WORLD TRADE IP/N/lISWE/C/l 
15 March 1996 
ORGANIZATION 
(96-0918) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original: English 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Sweden 
The present document reproduces 1 the following laws and regulations, as notified by Sweden 
under Article 63.2 of the Agreement (see document lP/NIl/SWEll): 
Act on Copyright in Literary and Artistic Works (1960:729), as amended 2 
up to 1 July 1995 
Act Amending the Act (1960:729) on Copyright in Literary and Artistic 24 
Works (1995:447) 
Act Amending the Act (1960:729) on Copyright in Literary and Artistic 30 
Works (1995: 1273) 
Act Amending the Act (1995:447) Amending the Act (1960:729) on 34 
Copyright in Literary and Artistic Works (1995: 1274) 
Copyright Regulation (1993: 1212) 35 
IIn English only IP/NIlISWE/CI 1 
Page 2 
ACT ON COPYRIGHT IN LITERARY AND ARTISTIC WORKS 
(No 729, of December 30, 1960, as amended up to July 1, 1995). 
CHAPTER 1. 
Subject Matter and Scope 
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 or dramatic work, 
4. a cinematographic work, 
5. a photographic work or another work of fine arts, 
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 skall 
mutatis mutandis apply also to preparatory design material for computer 
programs. 
Article 2. With the limitations stated hereinafter, copyright shall include 
the exclusive right to control the work by reproducing it and by making 
it available to the public, be it in the original or an altered form, in 
translation or adaptation, in another literary or artistic form, or by other 
technical means. 
As a production of copies shall also be considered the recording of a 
work on a material support by means of which it can be reproduced. 
A work is made available to the public by public performance, or by 
having copies of it placed on sale, leased, lent, or otherwise distributed 
to the public or publicly exhibited. As a public performance shall also be 
deemed a performance which takes place within the framework of 
commercial activities for a comparatively large closed group of persons. 
Article 3. When a work is reproduced, or when it 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 changed 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 the manner stated. 
The author may, with binding effect, waive his right under this IP/NIlISWE/CI 1 
Page 3 
Article only in relation to uses which are limited as to their 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 have 
copyright in the work in the new form, but his right to control it shall be 
subject to the copyright in the original work. 
If a person, in free connection with another work, has created a new and 
independent work, his copyright shall not be subject to 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 have 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. However, each one of them is entitled to bring an action 
for infringement. 
Article 7. A person whose name or generally known pesudonym 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 named, 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. 
As 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. 
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. 
However, copyright subsists in works of the following kinds when they 
form part of a document mentioned in the first paragraph: 
1. maps, 
2. works of drawing, painting or engraving, 
3. musical works, or 
4. works of poetry. 
Article 10. Copyright subsists in a work even if it has been registered as IP/N/lISWE/C/1 
Page 4 a design. 
Copyright does not subsist in layout designs in semiconductor products. 
Special provisions apply to the rights in such designs. 
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 on the basis of 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 permitted use. 
Reproduction for Private Purposes 
Article 12. Anyone is entitled to make, for private purposes, single 
copies of works which have been made public. Such copies may not be 
. used for other purposes. 
The provisions in the first paragraph do not apply to computer programs 
and do not include a right to construct a work of architecture. 
The provisions in the first paragraph do not confer a right to engage, for 
private purposes, another person to 
1. make copies of musical works or cinematographic works, 
2. make useful articles or sculptures, 
3. copy another person's artistic work by artistic reproduction. 
Reproduction within Educational Activities 
Article 13. For educational purposes may copies of published works be 
prepared by means of reprographic reproduction and recordings be made 
of works broadcast by sound radio or television, if an extended collective 
agreement license applies under Article 26 i. The copies and recordings 
thus made may be used only in such educational activities which are 
covered by the agreement forming the basis for the extended collective 
agreement license. 
The first paragraph does not apply if the author has filed a prohibition 
against such reproduction with any of the contracting parties. 
Article 14. Teachers and pupils may for educational purposes make 
recordings of their own performances of works. Such recordings may not 
be used for other purposes. 
Reproduction within Hospitals. etc. IP/NI1/SWE/CI 1 
Page' 5 
Article 15. Hospitals and establishments for special service or care of 
elderly or disabled persons may make recordings of sound radio or 
television broadcasts. The recordings may be used only within the 
establishment and within a short time from the making of the recording. 
Reproduction within Certain Archives and Libraries 
Article 16. Those archives and libraries which are mentioned in the third 
and fourth paragraphs may make copies of works, with the exception of 
computer programs, 
1. for purposes of preservation, completion or research, 
2. of single articles or short extracts of works or of material which for 
reasons of security must not be given away in original, for delivery to 
users, or 
3. for use in reading devices. 
Reproduction as mentioned in the first paragraph items 1. and 2. may be 
carried out only by means of reprography. 
Right to make copies according to this Article have 
1. governmental and municipal archival authorities, 
2. the National Archive for Recorded Sound and Moving Images, 
3. such scientific and research libraries which are run by public 
authorities, and 
4. public libraries. 
The Government may in specific cases grant also certain archives and 
libraries other than those mentioned in the third paragraph a right to 
make copies under this Article. 
Reproduction for Visually Handicapped Persons. etc. 
Article 17. Anyone is entitled to make copies printed in braille of 
published literary and musical works. 
The Government may in specific cases grant libraries and organizations 
a right to make copies of published literary works by means of recording 
of a recitation of the work or by means of a transfer from another 
recording, for lending to visually handicapped persons and other disabled 
persons who are not able to acquaint themselves with the works in 
written form, Such copying must, however, not take place in respect of 
works of which recordings have been put on the market. 
Composite Works for Use in Educational Activities 
Article 18. Anyone who, for use in educational activities, prepares a 
composite work consisting of works by a comparatively large number of 
authors may, in that work, use minor portions of literary and musical 
works or short works of any of those categories, provided that five years 
have elapsed from the publication of those vorks. Artistic works may be 
used in connection with the text, provided that five years have elapsed IP/NI1/SWE/CI 1 
Page 6 from their being made available to the public. The authors are entitled to 
remuneration. 
The provisions of the first paragraph do not apply to works which have 
been created for use in educational activities. 
Distribution of Copies 
Article 19. When a copy of a literary or musical work or a work of fine 
arts has been transferred with the consent of the author, that copy may 
be further distributed. However, as regards copies of computer programs 
the further distribution is, instead, allowed after the copy has, with the 
consent of the author, been transferred within the European Economic 
Area. 
The provisions in the first paragraph do not constitute a right to make 
available to the public 
1. copies of works, with the exception of buildings and works of applied 
art, through rental or similar acts, or 
2. copies of computer programs in machine-readable form, through 
lending. 
Exhibition of Copies 
Article 20. When a work has been published, those copies wich are 
included in the publication may be publicly exhibited. The same applies 
when the author has transferred copies of a work of fine arts. 
The provisions of the first paragraph do not confer a right to exhibit 
copies of works of fine arts through a film or a televisions broadcast. 
