About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships AI Tools & Services The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Webcast WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO Translate Speech-to-Text Classification Assistant Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

Act (1960:729) on Copyright in Literary and Artistic Works (as amended up to Act (2018:1099)), Sweden

Back
Superseded Text  Go to latest Version in WIPO Lex
Details Details Year of Version 2018 Dates Entry into force: July 1, 1961 Adopted: December 30, 1960 Type of Text Main IP Laws Subject Matter Copyright and Related Rights (Neighboring Rights), Enforcement of IP and Related Laws, IP Regulatory Body

Available Materials

Main Text(s) Related Text(s)
Main text(s) Main text(s) Swedish Lag (1960:729) om upphovsrätt till litterära och konstnärliga verk (i ändrad lydelse upp till Lag (2018:1099))         English Act (1960:729) on Copyright in Literary and Artistic Works (as amended up to Act (2018:1099))        

 

 

 

The Ministry of Justice                                       November 2018

Stockholm

 

 

 

ACT ON COPYRIGHT IN LITERARY AND ARTISTIC WORKS

(Swedish Statute Book, SFS, 1960:729, as last amended by SFS 2018:1099).

 

Unofficial translation

 

CHAPTER 1. Subject Matter and Scope of Copyright

 

Article 1. Anyone who has created a literary or artistic work shall have copyright in that work, regardless of whether it is

1. a fictional or descriptive representation in writing or speech,

2. a computer program,

3. a musical work or a work of scenography,

4. a cinematographic work,

5. a photographic work or another work of fine art,

6. a work of architecture or applied art,

7. a work expressed in some other manner.

 

Maps and other works of a descriptive nature executed as drawings, engravings, or in a three-dimensional form, shall be considered as literary works.

 

What is prescribed in this Act concerning computer programs shall mutatis mutandis apply also to preparatory design material for computer programs. (Act

1994:190)

 

Article 2. Subject to the limitations prescribed hereinafter, copyright shall include the exclusive right to exploit the work by preparing copies of it and by making it available to the public, be it in the original or an altered manner, in translation or adaptation, in another literary or artistic form, or in another technical way.

 

As the preparation of copies shall be considered any direct or indirect, and temporary or permanent, preparation of copies of the work, regardless of in which form or through which method this is carried out and regardless of whether it relates to the work in whole or in part.

 

The work is made available to the public in the following cases:

 

1. When the work is being communicated to the public. This includes any making available of the work to the public by wire or wireless means which occurs from a place other than that where the public is able to enjoy the work. Communication to the public also includes acts of communication that occur in such a way that members of the public are able to access the work from a place and at a point in time individually chosen by them.

 

2. When the work is publicly performed. Such public performance includes only such cases where the work is made available to the public, with or without the use of a technical device, at the same place as the one where the public is able to



 

 

enjoy the work.

 

3. When copies of the work are publicly exhibited. Public exhibition includes only such cases where a copy of a work is made available to the public, without the use of a technical device, at the same place as the one where the public is able to  enjoy the copy. If a technical device is used, the act is, instead, a public performance.

 

4. When copies of the work are placed on sale, leased, lent, or otherwise distributed to the public.

 

As acts of communication to the public and of public performance shall be deemed also acts of communication and performance that, in the framework of commercial activities, are arranged to, or before, a comparatively large closed group of persons. (Act 2005:359).

 

Article 3. When copies of a work are prepared, or when the work is made available to the public, the name of the author shall be stated to the extent and in the manner required by proper usage.

 

A work may not be altered in a manner which is prejudicial to the author's literary or artistic reputation or to his individuality, nor may it be made available to the public in a form or in a context which is prejudicial to the author in the manner stated.

 

The author may, with binding effect, waive his right under this Article only in respect of uses which are limited in character and scope.

 

Article 4. A person who has made a translation or an adaptation of a work or converted it into another literary or artistic form, shall enjoy copyright in the work in the new form, but he must not exploit it in violation of the copyright in the

original work.

 

If a person, in free association with another work, has created a new and independent work, his copyright shall not be depending on the right in the original work.

 

Article 5. A person, who, by combining works or parts of works, creates a composite literary or artistic work shall enjoy copyright therein, but his right shall be without prejudice to the rights in the individual works.

 

Article 6. If a work has two or more authors, whose contributions do not constitute independent works, the copyright shall belong to the authors jointly. Each one of them is, however, entitled to bring an action for infringement of the right.

 

Article 7. The person whose name or generally known pseudonym or signature appears in the usual manner on copies of the work or when it is made available to the public, shall, in the absence of proof to the contrary, be deemed to be its author.

 

If a work is published without the name of the author being stated in the manner prescribed in the first Paragraph, the editor, if he is mentioned, or otherwise the publisher, shall represent the author until his name is stated in a new edition or in a notification to the Ministry of Justice.

 

 

Article 8. A work is deemed to have been made public when it has lawfully been made available to the public.

 

A work is deemed to have been published when copies thereof have, with the consent of the author, been placed on sale or otherwise been distributed to the public. (Act 1973:363)

 

Article 9. Copyright does not subsist in

1.      laws and other regulations,

2.      decisions by public authorities,

3.      reports by Swedish public authorities,

4.      official translations of texts mentioned under 1.3.

 

Copyright subsists, however, in works of the following kinds when they form part of a document mentioned in the first Paragraph:

1.      maps,

2.      works of visual arts,

3.      musical works, or

4.      works of poetry.

 

Copyright subsists also in any work included in an attachment to a decision by a Public Authority, if the decision relates to the right to access to a public document where the work is included. (Act 2000:92).

Article 10. Copyright subsists in a work even if it has been registered as a design. Copyright does not subsist in layout designs in semiconductor products. Special

provisions apply to the rights in such designs. (Act 1994:190).

 

CHAPTER 2. Limitations on Copyright

 

General Provisions on Limitations

 

Article 11. The provisions of this Chapter do not limit the author's right under

Article 3, except as provided in Article 26 c.

 

When a work is used publicly pursuant to the provisions in this Chapter, the source shall be stated to the extent and in the manner required by proper usage, and the work may not be altered more than necessary for the use. (Act

1993:1007).

 

On the Preparation of Temporary Copies

 

Article 11 a. Temporary forms of copies of works may be prepared, if the preparation of the copies constitutes  an integral and essential part of a technological process and if the copies are transient or have only a secondary importance in that process. The copies must not have any independent economic importance.

 

The preparation of copies under the first Paragraph is permissible only if the sole purpose of that preparation is to enable

1.      a transmission in a network between third parties by an intermediary, or



 

 

2.      a lawful use, that is, a use that occurs with the consent of the author or his successor in title or another use which is not prohibited under this Act.

 

The provisions in the first and second Paragraphs do not confer a right to prepare  copies of literary works in the form of computer programs or compilations. (Act 2005:359).

 

Article 11 b. Repealed by Act (1993:1007).

 

 

On the Preparation of Copies for Private Purposes

 

Article 12. Anybody is entitled to prepare, for private purposes, one or a few copies of works that have been made public. In respect of literary works in written form the preparation of copies may, however, concern only limited parts of works, or such works of limited scope. The copies must not be used for purposes other than private use.

