Justice Has a Price

In Icelandic copyright cases, winning still means losing – financially.

Can it be called justice if it costs more to claim your rights than you can ever recover for winning them? Legal aid (Icelandic: gjafsókn) is financial assistance provided by the state to individuals who lack the means to pursue a court case.

To quality, a case must have general or precedential significance, or the applicant’s financial situation must make it impossible for them to claim their legal rights without such support (Alþingi).

My lawyer submitted a legal aid application to the Ministry of Justice for a lawsuit seeking recognition of my copyright and compensation for breaches of contract and copyright.

The application included written statements of support from the Writers’ Union of Iceland (RSÍ), the Federation of Icelandic Artists (BÍL), the Icelandic Confederation of University Graduates (BHM), and the Playwrights and Screenwriters Guild (FLH)

BHM stated:

“There are very strong indications that Dóra’s moral and copyright have not been respected in this case, and there is written evidence supporting her claim. The importance of this case is undeniable.”

And also noted:

“Working conditions for screenwriters and entertainment professionals in Iceland are generally difficult, as it is a small and limited labor market. Authors are therefore especially vulnerable to the dominant position of production companies and broadcasters.”

BÍL´s statement read:

“The outcome of this case could have general significance, even set a precedent, regarding whether and how it is permissible to alter a creative work without the author’s consent or acknowledgment.”

FLH stated that:

“the verdict in this case could affect all screenwriters.”

RSÍ emphasized:

“It is an inviolable rule that both copyright and moral rights must be respected,” and further underscored that it is unacceptable for companies to exploit their position of power to appropriate the works of others.

Despite this strong professional backing, my legal aid request was rejected six months later on the grounds that the case “concerned my profession.”

In practice, this means that no working artist or self-employed creator in Iceland can receive legal aid in cases involving violations of their copyright or creative rights. As a result, individuals without the financial means to pursue the rights they are legally entitled to are left without any real recourse.

My home insurance does not cover cases related to my profession.

No one appears to be held accountable for clear copyright violations unless I file a private lawsuit, which would cost an additional three million ISK out of my own pocket, on top of the more than two million I have already paid in legal fees.

If I were to lose the case, I could also be ordered to cover the opposing party’s legal costs. Damages and compensation for copyright violations in Iceland have rarely exceeded a few million ISK. For example:

In 2021, the heirs of artist Jón Kristinsson were awarded 12 million ISK in damages – among the highest sums ever granted in an Icelandic copyright case. That amount was for the illegal use of 168 works, or approximately 70,000 ISK per work (LEX).

Precedents in copyright cases show that even a victory in court would amount to a financial loss. The message to independent artists without financial means is clear – they are defenseless against more powerful entities that can infringe upon their rights, even in projects largely funded by public money.

Structural violence describes how societal systems and institutions sustain injustice, inequality, or marginalization even when formal rights exist (Galtung).

When no one is held accountable or faces consequences for their actions, violence and injustice effectively receive a green light from society – and persist unchecked.

Quotations from the statements by BHM, BÍL, RSÍ, and FLH are taken from written endorsements that accompanied the legal aid application submitted to the Ministry of Justice . References:

Alþingi. e.d. Lög um meðferð einkamála nr. 91/1991. https://www.althingi.is/lagas/143b/2013023.html.

Galtung, J. 1969. „Violence, Peace, and Peace Research.“ Journal of Peace Research, 6(3), 167–191. https://doi.org/10.1177/002234336900600301.

LEX Law Firm. 2021. „Damages awarded for copyright infringements.“ https://www.lex.is/en/damages-awarded-for-copyright-infringements.