Copies of works of art referred to in the first paragraph may, however, 
be included in a film or a television broadcast provided that such 
inclusion is of minor importance to the contents of the film or the 
television program. 
Public Performances 
Article 21. Anyone may publicly perform published works 
1. on occasions when the performance of such works is not the main 
feature of the event, provided that no admission fee is charged and the 
event is not for profit, and 
2. in educational activities and for divine .services. 
The provisions of the first paragraph do not apply to dramatic works or 
cinematographic works and do not confer a right to use works in sound 
radio or television. 
QuotatIons 
Article 22. Anyone may, in accordance with proper usage and to the 
extent necessary for the purpose, quote from works which have been 
made available to the public. Use of Works of Fine Arts and of Buildings IP/N/1/SWE/C/l 
Page 7 
Article 23. Works of fine arts which have been made available to the 
public may be used 
1. in connection with the text in critical or scientific presentations, 
2. in newspapers or periodicals in connection with reports on current 
news events, except if the work has been created specifically for 
reproduction in such a publication. 
The provisions of the first paragraph apply only if the use is carried out 
in conformity with proper usage and to the extent called for by the 
informatory purpose. 
Article 24. Works of fine arts may be reproduced in pictorial form and 
then made available to the public 
1. when they are permanently situated outdoors on or at a public place, 
or 
2. if they are exhibited, placed on sale or form part of a collection, but 
in such cases only in notices concerning the exhibition or sale and in 
catalogues. 
Buildings may be freely reproduced in pictorial form and then made 
available to the pUblic. 
Information on Current Events 
Article 25. Works which are seen or heard in the course of an event may 
be used in connection with information concerning the event through 
sound radio, television, direct transmission or film. The works may, 
however, be used only to the extent justified by the informatory purpose. 
Public Debates. Public Documents. etc. 
Article 26. Anyone is entitled to use oral or written statements 
1. before public authorities, 
2. in government or municipal representative bodies, 
3. in public debates on public matters, 
4. at public questionings on such matters. 
However, in the application of the provisions in the first paragraph it 
shall be observed, 
1. that writings cited as evidence, reports and similar works may be 
used only 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 such a report, 
2. that the author has an exclusive right to publish compilations of his 
statements, and 
3. that what is stated during questionings as mentioned in the first 
paragraph, item 4. must not be used, on the basis of that provision; in 
sound radio or television broadcasts. IP/N/lISWE/CI 1 
Page 8 Article 26 a. Anyone is entitled to use works which form part of the 
documents mentioned in Article 9, first paragraph, and which are of the 
kind mentioned in Article 9, second paragraph, items 2 to 4. The author 
is entitled to remuneration except when the use occurs in connection with 
1. the activities of a public authority, 
2. a report of the legal proceeding or case in which the work appears 
and the work is used only to the extent necessary for the informatory 
purpose. 
Anyone is entitled to use documents which are prepared by Swedish 
public authorities but which are not such as are mentioned 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 drawing, painting or engraving, 
7. musical works, 
8. works of poetry, or 
9. works copies of which are made available to the public through public 
. authorities in connection with commercial activities. 
Article 26 b. Notwithstanding copyright therein, official documents shall 
be made available to the public as prescribed in Chapter 2 of the 
Freedom of the Press Act. 
Copyright in a photographic work does not prevent the use of the work 
in the interest of justice or public security. 
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. 
Special Provisions concerning Sound Radio and Television 
Article 26 d. Sound radio and television organizations as specified in 
particular cases by the Government are entitled to broadcast such 
published literary and musical works and works of fine arts which have 
been made available to the public, provided that an extended collective 
agreement license applies under Article 26 i. 
The provisions in the first paragraph do not apply to dramatic works, nor 
to other works if the author has prohibited such broadcasting or there are 
special reasons to assume that he would oppose the broadcast. The 
provisions in the first paragraph do not apply to retransmissions referred 
to in Article 26 f. 
As regards transmissions via satellite the extended collective agreement IP IN 11 ISWE/CI 1 
1· l' l' f h .. ... 1 Pagel 9 . lcense app les on y 1 t e emitting organizatIon stmu taneous y cames out 
an emission through a terrestrial transmitter. 
Article 26 e. A sound radio or television organization which has 
acquired the right to broadcast a work is also entitled to record the work 
on a material support from which it can be perceived, if this act is made 
1. for use in its own broadcasts a few times during a limited time, 
2. to ensure evidence concerning the content of the broadcast, or 
3. in order to make it possible for a governmental authority to exercise 
supervision over the broadcasting activities. 
Recordings made in accordance with the provisions of the first paragraph, 
items 2 and 3., may be used only for the purposes indicated there. Such 
recordings wihch have a documentary value may, however, be preserved 
in the Archive for Recorded Sound and Moving Images. 
A Government authority which has as its task to supervise advertising in 
sound radio and television broadcasts is entitled to use broadcasts to the 
extent necessary for the purpose. 
Article 26 f. Anyone is entitled to distribute to the public, 
simultaneously and in an unaltered form, by wireless means or by cable 
(retransmission), such works which form part of a wireless sound radio 
or television broadcast, if an extended collective agreement license 
applies under to Article 26 i. 
The provisions of the first paragraph do not apply to works where the 
retransmission rights belong to the sound radio or televisions organization 
which carries out the original emission. 
Special Provisions on Computer Programs 
Article 26 g. Anyone who has acquired the right to use a computer 
program is entitled to make such copies of the program and to make such 
adaptations which are necessary in order for him 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 made on the basis of the provisions of the first 
and second paragraphs may not be used for other purposes and may, 
furthermore, not be used when the right to use 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 in order to ascertain 
the ideas and principles which lie behind the various details of the 
program. This applies provided that the act is performed in connection 
with such loading, display on a screen, processing, transmission- or 
storing of the program that he is entitled to make. IP/NIlISWE/CI 1 
Page 10 Contractual clauses which limit the right of the user under the second 
and the fourth paragraphs are null and void. 
Article 26 h. The reproduction of the code of a computer program or 
translation of its code is permitted if those acts are required in order to 
obtain interoperability between the program and another program, 
provided, however, 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 item 1., 
3. the acts are confined to those parts of the original program which are 
necessary to achieve interoperability. 
The provisions of the first paragraph do not permit that the information 
is 
1. used for goals other than to achieve the intended interoperability, 
2. given to other persons except when necessary for obtaining the 
intended interoperability, 
3. used for the development, production or marketing of a computer 
program substantially similar in its expression to the protected program, 
or 
4. used for other acts which imply an infringement of the copyright. 
Contractual provisions restricting the rights of the user according to this 
paragraph are null and void. 
Common Provisions Concerning Extended Collective Agreement Licenses 
Article 26 i. An extended collective agreement license referred to in 
Articles 13, 26 d and 26 f apply to the use of worY~ in a specific 
manner, when an agreement has been concluded concerning such a use 
with an organization which represents a substantial number of Swedish 
authors in the field concerned. The extended collective agreement license 
gives the user the right to use works of the type 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 used on the basis of Article 13, the agreement 
must have been concluded with someone who pursues educational 
activities in organized forms. 