 

The provisions in the first Paragraph do not confer a right to

1.      construct works of architecture

2.      prepare copies of computer programs, or

3.      prepare copies in digital form of compilations in digital form.

 

Furthermore, the provisions in the first Paragraph do not confer a right to engage, for private purposes, another party to

1.      prepare copies of musical works or cinematographic works

2.      prepare utilitarian articles or sculptures, or

3.      copy other works of fine art by means of an artistic process.

 

This Article does not confer a right to prepare copies of a work when the copy constituting the real master copy has been prepared or has been made available to the public in violation of Article 2. (Act 2005:359).

 

Article 13. (Constitutes, in an amended form, Article 42 c.) On the Preparation of Copies for Educational Purposes

Article 14. Teachers and pupils may for educational purposes prepare recordings of their own performances of works. Such recordings must not be used for other purposes. (Act 1993:1007).

 

Article 15. Heading and Article repealed by Act (2005:359).

 

Article 15 a. Repealed by Act (1993:1007).

 

On the Preparation and Distribution of Copies within Certain Archives and Libraries

 

Article 16. The governmental and municipal archival authorities, the scientific and research libraries operated by the community at large, and the public libraries are entitled to prepare copies of works, other than computer programs,

1.      for purposes of preservation, completion or research,

2.      for satisfying the desires of library borrowers for single articles or short extracts, or for material which, for security reasons, should not be given away in original form, or

3.      for use in reading devices.

 

Copies prepared on paper pursuant to the first Paragraph, item 2, may be distributed to library borrowers.

 

Other archives are entitled to prepare copies of works, with the exception of computer programs, for purposes of preservation. The same applies to other libraries that are accessible to the public. (Act 2017:323).

 

On the Use of Orphan Works.

 

Article 16 a. Publicly accessible libraries, educational establishments and museums as well as archives and film or audio heritage institutions are entitled to prepare copies of literary works in writings and cinematographic works, and make such works available to the public in such a way that members of the public may access the work from a place and at a time individually chosen by them, if

1.      the work is considered, or has been considered, to be an orphan work pursuant to Article 16 b, and the right-holder has not identified himself to the user,

2.      the work forms part of the user´s own collections,

3.      the work has a relation to a country member of the European Economic Area (an EEA country) because

a.      if the work has been published, the first publication has taken place in such a country, or

b.      if the work has not been published but has been broadcast in sound radio or television, the first broadcast has taken place in such a country, or

c.       if the work has neither been published nor broadcast, it has, with the consent of the right-holder, been made available to the public in such a country by a user referred to in this Article and it is reasonable to assume that the right-holder would not oppose the use,

4.      the user is established in an EEA country,

5.      the activities of the user are not for profit-making purposes and, in respect of the film or audio heritage institutions, the institution has been entrusted by the community at large to manage the film or audio heritage,

6.      the exploitation takes place in order to achieve aims related to the public interest mission of the user and, as regards acts of reproduction, for the purposes of digitization, indexing, cataloguing, preservation, restoration or making available to the public of the work,

7.      the revenues from such uses are intended exclusively to cover the costs for digitization and making available to the public of orphan works, and

8.      right holders who are known are indicated.

 

A public service sound radio or television organization is entitled to use cinematographic works which have been produced by, or for, such an organization before January 1, 2003, in the ways and under the conditions indicated in the first Paragraph, items 1 to 4 and 6 to 8.

 

A user referred to in the first Paragraph is, in the ways and under the conditions referred to there, entitled to exploit works forming part of a literary work in a writing, a cinematographic work or a sound recording having such relation to an EEA country referred to in the first Paragraph, item 3. A public service sound radio or television organization is, in the same way and under the same conditions as referred to in the first Paragraph, items 1 to 4 and 6 to 8, entitled to make use of works forming part of such a cinematographic work or such a sound recording, if the cinematographic work or the sound recording has been produced by, or for, such an organization before January 1, 2003. (Act 2014:884).

 

Article 16 b. A work shall be considered to be an orphan work if all the right-holders are unknown, or it has not been possible to find them after a user referred to in Article 16 a has performed a diligent search pursuant to Article 16 c and recorded it. If there are several right-holders in a work and only one or some of them are unknown or have not been possible to find, the provisions in this Act shall apply to the right in the work belonging to this or those right-holders.

 

If the right-holder identifies himself to a user who has used the work pursuant to Article 16 a, the work shall no longer be considered to be an orphan work. The right-holder has a right to a fair compensation from the party that has used the work. (Act 2014:884).

 

Article 16 c. A diligent search shall be carried out in good faith in respect of each individual work.

 

The diligent search shall be carried out in the country where the work was first published or, in the absence of publication, where it was first broadcast in sound radio or television.  If a work has neither been published nor broadcast but has, with the consent of the right-holder, been made available to the public by a user referred to in Article 16 a, the search shall be carried out in the country where the user is established.

 

In respect of cinematographic works whose producer has his headquarters or habitual residence in an EEA country, the diligent search shall instead be carried out in that country.

 

In respect of works referred to in Article 16 a, third Paragraph, the diligent search shall be carried out where it should have been carried out in respect of the sound recording or the work of which it forms part.

 

In respect of diligent search in Sweden the sources shall be used that are suitable for the type of works that the diligent search concerns. Such sources that are included in the Annex to the Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works shall always be used for the diligent search. In respect of diligent search in another country the provisions in that country on suitable sources shall apply.

 

If there is evidence to suggest that relevant information on right-holders is to be found in countries other than what follows from the second to fourth Paragraphs, also sources of information in that other country shall be consulted. (Act 2014:884).

 

Article 16 d.  The Government may issue stipulations on obligation for the users referred to in Article 16 a to provide, to the Government or to the Authority appointed by the Government, such information that shall, pursuant to the Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works, be recorded by the European Union Intellectual Property Office. (Act 2016:371)

 

On the Preparation of Copies, etc. for Persons with a Disability

 

Article 17. Anyone who has a visual or reading disability and who is therefore unable to enjoy a work which has been made public in the form of a book or other writing, notation or related illustration to substantially the same degree as a person without such an impairment, is entitled to prepare copies of the work in a format which is accessible to him or her. The same applies to any person acting on behalf of that person.

 

The first Paragraph gives only a right to prepare copies of a work to which the person with a visual or reading disability has lawful access and for his or her exclusive use.

 

A person with a visual or reading disability means

1.      a person who is blind,

2.      a person who has a visual impairment which cannot be improved so as to give the person a visual function substantially equivalent to that of a person having no such impairment,

3.      a person who has a perceptual or reading disability, or

4.      a person who, due to a physical disability, is unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally required for reading. (Act 2018:1099).

 

Article 17 a. An authorized entity is, subject to the conditions corresponding to those indicated in Article 17, entitled to prepare copies referred to in that Article. It is furthermore entitled to communicate and distribute such copies to persons with visual or reading disability referred to in that Article and who have their domicile in Sweden or another State party to the European Economic Area (EEA), to other authorized entities in Sweden and to entities in another State party to the EEA which is in that State an authorized entity.

 

The first Paragraph gives only a right to prepare copies of works to which the authorized entity has lawful access. The preparation, communication and distribution may be carried out only to a person with visual or reading disability for his or her personal use and must not be carried out for commercial purposes.

