Judgement concerning the rights to Entombed’s catalogue

Three persons who feature on some of Entombed's albums has sued a company which has published some of those albums. They have claimed that the company has infringed their rights to their performances on those albums by exploiting them without their consent. They have sought an injunction against further infringements as well as monetary compensation. In the alternative, the plaintiffs have claimed to have a contractual right to monetary compensation from the company.

The company has admitted that it has released three of the albums on CDs and vinyl records. The Patent and Market Court has found that the company by doing this has infringed the rights of the singer on those albums and has ordered the company to refrain from this in the future.

The court has also found that the company has infringed all three plaintiffs' rights, or assisted such infringements, by enabling that the albums they feature on have been available for streaming on Spotify and other platforms. The court has however found that no injunction could be issued against these actions, since they have not been specified well enough by the plaintiffs.

Even though the court has found that the company has infringed the plaintiffs' rights, no monetary compensation has been awarded. The reason for this is that the circumstances presented by the plaintiffs have been insufficient to allow for the calculation of any compensation whatsoever. The plaintiffs has also not proven their claim of a contractual right to compensation

Copies of the decision can be ordered by e-mail to stockholms.tingsratt.patentmarknad@dom.se

Peter Olivecrona
Junior Judge
+46 8 561 654 86
peter.olivecrona@dom.se

Case No PMT 7623-17