The author has a right to remuneration when a work is used on the basis 
of Article 26 d. 
When a work is used on the basis of Articles 13 or 26 f, the following 
applies. The conditions concerning the use of the works which follow 
from the agreement apply. As regards remuneration deriving from the 
agreement and as regards other benefits from the organization which are 
essentially paid for out of the remuneration, the author shall be treated 
in the same way as those authors who are members of the organization. IP/NIl/SWE/CI 1 
Page 11 
Without prejudice to what has now been stated such authors have, 
however, always a right to remuneration in respect of the utilization 
provided that they claim such a remuneration within three years from the 
year in which the use took place. Claims for remuneration may be 
directed only towards the organization. 
Only the contracting organizations are entitled to put forward claims for 
remuneration towards the user of a work on the basis of Article 26 f. All 
such claims shall be forwarded at the same time. 
CHAPTER 3 
Transfer of Copyright 
General Provisions on Assignments 
Article 27. Subject to the limitation which follows from Article 3, 
copyright may be transferred entirely 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 30 -40 a §. Those provisions apply, however, 
only in the absence of an agreement to the contrary. 
Article 28. In the absence of an agreement to the contrary, the person 
to whom a copyright has been transferred may not alter the work or 
transfer the copyright to others. If the copyright forms part of a business, 
it may be transferred together with the business or of part thereof; the 
tranferor remains liable for the fulfilment of the agreement. 
Article 29. (Revoked) 
Public Performance Contracts 
Article 30. If the right to peform a work publicly has been transferred, 
the transfer shall be valid for a period of three years and shall not include 
exclusivity. If a longer term than three years has been agreed to and an 
exclusive right has been transferred, the author may nevertheless perform 
the work himself or transfer the right in this respect to others if the right 
has not been exercised for a period of three years. 
This Article does not apply to cinematographic works. 
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 p'rinting or 
a similar process and the right to publish it. IP/N/lISWE/C/1 
Page 12 
The manuscript or other copy from which the work is being reproduced 
shall remain the property of the author. 
Article 32. The publisher shall have 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 an artistic 
work 200 copies. 
An edition shall be 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 to the extent determined by marketing 
conditions and other circumstances. In the case of default, the author may 
rescind the contract and keep the remineration received. If the author has 
suffered a damage which is not covered by the remuneration, such 
damage shall also be compensated. 
Article 34. If the work has not been published within two years or, if it 
is a musical work, four years, from the time when the author has 
delivered the 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 remuneration received. The same applies when the copies 
of the work are exhausted and the publisher has the right to publish a 
new edition and he fails to do so within one year from the time of the 
request by the author to do so. 
Article 35. The publisher shall provide the author with a certification 
from the printer or whoever else reproduces the work concerning the 
number of copies produced. 
If during the fiscal year sales have taken place for which the author is 
entitled to remuneration, the publisher shall render account to him withon 
nine months from the end of the year, stating the number of copies sold 
during the year and the number in stock at the end of the year. At his 
request, the author is also otherwise entitled to obtain a statement of the 
number in stock by the end of the year. 
Article 36. If the production of a new edition is initiated 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. IP/NIlISWE/CI 1 
Page 13 
Article 38. The provisions concerning publishing contracts shall not 
apply to contributions to newspapers or periodicals. Articles 33 and 34 
shall not apply to contributions to other composite works. 
Film Contracts 
Article 39. A transfer of the right to record a literary or artistic work on 
a film shall include the right to make the work available to the public, 
through the film, in cinemas, on television or otherwise and to make 
spoken parts of the film available in textual form or to translate them into 
another language. This provision does not apply to musical works. 
Article 40. If the right to use a literary or musical work for a film 
intended for public showing is transferred, the transferee shall produce 
the film and make it available to the public within a reasonable time. If 
this is not done, the author may rescind the contract and keep the 
remuneration received. If the author has suffered damage which is not 
covered by the remuneration, also such damage shall be compensated. 
If the cinematographic work has not been produced within five years 
from the time when the author fullfilled his obligations, the author may 
. rescind the contract and keep the remuneration received, even if there is 
no fault on the part of the transferee. 
Computer Programs Created in Employment Relations 
Article 40 a. The 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. 
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 property between 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. 
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 property between 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 authorized to 
be made available to the public. IP/NI1 ISWE/CI1 
Page 14 CHAPTER 4. 
Duration of Copyright 
Article 43. Copyright in a work shall subsist until the end of the fiftieth 
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. 
Article 44. In the case of a work which has been made public without 
mention of the author's name or generally known signature, the copyright 
shall subsist until the end of the fiftieth 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 from the year in which 
the last part was made public. 
If, within the above-mentioned term, the author is named in accordance 
with Article 7 or if it is established that he deceased before the work was 
made public, Article 43 shall apply. 
CHAPTER 5. 
Certain Rights Neighboring Copyright 
Perfonning Artists 
Article 45. A performing artist's performance of a literary or artistic 
work may not without his consent 
1. be recorded on a phonographic record, a film or another material 
support from which it can be reproduced, or 
2. be broadcast over sound radio or television or be made available to 
the public by direct communication. 
A performance which has been recorded on a material support as 
mentioned in the first paragraph, item 1, may not without the consent of 
the artist be transferred from one such support to another one or be made 
available to the public until fifty years have elapsed from the year in 
which the first recording took place. 
The provisions of Articles 3, 6 -9, 11 -13, 15, 16, 21, 22, 25 -26 b, 
26 e, 26 f, 27, Article 39, first sentence, 41 and 42 shall apply to 
performances mentioned in this Article. 
When a copy of a recording of a performance' 'under this Article has, 
with the consent of the performer, been transferred within the European 
Economic Area, that copy may be further distributed. 
The provisions of the fourth paragraph do not constitute a right to make 
available to the public 
1. copies of a recording, through rental or similar acts, or 
2. copies of a film or another material support on which moving images have been recorded, through lending. 
Producers of Recordings of Sounds and of Images IP/N/lISWE/C/l 
Page 15 
Article 46. A phonographic record, a film or another material support 
on which sound or moving images have been recorded may not without 
the consent of the producer be reproduced or made available to the public 
until fifty years have elapsed from the year in which the recording was 
made. As a reproduction shall also be considered the transfer of the 
recording from one such support to another one. 
The provisions of Articles 6 -9, 11, second paragraph, 12, 13, 15, 16, 
21, 22, 25 -26 b and 26 e shall apply to recordings mentioned in this 
Article. In addition, Article 26 f shall apply as regards recordings other 
than such mentioned in Article 47. 
When a copy of a recording under this Article has, with the consent of 
the producer, been transferred within the European Economic Area, that 
copy may be further distributed. 
The provisions of the third paragraph do not constitute a right to make 
available to the public 
1. copies of a recording, through rental or similar acts, or 
2. copies of a film or another material support on which moving images 
have been recorded, through lending. 