 

An “authorized entity” in Sweden means

1.      a public authority having as its task to provide education, adaptive reading or access to information for persons with a visual or reading disability,

2.      an organization providing, without profit-making purposes, the same services as those referred to in 1 if the organization provides the services pursuant to law or other statutes or receives support from public funds for providing such services, or

3.      a non-profit organization providing the same services as those referred to in 1 as one of its main tasks or as a part of its public interest mission. (Act 2018:1099)

 

Article 17 b. Contractual provisions limiting the right to use works pursuant to Articles 17 or 17 a are null and void. (Act 2018:1099).

 

Article 17 c. When an authorized entity established in Sweden communicates or distributes copies of works pursuant to Article 17 a to persons with visual or reading disability in such a way that those persons may keep a copy of the work, the author is entitled to a remuneration. (Act 2018:1099)

 

Article 17 d. The authorities and organizations referred to in Article 17 a, third Paragraph, items 1 and 2, shall be deemed to be authorized to provide education, adaptive reading or access to information for persons with a visual or reading disability for the purpose of the Regulation (EU) 2017/1563 of the European Parliament and of the Council of 13 September 2017 on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled, in its original wording. (Act 2018:1099).

 

Article 17 e.  Anyone is entitled to prepare, in cases other than those referred to in Articles 17 and 17 a, and by means other than the recording of sounds, copies of literary and musical works which have been made public and of works of visual art which have been made public and which persons with a disability need to be able to enjoy the works. The copies may also be distributed to those persons.

 

Libraries and  organizations working for participation by persons with a disability are also, in cases other than those referred to in Articles 17 and 17 a, entitled to

 

1.      communicate copies of the works referred to in the first Paragraph to persons with a disability who need the copies to be able to enjoy the work,

2.      by means of sound recording prepare copies of literary works which have been made public and which persons with a disability need to be able to enjoy the works, and to distribute and communicate such sound recordings to those persons, and

3.      prepare copies of works transmitted on sound radio or television, and of cinematographic works, that deaf or hearing-impaired persons need to be able to enjoy the works, and to distribute and communicate copies of the works to those persons.

 

The preparation of copies, the distribution of copies   and the communication to the public of copies pursuant to this Article must not be carried out for commercial purposes, nor must the copies be used for purposes other than those mentioned in the Article.

 

When libraries and organizations, pursuant to this Article, distribute or communicate copies of works to persons with a disability in such a way that those persons may keep a copy of the work, the author has a right to remuneration. The same applies if anyone, pursuant to the first Paragraph, second sentence, transfers more than a few copies to persons with a disability. (Act 2018:1099).

 

Article 17 f. The Government may issue provisions concerning information to be provided and concerning requirements on documentation when authorized entities as well as libraries and organizations working for participation of persons with disabilities prepare, communicate or distribute copies pursuant to Article 17 a or 17 e and concerning the information to be attached to such copies.

 

The Government may also issue provisions about routines to be followed by an authorized established in Sweden and about information to be provided when it prepares, communicates or distributes copies pursuant to Article 17 a to persons with visual or other reading disability in another State within the EEA or to entities within the EES which are authorized entities in that State. (Act 2018:1099).

 

On the Preparation of Composite Works for Use in Educational Activities

 

Article 18. Anyone who, for use in educational activities, prepares a composite work compiled from works by a comparatively large number of authors may reproduce minor portions of literary or musical works and such works of a limited scope, provided that five years have elapsed from the year in which the works were published. Works of fine art may be reproduced in connection with the text, provided that five years have elapsed from the year when they were made public. The authors have a right to remuneration.

 

The provisions of the first Paragraph do not apply to works which have been created for use in educational activities and do not confer a right to prepare composite works for commercial purposes. (Act 2005:359).

 

On the Distribution of Copies

 

 

Article 19. When a copy of a work has been has been transferred, with the consent of its author, within the European Economic Area, that copy may be further distributed.

 

The provisions of the first Paragraph do not confer a right to make available to the public

1.      copies of works, other than buildings and works of applied art, through rental or similar legal acts, or

2.      copies of computer programs in machine-readable form or of cinematographic works, through lending. (Act 2005:359).

 

On the Display of Copies

 

Article 20. When a work has been published, the copies thus published may be publicly displayed. The same applies in respect of copies of works of fine art which the author has transferred. (Act 2005:359).

 

On Works of Fine Art Included in a Film, a Television Program or a Picture

 

Article 20 a. Anyone is, through a film or a television program, entitled to prepare and distribute copies of works of fine art, publicly perform works of fine art and communicate works of fine art to the public, if the exploitation is of minor importance in relation to the content of the film or the television program. Corresponding acts of exploitation may also be carried out in respect of works of fine art that appear in the background, or otherwise constitute an insignificant part, of a picture.

 

Acts of exploitation as referred to in the first Paragraph may, however, take place only if the master copy for the copy prepared when the work of fine art is being included in the film, the television program or the picture is a copy is covered by an act of publication or a copy which has been transferred by the author. If no preparation of a copy takes place, the same applies to the copy directly communicated to the public through the television program. (Act 2005:359).

 

On Public Performance

 

Article 21.  Anyone is entitled to publicly perform works, with the exception of cinematographic works and works made for the stage, which  have been made public

1.       on occasions where the performance of such works is not the main feature of the event, no admission fee is charged and the event is not organised for commercial purposes, and

2.      in the context of educational activities or divine services.

 

The Riksdag (Parliament) and governmental and municipal Authorities may, in cases referred to in the first Paragraph 1, publicly perform also cinematographic works and works made for the stage which have been made public. The works may be performed only through a connection to an external network which held available in order to satisfy a public information interest, and, as regards archives and libraries referred to in Article 16, first Paragraph, by means of a technical device intended for single customers in order to make available works forming part of the institution´s own collections. The performance may take place only at the Parliament’s or the authorities’ own venues.

 

The provisions of the first Paragraph, item 2  do not confer a right to publicly perform, for commercial purposes, compilations in educational activities. (Act 2013:691).

 

 

On Quotations

 

Article 22. Anyone is, in accordance with proper usage and to the extent necessary for the purpose, entitled to make quotations from works which have been made available to the public.

 

On the Use of Works of Fine Arts and of Buildings

 

Article 23. Works of fine art which have been made public may be rendered

1.      together with the text in a scientific presentation which has not been prepared for commercial purposes,

2.      together with the text in a critical presentation, except in digital form, and

3.      in a newspaper or a periodical together with a report on a current event, except if the work has been created for reproduction in such a publication.

 

The provisions in the first Paragraph apply only if the use of the rendering is carried out in conformity with proper usage and to the extent called for by the purpose. (Act 2005:359).

 

Article 24. Works of fine art may be reproduced in pictorial form

1.      if they are permanently located outdoors on, or at, a public place,

2.      if the purpose is to advertise an exhibition or a sale of the works of fine art, but only to the extent necessary for the promotion of the exhibition or the sale, or

3.      if they form part of a collection, in catalogues, however not in digital form.

 

Buildings may be freely reproduced in pictorial form. (Act 2005:359).

On Information on Current Events through Sound Radio and Television, etc.

 

Article 25. Works which are being seen or heard in the course of a current event may be rendered in connection with information concerning the current event through sound radio, television, direct communication or film. The works may, however, be represented only to the extent called for by the information purpose. (Act 1993:1007).

