Kate topless photos: Swedish magazine opts to publish

Carina Lofqvist, editor, Se och Hoer: "We treat any celebrity the same"

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Swedish celebrity magazine Se och Hoer has published photographs of the Duchess of Cambridge sunbathing topless.

The three-page spread includes 11 pictures of Prince William's wife Catherine, including one which shows her removing her bikini bottoms.

Earlier, the Danish edition of the magazine said it plans to publish the photographs in its Thursday edition.

The pictures have so far been published in France, Italy, and Ireland.

Both magazines belong to the Denmark-based Aller Media company.

Editor-in-chief of the Swedish magazine, Carina Loefkvist said: "This is nothing unusual, these are quite nice pictures if you compare them with other celebrity pictures that we publish all the time."

She said the magazine bought the pictures last Friday "from photographers and photo agencies, the way we always do" and "before everything erupted".

Kim Henningsen, editor-in-chief of the Danish magazine, said the pictures will show Denmark "what these photos are all about".

The BBC's Malcolm Brabant, in the Danish capital, Copenhagen, said the edition is said to have been distributed to more than 6,000 kiosks and shops across Denmark.

St James's Palace said "proportionate responses were under review".

Who owns photo copyright?

The French court might have stopped Closer from publishing the topless pictures of the Duchess of Cambridge in France - but that didn't stop them surfacing again in Denmark.

That's because it's the photographer who owns copyright of their photos, unless they are employed by a company which has asked them to take the photo, or there's an agreement to assign the copyright to someone else.

So it's the copyright owner who grants permission for the photograph to be used.

Payment to use the photograph does not constitute transfer of ownership of the copyright, but merely permits an agreed use.

If the photographer hasn't granted an exclusive licence to a particular company or organisation, they are within their rights to license their work to others.

News of the magazines' decision emerged as Prince William and his wife set off home to the UK from a nine-day Diamond Jubilee tour of south-east Asia and the South Pacific.

'Particularly intrusive'

On Tuesday, a Paris court banned future publication of the photos in France, ordering French magazine Closer to hand over the originals.

The photographs were taken while the duchess was sunbathing on a private holiday with her husband at a French chateau, in Provence, earlier this month.

No British newspaper has printed the pictures.

A statement on the Danish publication's website on Wednesday said: "Se og Hoer has exclusively (in Denmark) obtained the pictures of the topless Duchess of Cambridge, Kate.

"Tomorrow we will publish a 16-page spread full of piquant photos of England's future queen."

Its editor-in-chief said it was in his magazine's DNA to "entertain and satisfy" its readers' curiosity about the lives of celebrities and royals.

Start Quote

These snapshots which showed the intimacy of a couple, partially naked on the terrace of a private home...are by nature particularly intrusive”

End Quote French court ruling

Meanwhile, St James's Palace said: "As we've said, we will not be commenting on potential legal action concerning the alleged intended publication of the photos save to say that all proportionate responses will be kept under review."

The sunbathing pictures ran in Closer on Friday before appearing elsewhere.

Its editor, Laurence Pieau, insisted the photos were not shocking, suggesting she has more unpublished intimate photos.

But, in its ruling on Tuesday, a French court said the pictures were a "brutal display" of the couple's private lives.

The court also ordered police to obtain information on Closer staff.

It added: "These snapshots which showed the intimacy of a couple, partially naked on the terrace of a private home, surrounded by a park several hundred metres from a public road, and being able to legitimately assume that they are protected from passers-by, are by nature particularly intrusive."

Police in France who are looking into the publication of the images are gathering information on the magazine and its employees as part of a criminal investigation into whether the pictures were an invasion of privacy.

Marie-Christine Daubigney, assistant prosecutor for the Nanterre court, outside Paris, said she had instructed police to gather the names of some Closer employees, including the journalist who wrote the article.

Raid denied

However, Ms Daubigney said she had not told police to find the photographer who took the pictures because that will be part of a later investigation.

She also denied media reports police raided Closer magazine headquarters.

Royal officials said the decision taken by the French court was welcomed by the duke and duchess, who had "always believed the law had been broken" and they were entitled to their privacy.

Following the ruling in the civil case, prosecutors are considering whether there are grounds for criminal charges.

Elsewhere, the editor of the Irish Daily Star, Michael O'Kane, has been suspended after publishing the topless photographs on Saturday.

The Italian gossip magazine Chi - which, like Closer, is part of former Italian Prime Minister Silvio Berlusconi's Mondadori media group - also printed a special edition featuring more than 20 pages of the photographs.

The photographer's view of the chateau

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