Use of Sound Recordings for Public Perfonnances 
Article 47. Notwithstanding the provisions of Articles 45, second 
paragraph, and 46, first paragraph, sound recordings may be used in a 
sound radio or television broadcast or in another public performance. In 
such a case the producer and the performers whose performances are 
recorded have a right to remuneration. If two or more performers have 
participated in a performance, their right may only be claimed jointly. As 
against the person who has used the recording the claims of the 
performers and those of the producers shall be put forward at the same 
time. 
The provisions on sound radio or television broadcasts in the first 
paragraph apply also when such a wireless broadcast is redistributed to 
the public, simultaneously and without alteration, by wireless means or 
by cable (retransmission). As against the person who carries out the 
retransmission, the claim for remuneration may be put forward only 
through organizations representing a substantial number of Swedish 
performing artists or producers. The organizations shall put forward their 
claims at the same time as the claims referred to in Article 26 i, fifth 
paragraph. 
The provisions of Articles 8 and 9, 11, second paragraph, 21, 22 and 25 
-26 a shall apply in the cases mentioned in this paragraph. As regards 
the rights of performing artists also the provisons of Articles 27, 28, 41 
and 42 shall apply. IP/NIlISWE/CI 1 
Page 16 
This Article does not apply to sound films. 
Sound Radio and Television Organizations 
Article 48. A sound radio or television broadcast may not without the 
consent of the radio or television organization 
1. be recorded on a material support from which it can be reproduced, 
or 
2. be rebroadcast or made available to the public in places where the 
public has access against an entrance fee. 
A broadcast which has been recorded on a material support as mentioned 
in the first paragraph, item 1. may not without the consent of the 
broadcasting organization be transferred on another such material support 
until fifty years have elapsed from the year in which the broadcast took 
place. Furthermore, the material supports may not without the 
authorization of the organization be made available to the public before 
the same time has elapsed. 
The provisions of Articles 6 -9, 11, second paragraph, 12, 15, 16,21, 
22, 25 -26 b and 26 e shall apply in respect of sound radio and 
television broadcasts referred to in this Article. 
When a copy of a recording under this Article has, with the consent of 
the organization, been transferred within the European Economic Area, 
that copy may be further distributed. 
If a sound radio or television organization has a claim for remuneration 
for such a retransmission as referred to in Article 26 f which has taken 
place with the authorization of the organization, the claim shall be pur 
forward at the same time as the claims referred to in Article 26 i, fifth 
pargraph. 
Producers of Catalogues, etc. 
Article 49. A catalogue, a table or another similar production in which 
a large number of information items have been compiled may not be 
reproduced without the authorization of the producer until ten years have 
elapsed from the year in which the production was published. 
The provisions of Articles 6 -9, 11, second paragraph, 12, first 
paragraph, 13, 16 -18, 26 -26 b and 26 e shall apply also to 
productions referred to in this Article. If a production of this kind, or a 
part thereof, is subject to copyright, also copyright protection· may be 
claimed. 
Ph otogra pbers 
Article 49 a. Anyone who has produced a photographic picture has an 
exclusive right to reproduce the picture and to make it available to the 
public. This right applies regardless of whether the picture is used in its IP/N/1/SWE/C/l 
Page 17 
original form or an altered form and regardless of which technique has 
been used. 
As a photographic picture is considered also a picture which has been 
produced by a process analogous to photography. 
The right under the first paragraph subsists until fifty years have elapsed 
from the year in which the picture was produced. 
The provisions of Articles 2, second and third paragraphs, 3, 7 -9, 11, 
12, first paragraph, 13, 15, 16, 18 to 20, 23, 24, first paragraph, 25 -
26 b, 26 d -26 f, 26 i -28, 31 to 38, 41, 42 and 50 -52 shall apply to 
pictures referred to in this Article. If such a picture is subject to 
copyright, also copyright protection may be claimed. 
CHAPTER 6. 
Special Provisons 
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 performed or reproduced in a 
manner vhich violates cultural interests, a Court may, upon action by an 
authority appointed by the Government, issue an injunction prohibiting 
such use, under penalty of a fine. This provision shall not apply during 
the lifetime of the author. 
Article 52. In connection with the adjudication of a fine, the Court may 
prescribe reasonable measures in order to prevent misuse of copies which 
are the subject of a prohibition under Article 51 and devices which can 
be used only for the production of such copies. Such a measure may 
prescribe that the property shall be destroyed or altered in a specific 
manner. 
The provisions of this Article do not apply in relation to a person who 
has acquired the property, or a right therein, in good faith. 
The property referred to in the first paragraph may be taken into custody 
awaiting the measures mentioned in that Article; the general provisions 
on custody in criminal actions shall apply. 
52 a §. Anyone wanting to carry out a retransmission by wire of works 
forming part of a wireless sound radio or television broadcast and who 
requests an agreement with an organization representing Swedish right­
owners or with a sound radio or television organization carrying out 
emissions within the European Economic Area but is denied such an 
agreement on the terms requested, is, upon request, entitled -to 
negociations with the organization or the sound radio or television 
organization, respectively. IP/N/1/SWE/C/l 
Page 18 
A party which which has a duty to participate in such negociations shall 
personally or through a representative attend a meeting for such 
negociations and, if so is deemed necessary, put forward a reasoned 
proposal for the solution of the question which the negociation concerns. 
The parties may agree on another form for negociations than a meeting. 
Anyone not complying with the provisions of the second paragraph shall 
pay a compensation for the damage incurred. In the considerations 
concerning if and to what extent a damage has been caused to someone, 
also his interest in that the provision is applied and to circumstances 
other than such of a purely economic character shall be taken into 
account. 
CHAPTER 7. 
Penal and Civil Liability. 
Article 53. Anyone who, in relation to a literary or artistic work, 
commits an act which infringes the copyright enjoyed in the work under 
the provisions of Chapters 1 and 2 or which violates directions given 
under Article 41, second paragraph, or Article 50, shall be punished by 
fines or imprisonment for not more than two years, if the act is 
committed wilfully or with gross negligence. 
Anyone who for his private use reproduces a computer program which 
is published or of which a copy has been transferred with the 
authorization of the author shall not be liable for criminal sanctions, if 
the master copy is not used in commercial or public activities and he does 
not use the copies produced of the computer program for use other than 
his private one. 
The provisions of the first paragraph apply also if a person imports into 
Sweden copies of a work for distribution to the public, if such copies 
have been produced abroad under such circumstances that a similar 
production here whould have been punishable under that paragraph. 
Anyone who has violated an injunction issued under penalty of a fine 
under Article 53 a, may not be adjudicated to criminal liability for the 
infringement covered by the injunction. 
Attempts to commit acts mentioned in the first or third paragraphs as well 
as the planning of such acts shall be punishable according the provisions 
of Chapter 23 of the Criminal Code. 
Article 53 a. At the request of the author or his successor in title or of 
a person who, on the basis of a license, has the right to use the work, the 
Court may issue an injunction prohibiting, under penalty of a fine, a 
person who commits an act implying an infringement of, or a violation 
referred to, in Article 53 to continue that act. 