 

Article 25 a. Works that are being seen or heard in a television broadcast may be rendered when a television organization transmits an extract from the broadcast pursuant to Article 48 a. (Act 2010:697).

 

On Public Debates, Public Documents, etc.

 

Article 26. Anyone is entitled to use oral or written statements delivered

1.      before Public Authorities,

2.      in government or municipal representative bodies,

3.      in public debates on public matters, or

4.      at public questionings on such matters. 

 

The provisions of the first Paragraph 1 and 2 do not, however, apply as regards information for which secrecy applies under Chapter 31, Article 23 of the Public Access to Information and Secrecy Act (2009:400).

 

In the application of the first Paragraph it shall be observed,

1.      that writings cited as evidence, opinions and similar contexts may only be rendered in connection with a report concerning the legal proceedings or case in which they have appeared and only to the extent necessary for the purpose of the report,

2.      that the author has an exclusive right to publish compilations of his statements, and

3.      that what is stated during questionings mentioned in the first Paragraph 4 must not, pursuant to that provision, be used in sound radio or television broadcasts. (Act 2009:406).

 

Article 26 a. Anyone is entitled to render works forming part of the documents mentioned in Article 9, first Paragraph, and which are of the kind mentioned in Article 9, second Paragraph 2 to 4. This does not, however, apply in  respect of works referred to in Article 9, third Paragraph.

 

The author is entitled to remuneration except when the use occurs in the context of

1.      the activities of a Public Authority, or

2.      a report of a legal proceeding or a case or matter in which the work has appeared and the work is rendered only to the extent called for by the purpose of the report.

 

Anyone is entitled to render documents prepared by Swedish Public Authorities but which are not such referred to in Article 9, first Paragraph.

 

The second Paragraph does not apply to

1.      maps,

2.      technical models,

3.      computer programs,

4.      works created for educational purposes,

5.      works which are the result of scientific research,

6.      works of pictorial art,

7.      musical works,

8.      works of poetry, or

9.      works copies of which are made available to the public through Public Authorities in commercial activities. (Act 2000:92).

 

Article 26 b. Notwithstanding copyright, official documents shall be made available to the public as prescribed in Chapter 2 of the Freedom of the Press Act.

 

Copyright does not prevent the use of a work in the interest of the administration of justice or of public security. (Act 1997:790).

 

On Alterations of Buildings and of Useful Articles

 

Article 26 c. The owner of a building or a useful article is entitled to alter the property without the consent of the author. (Act 1993:790).

 

Special Provisions concerning Sound Radio and Television

 

Article 26 d. (constitutes now, in amended form, Article 42 e)

 

Article 26 e. A sound radio or television organization which has the right to broadcast a work is entitled to record the work on a material support from which it can be rendered, if this act is carried out

1.      for use in its own broadcasts on a few occasions during a limited time,

2.      to secure evidence concerning the content of the broadcast, or

3.      for making it possible for a Government Authority to exercise supervision over the broadcasting activities.

 

Anyone who pursuant to under Chapter 5, Article 3 of the Act (1991:1559) Containing Stipulations relating to the Freedom of the Press Act and the Fundamental Law on Freedom of Expression has a obligation to make a recording of a program made available on pay-tv is entitled to prepare copies of works included in the program, if this is carried out in order to secure evidence concerning the content of the program or to make it possible for a Government Authority to exercise supervision over the activities. Copies referred to in the second Paragraph may be used only for the purpose referred to there.

 

Recordings referred to in the first Paragraph 2 and 3 may be used only for the purposes indicated there. Such recordings which have a documentary value may, however, be preserved in the Royal Library.

 

A Government Authority having as its task to supervise advertising in sound radio and television broadcasts and programs referred to in the second Paragraph is entitled to render works included there to the extent justified by the purpose of the supervision. (Act 2015:359).

 

 

Article 26 f. Constitutes now Article 42 f (Act 2005:359). Special Provisions on Computer Programs, etc.

Article 26 g. Anyone who has acquired the right to use a computer program is

entitled to prepare such copies of the program and to make such alterations of the program which are necessary for him to be able to use the program for its intended purpose. This also applies to corrections of errors.

 

Anyone who has the right to use a computer program is entitled to make back-up copies of the program, if this is necessary for the intended use of the program.

 

Copies which have been prepared pursuant to the provisions of the first and second Paragraphs must not be used for other purposes and must, furthermore, not be used when the right to exploit the program has expired.

 

Anyone who has the right to use a computer program is entitled to observe, study or test the function of the program ascertaining the ideas and principles which lie behind the various details of the program. This applies provided that the act is performed in the context of such loading, display on a screen, processing, transmission or storing of the program that he is entitled to carry out.

 

Anyone who has a right to use a compilation is entitled to dispose of it in any way necessary for him to be able to use the compilation for its intended purpose.

 

Contractual stipulations limiting the right of the user under the second, fourth or fifth Paragraphs are null and void. (Act 1997:790).

 

Article 26 h. The rendering of the code of a computer program or translation of the form of the code is permitted if those acts are required for obtaining interoperability between the program and another program. This applies, however, only provided that the following conditions are met:

1.      the acts are performed by a person who has the right to use the program or, on his behalf, by a person who is authorized to perform those acts,

2.      the information necessary to achieve interoperability has not previously been readily available to the persons referred to in 1,

3.      the acts are confined to those parts of the original program which are necessary to achieve the intended interoperability.

 

The first Paragraph does not imply that the information be

1.      used for purposes other than to achieve the intended interoperability,

2.      given away to other persons except when this is necessary for obtaining the intended interoperability,

3.      used for the development, preparation or marketing of a computer program which in relation to the protected program has a substantially similar form of expression, or

4.      used for other acts which constitute an infringement of the copyright.

 

Contractual stipulations restricting the rights of the user under this Article are null and void. (Act 1993: 1007).

 

 

Article 26 i.  New number Article 42 a (Act 2005:359) .  CHAPTER 2 a. Right to Special Remuneration

Article 26 j. Repealed (Act 2007:521).

 

Remuneration Relating to the Manufacture and Importation of Material Supports for the Recording of Sounds or Images

 

Article 26 k. When a businessman, in his professional activities, manufactures or imports into this country material supports on which sounds or moving images can be recorded and which are especially suitable for the preparation of copies of works for private purposes, the authors of such protected works, that have thereafter been broadcast by sound radio or television or have been published on material supports by means of which they can be rendered, have a right to remuneration from the businessman.

 

The authors have, however, no right to remuneration, if the manufactured or imported material supports are intended for

1.      use for purposes other than the preparation of copies of works for private purposes,

2.      export from the country, or

3.      use for the preparation of copies of works for persons with a disability. (Act

2018:1099).

 

Article 26 l. The remuneration pursuant to Article 26 k is:

1.      in respect of material supports for analogue recording, two and a half “Öres”

for each possible recording minute,

2.      in respect of material supports where digital recording can be made repeatedly, 0,4 “Öres” for each megabyte storage capacity,

3.      in respect of other material supports for digital recording 0,25 “Öres” for each megabyte storage capacity.

