger different VAT rates, including reduced VAT for some cultural services. Music and licensing income may be treated differently from performance income. Non residents who perform in Sweden are subject to special tax rules. Businesses should consider F tax registration, invoicing practices, and withholding obligations.

Drones and locations. Drone flights are subject to EU and Swedish aviation rules, operator registration, and local restrictions. Filming at public roads may require coordination with the Swedish Transport Administration, and occupying public space often needs municipal permission. Filming on private property or managed historical sites requires landowner or site manager consent.

Frequently Asked Questions

Do I need a permit to host a concert or festival in Borgholm

Most public events require a police permit for public order and traffic, and municipal approvals for use of public spaces. You may also need approvals for temporary structures, noise conditions, and alcohol service. Start the permit process early because several departments may review your application, including environmental, building, and licensing units.

How do I legally use music at my venue or event

You need licenses for public performance from collecting societies such as STIM for compositions and SAMI for performers neighboring rights. If you play recorded music, the producer or label rights may also apply. Your lawyer or a licensing consultant can help assess what repertoire and uses you need covered and negotiate the right tariffs.

Can I post influencer content without ad labels if the collaboration is informal

No. If there is a commercial relationship or benefit, including gifts or affiliate arrangements, the content must be clearly identifiable as advertising. Disclosures should be clear and placed where consumers see them immediately, not hidden in hashtags or late in the text.

Do I need consent to use a person’s photo in marketing

Yes in most cases. Swedish law prohibits using someone’s name or picture in advertising without consent. Even outside advertising, GDPR and personality rights considerations apply if a person is identifiable. Obtain written releases that match the media, territory, and duration you need.

Can I film at Borgholm Castle or in protected nature areas

Filming on managed sites like Borgholm Castle requires permission from the site manager or landowner, and conditions may apply to access, fees, and brand use. Protected areas on Öland may have restrictions on noise, access, and installations. For larger crews or structures, you may need additional permits from the municipality and the county administrative board.

Are drone shots allowed over crowds and events

Drone operations are tightly regulated. Flights over people or crowds are restricted unless you meet specific category and safety requirements. You must follow EU and Swedish aviation rules, privacy rules, and any local restrictions. Coordinate with event security and authorities and include drone activity in your event permit plan.

What should be in an artist or crew contract

Key terms include scope of services, dates and deliverables, fees and expenses, per diems and travel, ownership and licensing of recordings or footage, credit and moral rights, cancellation and force majeure, insurance and indemnities, confidentiality, and dispute resolution. If union agreements apply, the contract should align with the relevant collective terms.

How are ticket refunds handled if an event is canceled

Consumers generally have the right to a refund of the face value and statutory fees if an event is canceled. Terms should clearly describe the process and timing for refunds and the policy for postponed events. Be transparent in communications and coordinate with ticketing providers to comply with consumer law.

Can I freely photograph public art and publish the images online

Swedish freedom of panorama allows photography of buildings in public places. For public artworks such as sculptures, publishing photographs online may infringe unless you have permission from the rights holder. Assess each artwork and obtain clearance if needed, especially for commercial uses.

What tax issues should touring artists consider

Artists and athletes performing in Sweden are subject to special non resident tax rules. VAT may apply to tickets, merchandise, and services, sometimes at reduced cultural rates. Consider F tax registration for Swedish engagements and ensure correct withholding by promoters. Plan cross border taxes and double taxation issues in advance with professional advice.

Additional Resources

Borgholms kommun. Culture and leisure department, environmental and building committees, licensing unit for alcohol and outdoor service, and permits for use of public spaces.

Polismyndigheten. Police Authority responsible for public event permits, security planning, and traffic considerations.

Myndigheten för press, radio och tv. Swedish Press and Broadcasting Authority for broadcasting licenses and compliance.

Skatteverket. Swedish Tax Agency for VAT, income tax, F tax registration, and special rules for non resident performers.

Integritetsskyddsmyndigheten. Swedish Authority for Privacy Protection for GDPR guidance and complaints.

PRV. Swedish Intellectual Property Office for trademarks and related filings.

STIM, SAMI, IFPI Sverige, Copyswede, Bildupphovsrätt i Sverige, ALIS. Collecting societies for music, recordings, performers, private copying, visual art, and literary rights.

Svenska Filminstitutet. Swedish Film Institute for production support and industry guidance.

Transportstyrelsen. Swedish Transport Agency for drone and aviation rules.

Länsstyrelsen Kalmar län. County Administrative Board for nature protections, certain permits, and coordination on protected areas.

Statens fastighetsverk. National Property Board for permissions at state managed historical sites such as Borgholm Castle.

Next Steps

Map your project. Write a short brief describing what you plan to do, who is involved, where and when it happens, what materials you will use, and where content will be distributed. This helps identify the rights and permits required.

List the likely rights. For music list compositions and recordings. For film list script, cast, crew, locations, artwork, and archival materials. For marketing list names, pictures, and brands. Note any minors involved.

Check local requirements early. Contact Borgholms kommun about public space use, noise conditions, temporary structures, and alcohol service. Coordinate with the Police Authority for public event permits and security planning. Ask site managers for location permissions.

Plan compliance. Arrange music licenses with STIM and SAMI, prepare privacy notices and consent forms, set up ad disclosures for influencer content, and align ticketing terms with consumer law. Document safety and crowd management for events.

Engage a lawyer. Choose counsel with Swedish media and entertainment experience and familiarity with local practice in Kalmar County. Share your brief, draft contracts, and timelines. Ask for a rights and permits checklist and a production calendar.

Prepare documentation. Collect identification, company registration, insurance certificates, prior permits, floor plans, risk assessments, and any union or collective agreement references. Keep a clear chain of title for all content.

Review and finalize. Have your lawyer review final contracts, licenses, and permit conditions before launch. Set a plan for handling complaints, takedown requests, cancellations, and refunds.

This guide provides general information, not legal advice. Media and entertainment matters are fact sensitive. Consult a qualified Swedish lawyer for advice tailored to your project in Borgholm.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.