In the plaintiff shows a probable cause that an act implying an IP/NI 1 ISWE/CI 1 
. f' . I . & ed . A . I 53 takPage 1}9 d . f In nngement or a VIO atIon as relerr to In rtIC e es p ace an 1 
it can reasonably be expected that the defendant, through the continuation 
of the act, diminishes the value that the copyright confers, the Court may 
issue an injunction for the time until the case has been finally adjudicated 
or otherwise is decided. No injunction may be issued before the 
defendant has been given an opportunity to respond, unless a dealy would 
entail a risk for damage. 
An injunction as mentioned in the second paragraph may be issued only 
if the plaintiff deposits a security with the Court for the damage which 
may be caused to the defendant. If the plaintiff is not capable of 
depositing such a security, the Court may liberate him from making such 
a deposit. As regards the type of security, the provisions of Chapter 2, 
Article 25, of the Enforcement Code shall apply. The security shall be 
examined by the Court unless the defendant has accepted it. 
When the case is adjudicated, the Court shall decide whether a 
prohibition issued under the second paragraph shall continue to apply. 
The provisions on appeal against decisions in Chapter 15 of the Code of 
Judicial Procedure shall apply as regards appeals against decisions under 
the second and third paragraphs and as regards the proceedings in higher 
Courts. 
A request for the imposition of a fine may be made by the person who 
has requested the injunction. In connection with such an imposition, a 
request may be made for a new injunction to be issued under penalty of 
a fine. 
As regards the contents of wireless broadcasts and broadcasts by wire, 
the provisions of the Radio Act (1966:755) apply. 
Article 54. Anyone who exploits a work in violation of this Act or of 
directions given under Article 41, second paragraph, shall pay such a 
compensation to the author or copyright owner as will constitute a 
reasonable remuneration for the exploitation. 
In the case of an exploitation carried out wilfully or with gross 
negligence, a compensation shall be paid also for losses other than lost 
remuneration as well as for mental suffering and for other injury. 
Anyone who otherwise wilfully or negligently commits an act involving 
an infringement or a violation according to Article 53, shall pay to the 
author or his successor in title a compensation for losses, mental 
suffering or other injury caused by the act. 
Article 55. Anyone who commits an act involving an infringement or a 
violation under Article 53 shall, if so is considered reasonable, surrender 
to the author or his successor in title, for a compensation, the property 
involved in the infringement or the violation. The same shall apply to 
type matter, printing blocks, moulds or other similar devices which can 
be used only for the production of property of the kind now mentioned. IP/N/lISWE/C/1 
Page 20 
Instead of issuing an order for surrender as prescribed in the first 
paragraph, the Court may, at the request of the author or his successor 
in title, in accordance with what is considered reasonable, order that such 
property shall be destroyed or altered in specific ways or that other 
measures shall be taken to prevent unauthorized use. Such a request may 
be made also by a public prosecutor, if so is considered desirable from 
the point of view of public interest. Orders as mentioned in this 
paragraph shall not be issued if surrender or measures for the prevention 
of unauthorized use are to be decided under the Criminal Code. 
The provisions of the first and the third paragraphs shall not apply in 
respect of persons who have in good faith acquired the property or a 
right in it, nor in cases involving the construction of a work of 
architecture. 
If property other than such mentioned in the first paragraph has been 
used for such manufacturing of copies of works which is a criminal 
violation under this Act, the property or its value may be ordered to be 
surrendered if such a measure is considered necessary to prevent criminal 
violations or there are otherwise special reasons for such an order. This 
shall apply also in relation to property which has been used in connection 
with attempts to commit violations as mentioned here or which form part 
of the planning of such violations. 
Article 56. Notwithstanding the provisions of Article 55, the Court may, 
if it so considers reasonable in view of the artistic or economic value of 
the copies of a work or of other circumstances, upon a request to that 
effect, decide that the copies, against the payment of a specific 
remuneration to the author or his successor in title, be made available 
to the public or otherwise used for their intended purpose. 
Article 57. The provisions of Articles 53 to 56 shall apply also to the 
rights which are protected under provisions in Chapter 5. 
Article 57 a. Anyone who, in cases other than those referred to in 
Article 53, sells, leases or offers for sale or possesses for sale, lease or 
other commercial purposes a device intended solely for facilitating 
unauthorized removal or circumvention of a device placed in order to 
protect a computer program against unauthorized reproduction, shall be 
punished by fines or imprisonment for not more than six months. 
Article 58. The District Court of Stockholm shall have jurisdiction in 
cases involving sound radio or television broadcasts in violation of this 
Act. The same shall apply in cases involving claims for remuneration 
under Articles 18,26 a, first paragraph, 26 i, third paragraph, or 47, and 
in cases where a corresponding remuneration is claimed on the basis of 
a reference in Articles 45, 46, 48, 49 or 49 a, and in cases concerning 
remuneration for retransmissions under Article 26 f. 
Article 59. A criminal action for violation of this Act may be instituted 
by a public prosecutor only if there is a complaint from the injured party or if such an action is called for in the public interest. IP/NIlISWE/CI 1 
Page 21 
An action relating to a violation of the provisions in Article 3 or of 
directions given under Article 41, second paragraph, may be instituted by 
the surviving spouse of the author, by his heirs in the ascending or 
descending line or by his brothers or sisters. 
If there are reasons to believe that a criminal violation under this Act has 
occurred, the property mentioned in Article 55 may be taken into 
custody; the general rules governing custody in criminal cases shall 
apply. 
CHAPTER 8. 
Applicability of the Act 
Article 60. The provisions of this Act concerning copyright apply to: 
1. works of Swedish citizens or persons who have their habitual 
residence in Sweden, 
2. works first published in Sweden or simultaneously in Sweden and 
abroad, 
3. cinematographic works the producer of which has his headquarters or 
habitual residence in Sweden, 
4. works of architecture constructed here, 
5. works of fine arts incorporated in a building here or in some other 
way permanently fixed to the ground. 
For the purposes of the application of the first paragraph, item 2, a 
simultaneous publication shall be considered to have taken place if the 
work has been published in Sweden within thirty days from its 
publication abroad. For the purposes of the application of the first 
paragraph, item 3, the person whose name appears on a cinematographic 
work shall, in the absence of a proof to the contrary, be deemed to be 
the producer of the said work. 
The provisions of Articles 50 and 51 shall apply to all literary or artistic 
works regardless of their origin. 
Article 61. The provisions of Articles 45, 47 and 48 apply to 
performances, sound recordings and sound radio and television broadcasts 
which take place in Sweden. In addition, the provisions of Article 45 
apply to performances of persons who are Swedish citizens or who have 
their habitual residence in Sweden, the provisions of Article 47 to sound 
recordings the producer of which is a Swedish citizen or a Swedish legal 
entity or a person having his habitual residence here, and the provisions 
in Article 48 to broadcasts by sound radio and television organizations 
which have their headquarters in this country. The provisions of Article 
46 apply to sound recordings and to recordings of moving images -the 
producer of which is a Swedish citizen or a Swedish legal entity or has 
his habitual residence in Sweden as well as to such recordings of moving IP/N/l/SWE/C/l 
Page 22 images which take place in Sweden. The provIsIon of Article 46 
concerning reproduction applies, however, to all sound recordings. 