 

The businessman is entitled to a reduction of the amounts of the remuneration under the first Paragraph, if

1.      the authors have in some other form received compensation for the preparation of copies of works referred to in Article 26 k, or

2.      the remuneration is unreasonably high, considering the circumstances relating to the material support or other conditions on the market. (Act 2005:359).

 

Article 26 m. Only an organization representing a significant number of authors and holders of neighbouring rights in the field is entitled to claim the remuneration and to conclude agreements on the reduction of the remuneration pursuant to Articles 26 k and 26 l. The organisation shall claim the remuneration and distribute it to those entitled to it, after deduction of compensation to the organization for its expenditure. For the purposes of the distribution, right-owners who are not represented by the organization shall be on an equal footing with right-owners who are represented by the organization.

 

The businessman referred to in Article 26 k, first Paragraph, shall give notice of himself to such an organization referred to in the first Paragraph. The businessman shall, upon request by the organization, provide an account of the number of material supports for which a right to remuneration applies, the recording time or the storage capacity of the supports, whether the supports can be used repeatedly for digital recording and when the supports were manufactured or imported. The account shall indicate the number of material supports referred to in Article 26 k, second Paragraph. (Act 2016:979).

 

Remuneration for Resale of Original Copies of Works of Art (Resale right)

 

Article 26 n. If a copy of an original work of art, that has been transferred, has been re-sold within the term of copyright protection, the author has a right to remuneration (resale right) if an art market professional is the seller, intermediary or buyer at the sale. An “original work of art” means

1.      a work of art that has been created by the artist himself,

2.      a copy of a work of art that has been created in a limited number of copies by the artist himself or with his or her consent.

 

The author has no right to remuneration if

1.      the sales price, with the exclusion of the value added tax, does not exceed one twentieth of the price basic amount under Chapter 2, Articles 6 and 7 of the Code of Social Security,

2.      the sale concerns a copy of a work of architecture in the form of a building, or

3.      the sale is undertaken by a private person to a museum that is open for the public and that carries out its activity without profit-making purposes, if no art market professional took part in the sale.

 

Where only one person who is an art market professional took part in the sale as a seller, intermediary or buyer, the remuneration shall be paid by that person. Where more than one such person took part in the sale, the remuneration shall be paid by the seller. Where the seller is not an art market professional, the remuneration shall instead be paid by the intermediary. (Act

2010:1206).

 

Article 26 o. The remuneration according to Article 26 n shall be calculated on the sales price, with the exclusion of the value added tax, and be charged as follows

1.      five per cent of the part of the sales price that does not exceed 50 000 Euros,

2.      three per cent of the part of the sales price that lies between 50 000,01 and

200 000 Euros,

3.      one per cent of the part of the sales price that lies between 200 000,01 and

350 000 Euros,

4.      one half per cent of the part of the sales price that lies between

350 000, 01 and 500 000 Euros,

5.      0, 25 per cent of the part of the sales price that exceeds 500 000 Euros.

 

A remuneration under the first Paragraph may not be charged by more than 12 500 Euros.

 

For the purposes of calculation what shall be paid as a resale right remuneration, the conversion of the amounts indicated in the first and second Paragraphs from  Euros to  Swedish “kronor” shall be made according to the exchange rate fixed by the European Central Bank for the date when the sale takes place, or, where the sale does not take place on a day when the Swedish banks are open, the exchange rate that has been fixed for the nearest preceding date when the Swedish banks are open.

 

The right to remuneration is personal and must not be transferred or waived.



 

 

Notwithstanding the provisions of Chapter 10, Article 3, first Paragraph, of the Marriage Code, the provisions governing the division of property between spouses, inheritance and will shall apply to the right after the death of the author. (Act 2007:521).

 

Article 26 p. Only an organization representing a substantial number of authors of works in the area concerned which are being exploited in Sweden is entitled to claim the remuneration.

 

Anyone who, in a professional capacity, is active in the art market as a seller, an intermediary or a buyer shall at the latest on April 1 give an account to the organisation of the sales giving rise to remuneration which have been made during the immediately preceding calendar year. For each sale, information shall be provided about the author, the work, the sales price and the date of the sale. An account shall be given also if no sales giving rise to remuneration have been made.

 

The party liable to pay the remuneration shall pay the remuneration when the organization claims it. If no claim has been made in respect of a sale giving rise to a remuneration, the party liable to pay the remuneration shall pay the remuneration to the organization at the latest on May 1 in the year after the sale.

 

A claim for a resale right remuneration becomes statute-barred three years after the expiry of the calendar year when the sale was made if the organization has not before that date claimed the remuneration from the party liable to pay the remuneration or indicated to him that the debt is due for payment. (Act 2018:604)

 

Article 26 q. The organization shall pay the resale right remuneration to the person entitled to the remuneration after deduction of the expenses that the organization had.

 

The claim of the party entitled to the remuneration against the organization becomes statute-barred ten years after it came into existence, however only if the organization has undertaken reasonable measures to find the person entitled to the remuneration. (Act 2018:604).

 

CHAPTER 3. Transfer of Copyright

 

General Provisions on Assignments

 

Article 27. Subject to the limitation which follows from Article 3, copyright may be transferred in its totality or partially. The transfer of a copy does not include a transfer of the copyright. In the case of a portrait executed on commission, the author may, however, not exercise his right without the consent of the person who commissioned it or, after the death of such a person, the surviving spouse and heirs.

 

Provisions governing the transfer of copyright in certain specific cases are included in Articles 3040 §. Those provisions apply, however, only in the absence of an agreement to the contrary. (Act 1992:1687).

 

Article 28. In the absence of an agreement to the contrary, the person to whom copyright has been transferred may not alter the work or transfer the right to others. If the copyright forms part of a business activity, it may be transferred together with the business activity or of a part thereof; however, the transferor remains liable for the fulfilment of the agreement.

 

 

 

Article 29. If an author transfers his right to make a work available to the public through rental of such recordings to a producer of sound recordings or recordings of moving images, the author has a right to an equitable remuneration.



Contractual stipulations  limiting this right are null and void. (Act 1997:309). Contracts Relating to Public Performance, etc.

Article 30. If the right to communicate a work to the public or to perform it

publicly has been transferred, the transfer shall be valid for a period of three years and shall not confer exclusivity. If a longer term than three years has been determined and exclusivity has been agreed on, the author may nevertheless himself communicate the work or perform it or transfer such rights to another person, if the right has not been exercised within a period of three years.

 

The provisions of this Article do not apply to cinematographic works. (Act

2005:309).

 

On Publishing Contracts

 

Article 31. By means of a publishing contract the author transfers to the publisher the right to reproduce a literary or artistic work by printing or any similar process, and the right to publish it.

 

A manuscript or other copy from which the work shall be reproduced remains the property of the author.

 

Article 32. The publisher has the right to publish one edition, which may not exceed, in the case of a literary work, 2 000 copies, in the case of a musical work

1 000 copies, and in the case of a work of fine art 200 copies.

 

An edition is understood as what the publisher produces at one and the same time.

 

Article 33. The publisher has the duty to publish the work within a reasonable time, to ensure the distribution of it in the usual manner, and to follow up the publishing activities to the extent determined by marketing conditions and other circumstances. In the case of default in this respect, the author may rescind the contract and keep the fee received. If the author has suffered damage which is not covered by it, such damage shall also be compensated.

 

Article 34. If the work has not been published within two years or, in the case of a musical work, four years, from the time when the author delivered a complete manuscript or other copy for reproduction, the author may, even if there is no fault on the part of the publisher, rescind the contract and keep the fee received. The

same applies when the copies of the work are exhausted and the publisher is entitled to publish a new edition but fails to do so within one year from the time when the author requested him to do so.

 

Article 35. The publisher shall provide the author with a certificate from the printer or whoever else reproduces the work concerning the number of copies produced.



 

 

 

If, during a financial year, sales have been made for which the author is entitled to a fee, the publisher shall, within nine months from the end of that year, render account to him stating the sale during the year and the number in stock at the end of the year. Even otherwise, the author has after the expiry of the term for the account a right to obtain, upon request, a statement concerning the number in stock at the end of the year.

 

 

Article 36. If the production of a new edition is commenced more than a year from the publication of the previous edition, the author shall be entitled to make, before the production starts, such changes in the work which can be made without unreasonable costs and without altering the character of the work.

 

Article 37. The author is not entitled to publish the work again in the form or manner covered by the contract, before the edition or editions which the publisher is entitled to publish have been exhausted.

 

When fifteen years have elapsed from the commencement of the publication, the author is, however, entitled to include a literary work in an edition of his collected or selected works.

 

Article 38. The provisions concerning publishing contracts do not apply to contributions to newspapers or periodicals. Articles 33 and 34 do not apply to contributions to other composite works.

 

On Film Contracts

 

Article 39. A transfer of the right to record a literary or artistic work in a film includes the right to make the work available to the public, through the film, in cinemas, on television or otherwise and to make, in the film, spoken parts available in textual form or to translate them into another language. This provision does not apply to musical works. (Act 1973:363).

 

Article 40. If the right to use a literary or musical work for a film intended for public showing is transferred, the transferee shall, within a reasonable time, produce the film and see to it that it is made available to the public. If this is not done, the author is entitled to rescind the contract and keep the fee received. If the author has suffered damage which is not covered by it, also such damage shall be compensated.

 

If the cinematographic work has not been recorded within five years from the time when the author fulfilled his obligations, the author is entitled to rescind the contract and keep the fee received, even if there is no fault on the part of the transferee.

 

On Computer Programs Created in Employment Relations

 

Article 40 a. Copyright in a computer program created by an employee as a part of his tasks or following instructions by the employer is transferred to the employer unless otherwise agreed in contract. (Act 1992:1687).



 

 

 

On Transfer of Copyright at the Death of the Author, etc.

 

Article 41. Notwithstanding the provisions in Chapter 10, Article 3, first Paragraph, of the Marriage Code the provisions governing the division of the joint property of the spouses, inheritance and will shall, after the death of the author, apply to copyright. An administrator of the estate may not, without the consent of the heirs, exploit the work in a manner other than that in which it has been previously exploited.

 

The author may, with binding effect for the surviving spouse and heirs of his body, give directions in his will concerning the exercise of copyright or authorize somebody else to give such directions. (Act 1987:800).

 

 

Article 42. Copyright shall not be subject to legal seizure as long as it remains with the author or with any other person who has acquired the copyright by virtue of division of the joint property of spouses, inheritance or will. The same shall apply to manuscripts and to such works of art which have not been exhibited, placed on sale or otherwise approved for being made available to the public. (Act 1987:800).

 

CHAPTER 3 a. On Extended Effect of Collective Licenses

 

Common Provisions concerning Extended Effect of Collective Licenses

 

Article 42 a. An collective license with extended effect referred to in Articles 42 b – 42 h applies to the exploitation of works in a specific manner, when an agreement has been concluded concerning the exploitation of works in this manner with an organization representing a significant number of authors of works in the field concerned which are being exploited in Sweden. The extended collective license confers to the user the right to exploit works of the kind referred to in the agreement despite the fact that the authors of those works are not represented by the organization, In order for a work to be exploited pursuant to Article 42 c, the agreement with the organization shall have been concluded by someone who carries out educational activities in organised forms.

 

The conditions for the exploitation of the work that follow from the agreement apply. In respect of the remuneration deriving from the agreement and in respect of  other benefits from the organization which are essentially paid for out of the remuneration, the author shall be on an equal footing with the authors represented by the organization. Notwithstanding what has been said now, the author has, however, always a right to remuneration relating to the exploitation, provided that he or she forwards the claim within three years from the year in which the work was exploited. Claims for remuneration may be directed only towards the organization.

 

As against the user exploiting a work pursuant to Article 42 f, claims for remuneration may be forwarded only by the contracting organizations. All such claims shall be forwarded at the same time. (Act 2013:691).

 

Extended Collective License for Public Authorities, Enterprises and Organizations

etc.

 

Article 42 b. The “Riksdag” (Parliament), decision-making municipal assemblies, governmental and municipal authorities as well as enterprises and organizations may, in order to satisfy the need for information within their field of activities, prepare copies of, and communicate and perform, literary works and works of fine art which have been made public, if an extended collective license applies pursuant to Article 42 a.

 

The provisions of the first Paragraph do not apply if the author has filed a prohibition against the reproduction, communication or performance to any of the contracting parties. (Act 2013:691).

 

Extended Collective License for Educational Activities

 

Article 42 c. Copies may be made for educational purposes of works which have been made public, if an extended collective license applies pursuant to Article 42 a. The copies may be used only in educational activities covered by the agreement constituting the basis for the application of the extended collective license.

 

The provisions of the first Paragraph do not apply if the author has filed a prohibition against the reproduction to any of the contracting parties. (Act

2005:359).

 

Extended Collective License for Certain Archives and Libraries

 

Article 42 d. Archives and libraries are entitled to prepare copies of works that form part of their own collections and make available to the public such works which have been made public, if an extended collective license applies pursuant to Article 42 a.

 

The provisions of the first Paragraph do not apply if the author has filed, to any of the contracting parties, a prohibition against the making of copies or the making available or if there are, on other grounds, special reasons to assume that the author objects to the exploitation. (Act 2017:323).

 

Extended Collective Licenses for Radio and Television

 

Article 42 e. A sound radio or television organization is entitled to broadcast literary and musical works which have been made public and works of fine art which have been made public, if an extended collective license applies pursuant to Article 42 a. If the work forms part of a radio or television program broadcast by the organization, the organization is also entitled to communicate the work to the public in such a way that members of the public can access it from a place and at a time chosen by themselves. The organization is also entitled to prepare copies of the works necessary for the communication.

 

The provisions of the first Paragraph do not apply to works made for the stage, nor to other works if the author has filed a prohibition against the broadcast or the communication to any of the contracting parties or if there are, on other grounds, special reasons to assume that the author objects to the exploitation. The provisions of the first Paragraph do not apply to re-transmissions referred to in Article 42 f.

 

In respect of transmission via satellite, the extended collective license applies only if the broadcasting organization simultaneously carries out a broadcast through a terrestrial transmitter.  (Act 2013:691).

 

Article 42 f. Anyone is entitled to transmit to the public (re-transmit), simultaneously and in an unaltered form, by wireless means or by wire, works which form part of a wireless sound radio or television broadcast, if an extended collective license applies pursuant to Article 42 a.