The provisions of Article 49 apply to productions the producer of which 
is a Swedish citizen or a Swedish legal entity or who has his habitual 
residence in Sweden as well as to productions which have been first 
published in Sweden. 
Of the provisions in Article 49 a, the reference to Articles 50 and 51 
appl y to all photographic pictures and the other provisions to 
photographic pictures, 
1. the producer of which is a Swedish citizen or has his habitual 
residence in Sweden, 
2. which have been first published in Sweden or simultaneously in 
Sweden and abroad, 
3. which have been incorporated in ~ building or another construction 
which is permanently fixed to the ground, if the building or the 
construction is situated in Sweden. 
For the purposes of the application of the third paragraph, item 2, the 
publication shall be considered to have taken place simultaneously if the 
work has been published in Sweden within thirty days from its 
publication abroad. 
61 a §. When a work or another subject matter protected under this Act 
is communicated to the public via satellite, the act which is relevant from 
the point of view of copyright and neighboring rights shall be deemed to 
take place in the country where, the broadcasting organization, under its 
control and its responsibility, introduces the subject matter into an 
uninterrupted chain of communication to the satellite and from there 
down towards the earth. 
What has been said now does not apply if the introduction has taken 
place in a country which is not part of the European Economic Area and 
which does not apply the level of protection provided for in Chapter 2 of 
the Directive of the European Communities No 93/83/EEG of September 
27, 1993. 
If, in cases referred to in the second paragraph, the transmission to the 
satellite takes place in a country member of the European Economic 
Area, the act which is relevant from the point of view of copyright and 
neighboring rights shall be deemed to take place in the country from 
where the transmission takes place. If the transmission to the satellite 
does not take place in a country member of the European Economic Area 
but the sound radio or television organization which has decided the 
transmission has its headquarters in a country member of that Area, the 
act relevant from the point of view of copyright and neighboring rights 
shall be deemed to take place in that country. 
Article 62. On condition of reciprocity, the Government may provide 
for the application of this Act in relation to other countries. The 
Government may also provide for the application of the Act to works and IP/NIlISWE/CI 1 
Page 23 photographic pictures first published by an intergovernmental 
organization and to unpublished works and photographic pictures which 
such an organization may publish. 
CHAPTER 9. 
Provisions Governing the Entry Into Force and Transitional 
Provisions. 
Article 63. This Act enters into force on July 1, 1961. 
(Other provisions on the entry into force of this Act and of subsequent 
amendments to the Act are not included). IP 1Nl 1/SWE/C/1 
Page 24 Act 
Amending the Act (1960:729) on Copyright in Literary and Artistic 
Works 
(Swedish Statute Book 1995:447, of May 11, 1995). 
In accordance with the decision by the Parliament it is, as regards the 
Act (1960:729) on Copyright in Literary and Artistic Works, prescribed 
that Articles 19, 26 d, 26 f, 45 -48, 49 a, 57 and 61 shall read as 
follows, 
that immediately before Articles 45, 46, 47, 48 and 49 a §§ new 
headlines shall be inserted, reading as follows, 
that two new Articles, 52 a and 61 a, shall be inserted into the Act, 
reading as follows, and 
that a new headline shall be inserted, immediately before Article 49, 
reading "Producers of Catalogues, etc." 
Article 19. When a copy of a literary or musical work or a work of fme 
arts has been transferred with the consent of the author, that copy may 
be further distributed. However, as regards copies of computer programs 
the further distribution is, instead, allowed after the copy has, with the 
consent of the author, been transferred within the European Economic 
Area. 
The provisions in the fIrst paragraph do not constitute a right to make 
available to the public 
1. copies of works, with the exception of buildings and works of applied 
art, through rental or similar acts, or 
2. copies of computer programs in machine-readable form, through 
lending. 
Article 26 d. Sound radio and television organizations as specilled in 
particular cases by the Government are entitled to broadcast such 
published literary and musical works and works of fine arts which have 
been made available to the public, provided that an extended collective 
agreement license applies under Article 26 i. 
The provisions in the first paragraph do not apply to dramatic works, nor 
to other works if the author has prohibited such broadcasting or there are 
special reasons to assume that he would oppose the broadcast. The 
provisions in the first paragraph do not apply to retransmissions referred 
to in Article 26 f. 
As regards transmissions via satellite the extended collective agreement 
license applies only if the emitting organization simultaneously carries 
out an emission through a terrestrial transmitter. 
Article 26 f. Anyone is entitled to distribute to the public, 
simultaneously and in an unaltered form, by wireless means or by cable 
(retransmission), such works which form part of a wireless sound radio 
or television broadcast, if an extended collective agreement license 
applies under to Article 26 i. IP/NIl/SWE/CI 1 
Page 25 
The provisions of the first paragraph do not apply to works where the 
retransmission rights belong to the sound radio or televisions organization 
which carries out the original emission. 
Performing Artists 
Article 45. A performing artist's performance of a literary or artistic 
work may not without his consent 
1. be recorded on a phonographic record, a film or another material 
support from which it can be reproduced, or 
2. be broadcast over sound radio or television or be made available to 
the public by direct communication. 
A performance which has been recorded on a material support as 
mentioned in the first paragraph, item 1, may not without the consent of 
the artist be transferred from one such support to another one or be made 
available to the public until ftfty years have elapsed from the year in 
which the fIrst recording took place. 
The provisions of Articles 3, 6 -9, 11 -13, 15, 16, 21, 22, 25 -26 b, 
26 e, 26 f, 27, Article 39, fIrst sentence, 41 and 42 shall apply to 
performances mentioned in this Article. 
When a copy of a recording of a performance under this Article has, 
with the consent of the performer, been transferred within the European 
Economic Area, that copy may be further distributed. 
The provisions of the fourth paragraph do not constitute a right to make 
available to the public 
1. copies of a recording, through rental or similar acts, or 
2. copies of a film or another material support on which moving images 
have been recorded, through lending. 
Producers of Recordings of Sounds and of Images 
Article 46. A phonographic record, a film or another material support 
on which sound or moving images have been recorded may not without 
the consent of the producer be reproduced or made available to the public 
until fifty years have elapsed from the year in which the recording was 
made. As a reproduction shall also be considered the transfer of the 
recording from one such support to another one. 
The provisions of Articles 6 -9, 11, second paragraph, 12, 13, 15, 16, 
21, 22, 25 -26 band 26 e shall apply to recordings mentioned in this 
Article. In addition, Article 26 f shall apply as regards recordings other 
than such mentioned in Article 47. 
When a copy of a recording under this Article has, with the consent of 
the producer, been transferred within the European Economic Area, that 
copy may be further distributed. 