 

 

The provisions of the first Paragraph do not apply to works where the re- transmission rights belong to the sound radio or television organization which  carries out the original transmission. (Act 2005:359).

 

Article 42 g. A sound radio or television organization is, if an extended collective license applies under Article 42 a, entitled to communicate to the public works which have been made public, if the works form part of the organization’s own productions or of productions commissioned by the organization and which have been broadcast before July 1, 2005. The organization may also prepare such copies of the works necessary for the communication.

 

The first Paragraph does not apply if the author has, to any of the contracting parties, filed a prohibition against the communication or the reproduction or if there are, on other grounds, special reasons to assume that the author objects to the exploitation. (Act 2011:94).

 

General extended collective license

 

Article 42 h. Anyone is entitled to, within a specifically delimited area of exploitation, prepare copies of works or make available to the public works which  have been made public also in cases other than those referred to in Articles 42 b – 42 g if an extended collective license applies pursuant to Article 42 a and a prerequisite for the exploitation is that the user, through the agreement with the organization, is conferred a right to exploit works of the kind referred to in the agreement despite the fact that the authors of the works are not represented by the organization.

 

The provisions of the first Paragraph do not apply if the author has filed to any of the contracting parties a prohibition against the reproduction or the making available or if there are, on other grounds, special reasons to assume that the author objects to the exploitation. (Act 2013:691).

 

CHAPTER  4. Term of Copyright

 

 Article 43. Copyright in a work subsists to the expiry of the seventieth year after the year in which the author deceased or, in the case of a work referred to in Article 6, after the year in which the last surviving author deceased.

 

Instead of what is prescribed in the first Paragraph, copyright subsists in respect of

1.      a cinematographic work, to the expiry of the seventieth year after the year of the death of the last deceased of one of the following persons, namely the principal director, the author of the screenplay, the author of the dialogue and the composer of the music specifically created for the work, and

2.      a musical work accompanied by text, to the expiry of the seventieth year of the year of the death of the last deceased of the composer and the author of the lyrics if the music and the text have been created specifically for the work. (Act 2013:691).

 

Article 44. In respect of a work which has been made public without mention of the author's name or generally known pseudonym or signature, copyright shall subsist until the expiry of the seventieth year after the year in which the work was made public. If the work consists of two or more interconnected parts, the term shall be calculated separately for each part.

 

If the author reveals his identity within the term mentioned in the first

 

Paragraph, the provisions of Article 43 apply.

 

In respect of works which have not been made public and whose author is not known, copyright subsists until the expiry of the seventieth year after the year in which the work was created.

 

Article 44 a. If a work has not been published within the term referred to in Articles 43 or 44, the person who thereafter for the first time publishes or makes public the work shall benefit from a right in the work corresponding  to the economic rights of copyright. The right subsists until the expiry the twenty-fifth year after the year in which the work was published or made public. (Act

1995:1273).

 

CHAPTER 5. Certain Rights Neighbouring to Copyright

 

Performing Artists

 

Article 45.  Subject to the limitations prescribed in this Act, a performing artist has an exclusive right to exploit his performance of a literary or artistic work or of an expression of folklore, by

1.      fixing the performance on a gramophone record, a film or another material support from which it can be perceived,

2.      making copies of a fixation of the performance, and

3.      making the performance or a fixation of it available to the public.

 

The rights referred to in the first Paragraph, items 2 and 3, subsist to the expiry of the fiftieth year after the year in which the performance took place. If the recording has been published or made public within fifty years from the performance, the rights apply instead until the expiry of the fiftieth or, in respect of sound recordings, seventieth year after the year in which the recording was first published or made public.

 

The provisions of Article 2, second -  fourth Paragraphs, 3, 6 - 9, 11 – 12 and 16, 16 a, third Paragraph, 17 - 17 c, 17 e, 21, 22, 25 -26 b, 26 e, 26 k - 26 m, and 27 -  29, 39, first sentence, and 41 – 42 h shall apply in respect of performances referred to in this Article.

 

When a copy of a recording under this Article has been, with the consent of the performing artist, transferred within the European Economic Area, that copy may be distributed further.

 

The provisions of the fourth Paragraph do not confer a right to make available to the public

1.      copies of a recording, through rental or other similar legal acts, or

2.      copies of a film or another material support on which moving images have been recorded, through lending. (Act 2018:1099).

 

Article 45 a.  If a performing artist holding the right in a sound recording pursuant to Article 45, has transferred this right to a phonogram producer against a one-off remuneration, the performer has a right to obtain a separate remuneration from the producer (supplementary remuneration) for each year following the fiftieth year after the year when the recording was first published or, if it has not been published, the year when it was first made public. If two or more artists having a right to a supplementary remuneration have executed the performance together, the remuneration is due to them jointly.

 

The supplementary remuneration shall correspond to twenty per cent of the revenue that the producer has derived from the right to exploit the recording. The revenue from rental of the recording or from remuneration to the producer pursuant to Article 26 k or Article 47 shall, however not be taken into account in the calculation.

 

Any contractual provision limiting the right of the performer under this Article is null and void. (Act 2013:691).

 

Article 45 b. Only an organization representing a substantial number of performing artists having a right to remuneration in the field concerned is entitled to claim the supplementary remuneration pursuant to Article 45 a. The organisation shall claim the remuneration and distribute it between those entitled to it after deduction of compensation to the organization for its expenditure. In respect of the distribution, performers who are not represented by the organisation shall be on an equal footing with performers represented by the organization.

 

At the request by the organization the producer shall provide the basis needed for the calculation of the remuneration. (Act 2013:691).

 

Article 45 c. If a performing artist holding the right in a sound recording pursuant to Article 45 has transferred this right to a phonogram producer against a recurring remuneration, the performer has, after the fiftieth year after the year when the recording was first published, or if has not been published, the year when it was first made public, a right to a payment, without deduction of any advance payment or deduction for any other reason. A deduction may, however, be made if the performer has explicitly approved it. (Act 2013:691).

 

Article 45 d. If a performing artist holding the right in a sound recording pursuant to Article 45 has transferred this right to a phonogram producer, the performer has, after the fiftieth year after the year in which the recording was first published or, if it has not been published, the year in which it was first made public, a right to revoke the contract, if

1.      the producer does not offer copies of the phonogram for sale in sufficient number of copies and makes it available to the public in such a way that members of the public may access it from a place and at a time individually chosen by them, and

2.      the performer has invited the producer to make the recording available to the public in the way prescribed under 1 and the producer fails to do so within one year from the invitation.

 

If two or more performers have executed the performance jointly and transferred their rights in the recording to the producer, they may only jointly file an invitation and the revocation declaration.

 

If the contract is being revoked, the performer is entitled to keep the remuneration received.

 

Any contractual stipulation limiting the right of the performer under this Article is null and void. (Act 2013:691).

 

Producers of Recordings of Sounds and of Images

 

Article 46.  Subject to the limitations prescribed in this Act, a producer of recordings of sounds or of moving images has an exclusive right to exploit his recording by

1.      preparing copies of the recording, and

2.      making the recording available to the public.