The provisions of the third paragraph do not constitute a right to make 
available to the public 
1. copies of a recording, through rental or similar acts, or IP/N/lISWE/CIl 
Page 26 
2. copies of a film or another material support on which moving images 
have been recorded, through lending. 
Use of Sound Recordings for Public Performances 
Article 47. Notwithstanding the provisions of Articles 45, second 
paragraph, and 46, first paragraph, sound recordings may be used in a 
sound radio or television broadcast or in another public performance. In 
such a case the producer and the performers whose performances are 
recorded have a right to remuneration. If two or more performers have 
participated in a performance, their right may only be claimed jointly. As 
against the person who has used the recording the claims of the 
performers and those of the producers shall be put forward at the same 
time. 
The provisions on sound radio or television broadcasts in the first 
paragraph apply also when such a wireless broadcast is redistributed to 
the public, simultaneously and without alteration, by wireless means or 
by cable (retransmission). As against the person who carries out the 
retransmission, the claim for remuneration may be put forward only 
through organizations representing a substantial number of Swedish 
perfonning artists or producers. The organizations shall put forward their 
claims at the same time as the claims referred to in Article 26 i, f"rfth 
paragraph. 
The provisions of Articles 8 and 9, 11, second paragraph, 21,22 and 25 
-26 a shall apply in the cases mentioned in this paragraph. As regards 
the rights of performing artists also the provisons of Articles 27, 28, 41 
and 42 shall apply. 
This Article does not apply to sound films. 
Sound Radio and Television Organizations 
Article 48. A sound radio or television broadcast may not without the 
consent of the radio or television organization 
1. be recorded on a material support from which it can be reproduced, 
or 
2. be rebroadcast or made available to the public in places where the 
public has access against an entrance fee. 
A broadcast which has been recorded on a material support as mentioned 
in the first paragraph, item 1. may not without the consent of the 
broadcasting organization be transferred on another such material support 
until fifty years have elapsed from the year in which the broadcast took 
place. Furthennore, the material supports may not without the 
authorization of the organization be made available to the public before 
the same time has elapsed. 
The provisions of Articles 6 -9,11, second paragraph, 12,15,16,21, 
22, 25 -26 band 26 e shall apply in respect of sound radio and 
television broadcasts referred to in this Article. 
When a copy of a recording under this Article has, with the consent of IP/N/1/SWE/C/l 
Page 27 
the organization, been transferred within the European Economic Area, 
that copy may be further distributed. 
If a sound radio or television organization has a claim for remuneration 
for such a retransmission as referred to in Article 26 f which has taken 
place with the authorization of the organization, the claim shall be pur 
forward at the same time as the claims referred to in Article 26 i, fIfth 
pargraph. 
Photogra phers 
Article 49 a. Anyone who has produced a photographic picture has an 
exclusive right to reproduce the picture and to make it available to the 
public. This right applies regardless of whether the picture is used in its 
original fonn or an altered fonn and regardless of which technique has 
been used. 
As a photographic picture is considered also a picture which has been 
produced by a process analogous to photography. 
The right under the fIrst paragraph subsists until fIfty years have elapsed 
from the year in which the picture was produced. 
The provisions of Articles 2, second and third paragraphs, 3, 7 -9, 11, 
12, fIrst paragraph, 13, 15, 16, 18 to 20, 23, 24, frrst paragraph, 25 -
26 b, 26 d -26 f, 26 i -28, 31 to 38, 41, 42 and 50 -52 shall apply to 
pictures referred to in this Article. If such a picture is subject to 
copyright, also copyright protection may be claimed. 
52 a §. Anyone wanting to carry out a retransmission by wire of works 
fonning part of a wireless sound radio or television broadcast and who 
requests an agreement with an organization representing Swedish right­
owners or with a sound radio or television organization carrying out 
emissions within the European Economic Area but is denied such an 
agreement on the tenns requested, is, upon request, entitled to 
negociations with the organization or the sound radio or television 
organization, respecti vel y . 
A party which which has a duty to participate in such negociations shall 
personally or through a representative attend a meeting for such 
negociations and, if so is deemed necessary, put forward a reasoned 
proposal for the solution of the question which the negociation concerns. 
The parties may agree on another form for negociations than a meeting. 
Anyone not complying with the provisions of the second paragraph shall 
pay a compensation for the damage incurred. In the considerations 
concerning if and to what extent a damage has been caused to someone, 
also his interest in that the provision is applied and to circumstances 
other than such of a purely economic character shall be taken into 
account. 
Article 57. The provisions of Articles 53 to 56 shall apply also to the 
rights which are protected under provisions in Chapter 5. IP/NIlISWE/C/l 
Page 28 
Article 61. The provisions of Articles 45, 47 and 48 apply to 
perfonnances, sound recordings and sound radio and television 
broadcasts which take place in Sweden. In addition, the provisions of 
Article 45 apply to perfonnances of persons who are Swedish citizens or 
who have their habitual residence in Sweden, the provisions of Article 
47 to sound recordings the producer of which is a Swedish citizen or a 
Swedish legal entity or a person having his habitual residence here, and 
the provisions in Article 48 to broadcasts by sound radio and television 
organizations which have their headquarters in this country. The 
provisions of Article 46 apply to sound recordings and to recordings of 
moving images the producer of which is a Swedish citizen or a Swedish 
legal entity or has his habitual residence in Sweden as well as to such 
recordings of moving images which take place in Sweden. The provision 
of Article 46 concerning reproduction applies, however, to all sound 
recordings. 
The provisions of Article 49 apply to productions the producer of which 
is a Swedish citizen or a Swedish legal entity or who has his habitual 
residence in Sweden as well as to productions which have been fIrst 
published in Sweden. 
Of the provisions in Article 49 a, the reference to Articles 50 and 51 
apply to all photographic pictures and the other provisions to 
photographic pictures, 
1. the producer of which is a Swedish citizen or has his habitual 
residence in Sweden, 
2. which have been first published in Sweden or simultaneously in 
Sweden and abroad, 
3. which have been incorporated in a building or another construction 
which is pennanently fixed to the ground, if the building or the 
construction is situated in Sweden. 
For the purposes of the application of the third paragraph, item 2, the 
publication shall be considered to have taken place simultaneously if the 
work has been published in Sweden within thirty days from its 
publication abroad. 
61 a §. When a work or another subject matter protected under this Act 
is communicated to the public via satellite, the act which is relevant from 
the point of view of copyright and neighboring rights shall be deemed to 
take place in the country where, the broadcasting organization, under its 
control and its responsibility, introduces the subject matter into an 
uninterrupted chain of communication to the satellite and from there 
down towards the earth. 
What has been said now does not apply if the introduction has taken 
place in a country which is not part of the European Economic Area and 
which does not apply the level of protection provided for in Chapter 2 
of the Directive of the European Communities No 93/83/EEG of 
September 27, 1993. 