 

The rights referred to in the first Paragraph subsist until fifty years have elapsed after the year in which the recording was made. If a sound recording has been

published within this period, the rights subsist, instead, until the expiry of the seventieth year after the year in which the sound recording was first published. If the sound recording has not been published during the said period but is made public during the same period, the rights subsist, instead, until the expiry of the seventieth year after the year in which the sound recording was first made public. If a contract has been revoked pursuant to Article 45 d, the rights do not, however, apply any longer. If a recording of moving images has been published or made public within fifty years from the recording, the rights under the first Paragraph subsist until fifty years have elapsed from the year in which the recording of moving images was first published or made public.

 

The provisions of Article 2, second - fourth Paragraphs, 6 - 9, 11, second Paragraph, 11 a, 12 and 16, 16 a, third Paragraph, 17 – 17 c, 17 e, 21, 22, 25 - 26 b, 26 e, 26 k -  26 m and 42 a – 42 h shall apply in respect of recordings referred to in this Article. Furthermore, in respect of sound recordings what is prescribed for cinematographic works in Articles 16 a and 16 b and 16 c, first, second and fourth to sixth Paragraphs, shall apply.

 

When a copy of a recording pursuant to this Article has been, with the consent of the producer, transferred within the European Economic Area, that copy may be distributed further.

 

The provisions of the fourth Paragraph do not confer a right to make available to the public

1.      copies of a recording through rental or other similar legal acts, or

2.      copies of a film or other material support on which moving images have been recorded, through lending. (Act 2018:1099).

 

Use of Sound Recordings for Public Performance, etc.

 

Article 47.  Notwithstanding the provisions in Article 45, first Paragraph, and Article 46, first Paragraph, sound recordings may be used

1.      for a public performance, or

2.      for a communication to the public, except in cases where the communication occurs in such a way that members of the public may access the sound recordings from a place and at a time individually chosen by them.

 

When an exploitation referred to in the first Paragraph occurs, the producer and the performing artists whose performances appear in the recording, have a right to remuneration. Where two or more performing artists have executed the performance together, their right may only be claimed by them jointly. Against the user of the recording, the claims of the performers and those of the producer shall be forwarded at the same time.

 

If a sound recording is used for a communication in the form of a wireless sound radio or television broadcast which is re-transmitted to the public by wireless means or by wire simultaneously and without alteration (re-transmission) the following applies. Against the party carrying out the retransmission, the claim for remuneration may be forwarded only through organizations representing a significant number of performing artists or producers whose performances or recordings are being exploited in Sweden. The organizations shall forward their claims at the same time as the claims referred to in Article 42 a, third Paragraph.

 

The provisions in Article 11, second Paragraph, shall apply in the cases referred to in this Article

 

This Article does not apply to sound films. (Act: 2013:691).

 

Sound Radio and Television Organizations

 

Article 48.  Subject to the limitations prescribed in this Act, a sound radio or television organization has an exclusive right to exploit a sound radio or television broadcast by

1.      fixing the broadcast on a material support from which it can be perceived,

2.      preparing copies of a recording of the broadcast,

3.      distributing copies of a recording of the broadcast to the public,

4.      permitting a re-broadcast or a communication to the public in places accessible to the public against the payment of an entrance fee, or

5.      permitting that a fixation of the broadcast be communicated, by wire or wireless means, to the public in such a way that members of the public may access the recording from a place and at a time individually chosen by them.

 

The rights referred to in the first Paragraph, items 2, 3 and 5, subsist until the expiry of the fiftieth year after the year in which the broadcast took place.

 

The provisions of Article 2, second Paragraph, 6 - 9, 11, second Paragraph, 11 a, 12 and 16, 16 a, third Paragraph, 17 – 17 c, 17 e, 21, 22, 25 - 26 b, 26 e, 42 a, 42 b, 42 d, 42 g and 42 h shall apply in respect of sound radio and television broadcasts referred to in this Article.

 

When a copy of a recording referred to in this Article has been, with the consent of the organization, transferred within the European Economic Area, that copy may be distributed further.

 

If a sound radio or television organization has a claim for remuneration for a retransmission referred to in Article 42 f and which has been carried out with the consent of the organization, the organization shall forward its claim at the same time as the claims referred to in Article 42 a, third Paragraph. (Act 2018:1099).

 

Article 48 a. If a television organization has an exclusive right to broadcast an event of significant public interest, other television organizations established within a country member of the European Economic Area may, notwithstanding Article 48, make use of extracts from the television broadcast of the event in its own television broadcasts constituting general news programs. The television organization may also make use of the extract when a recording of the news program is later made available to the public in such a way that members of the public may access the recording from a place and at a time individually chosen by them.

The extract must not be longer than what is justified by the information purpose. Nor may any use be made of it for a longer time after the event than may be justified by the news interest.

The provisions in Article 11, second Paragraph, shall apply in the cases referred to in the first Paragraph. (Act 2010:697).

 

Producers of Catalogues, etc.

 

Article 49.  Anyone who has produced a catalogue, a table or another similar product in which a large number of information items have been compiled or which is the result of a significant investment, has an exclusive right to prepare copies of the product and to make it available to the public.

 

The right under the first Paragraph subsists until fifteen years have elapsed from the year in which the product was prepared. If the product has been made available to the public within fifteen years from its preparation, the right shall, however, subsist until fifteen years have elapsed from the year in which the product first was made available to the public.

 

The provisions of Article 2, second - fourth Paragraphs, 6 - 9, 11, second Paragraph, 12, first, second and fourth Paragraphs, 14 and 16, 16 a, third Paragraph, 17 – 17 c, 17 e, 18 - 22, 25  -  26 b and 26 e,  26 g, fifth and sixth Paragraphs and  Articles 42 a – 42 h shall apply to products referred to in this Article. If a product of this kind, or part of it, is the subject of copyright, also this right may be claimed.

 

Any contractual stipulation extending the rights of the producer pursuant to the first Paragraph in respect of a product which has been made public is null and void. (Act 2018:1099).

 

Photographers

 

Article 49 a. Anyone who has prepared a photographic picture has an exclusive right to prepare copies of the picture and to make it available to the public. The right applies regardless of whether the picture is used in its original form or an altered form and regardless of the technique used.

 

As a photographic picture is considered also any picture that has been prepared by a process analogous to photography.

 

The right under the first Paragraph subsists until fifty years have elapsed after the year in which the picture was prepared.

 

The provisions of Articles 2, second - fourth Paragraphs, 3, 7 - 9, 11 and 11 a, 12, first and fourth Paragraphs, 16, 16 a, third Paragraph, 17 – 17 c, 17 e, 18 - 21, and 23, 24, first Paragraph, 25 - 26 b, 26 e, 26 k – 28, 31- 38, 41 – 42 h and 50 – 52 shall apply to pictures referred to in this Article. If such a picture is the subject of copyright, also this right may be claimed. (Act 2018:1099).

 

CHAPTER 6. Special Provisions

 

Article 50. A literary or artistic work may not be made available to the public under such a title, pseudonym or signature that the work or its author may be easily confused with a work which has previously been made available to the public, or with its author.

 

 

Article 51. If a literary or artistic work is presented in a manner which violates cultural interests, a Court may, upon an action by an Authority appointed by the Government, issue an injunction prohibiting such use, under penalty of a fine. This provision shall not apply to presentations du