If, in cases referred to in the second paragraph, the transmission to the 
satellite takes place in a country member of the European Economic 
Area, the act which is relevant from the point of view of copyright and IP/N/lISWE/C/l 
Page 29 
neighboring rights shall be deemed to take place in the country from 
where the transmission takes place. If the transmission to the satellite 
does not take place in a country member of the European Economic Area 
but the sound radio or television organization which has decided the 
transmission has its headquarters in a country member of that Area, the 
act relevant from the point of view of copyright and neighboring rights 
shall be deemed to take place in that country. 
1. This Act enters into force on June 1, 1995 
2. The provisions of Article 26 d, third paragraph and Article 61 a shall, 
as regards contracts which have been concluded before the entry into 
force, not apply until January 1, 2000. 
3. The provisions of Article 45, third paragraph in so far as it concerns 
the reference to Article 39, fIrst sentence, shall not apply to fIlm 
contracts concluded before the entry into force. The perfonning artist 
shall, however, as regards such contracts, be deemed to have transferred, 
through the contract, the right to make, through the fIlm, the 
perfonnance available for the public. 
4. With the exceptions provided for in items 5. and 6. the new provisions 
shall apply also to works and other subject matters which have come into 
being before the entry into force. 
5. The new provisions shall not apply as regards acts undertaken or 
rights acquired before the entry into force. The provisions of Article 19, 
second paragraph, and Articles 45 and 46 as far as the reference to 
Article 19, second paragraph, shall, however, always apply as from the 
time of the entry into force. 
6. As regards performances, sound recordings and broadcasts for which 
the period of protection under the provisions previously in force expired 
before July 1, 1986, items 4. and 5. of the provisions on the entry into 
force and transitional provisions to the Act (1986:367) Amending the Act 
(1960:729) on Copyright in Literary and Artistic Works apply. IP/NI1/SWE/CI 1 
Page 30 THE MINISTRY OF JUSTICE 
Stockholm 
ACT 
AMENDING THE ACT (1960:729) ON COPYRIGHT IN 
LITERARY AND ARTISTIC WORKS 
(Swedish Statute Book 1995:1273, of December 7, 1995). 
In accordance with the decision by the Parliament it is, as regards the Act 
(1960:729) on Copyright in Literary and Artistic Wor!~s, prescribed 
that Articles 43 -46, 60 and 62 shall read as follows, 
that a new Chapter, Chapter 2 a, shall be inserted, rp..ading as follows, 
and 
that a new Article, Article 44 a, shall be inserted, reading as follows. 
Chapter 2 a. Remuneration in Connnection with Resale of Copies of 
Works of Fine Art. 
Article 26 j. When a copy of a work of fine arts, which has been been 
transferred, is resold in the course of the duration of the copyright by a 
trader in the exercise of his business activity, the author has a right to 
remuneration from the seller. The author has a right to remuneration also 
in other cases, where the sale is brought about by a trader in the exercise 
of his business activity. In such a case the remuneration shall be paid by 
the trader. The remuneration shall be five per tent of the sales price with 
the exclusion of the value added tax. 
The author has, however, no right to remuneration 
1. where the resale price, with the esclusion of the val~e added tax, does 
not exceed one twentieth of the basic amount under the Act (1962:381) 
on General Insurance, 
2. where the copy of the work of fine art is a copy of a work of 
architecture, or 
3. where the copy of the work of fine arts is a work of applied art which 
has been produced in a number of identical copies. 
The right to remuneration is personal and can not be transferred. 
However, notwithstanding the provisions of Chapter 10, Article 3, 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. 
Only an organization representing a substantial number of Swedish 
authors in the field concerned is entitled to claim the remuneration. The 
organization shall claim the remuneration in respect of, and pay the 
amount to, the person entitled to it after deduction of a reasonable 
compensation to the organization for its administrative costs. If the 
organization does not claim the remuneration from the person liable for 
the payment within three years from the expiry of the calendar year when 
the sale tok place, th~ claim is prescribed. 
The person who is liable for the remuneration shall, at the request of the 
organization, provide details of the sales for which remuneration is due IP/N/lISWE/C/1 
Page 31 
and which have taken place during the preceding three years. 
Article 43. Copyright in a work shall subsist until the end 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. However, copyright in a cinematographic 
work subsists, instead, to the end of the seventieth year after 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. 
Article 44. In the case of a work which has been made public without 
mention of the author's name or generally known signature, the copyright 
shall subsist until the end 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 shall apply. 
For works which have not been made public and whose author is not 
known, the copyright subsists until the end of the seventieth year after 
the year in which the work was created. 
Article 44 a. Where 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 such a right 
in the work which corresponds to the economic rights of the copyright. 
The right subsists until the end of the twenty-fifth year after the year in 
which the work was published or made public. 
Article 45. A performing artist's performance of a literary or artistic 
work may not without his authorization 
1. be recorded on a phonographic record, a film or another material 
support from which it can be reproduced, or 
2. be broadcast over sound radio or television or be made available to the 
public by direct communication. 
A performance which has been recorded on a material support as 
mentioned in the first paragraph, item 1. may not without the 
authorization of the artist be transferred from one such support to another 
one, or be made available to the public, until fifty years have elapsed 
from the year in which the performance took place or, where the 
recording was published or made public within fifty years from the 
performance, after the year when the recording was first published or 
made public. 
The provisions of Articles 3, 6 -9, 11 -13, 15, 16,21, 22, 25 -26 b, 
26 e, 26 f, 27 and 28, 39, first sentence, 41 and 42 shall apply to 
performances mentioned in this Article. 
When a copy of an recording under this Article has, with the 
authorization of the performer, been transferred within the European 
Economic Area, the copy may be distributed further IP/NIl/SWE/CI 1 
Page 32 
The provisions of the fourth paragraph do not confer a right to make 
available to the public 
1. copies of recordings, 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. 
Article 46. A phonographic record, a film or another material support on 
which sounds or moving images have been recorded may not without the 
authorization of the producer be reproduced or made available to the 
public until fifty years have elapsed from the year in which the recording 
was made, or, if the recording was published or made public within fifty 
years from the recording, after the year in which the recording was first 
published or made pUblic. As a reproduction shall also be considered the 
transfer of the recording from one such support to another one. 
The provisions of Articles 6 -9, 11, second paragraph, 12, 13, 15 and 
16, 21, 22, 25 -26 b and 26 e shall apply to recordings mentioned in 
this Article. In addition, Article 26 f shall apply as regards recordings 
other than such mentioned in Article 47. 
When a copy of an recording under this Article has, with the consent of 
the producer, been transferred within the European Economic Area, the 
copy may be distributed further 
The provisions of the third paragraph do not confer a right to make 
available to the public 
1. copies of recordings, 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. 
Article 60. The provisions of this Act concerning copyright apply to: 
1. works of Swedish citizens or persons who have their habitual 
residence in Sweden, 
2. works first published in Sweden or simultaneously in Sweden and 
abroad, 
3. cinematographic works the producer of which has his headquarters or 
habitual residence in Sweden, 
4. works of architecture constructed here, 
5. works of fine arts incorporated in a building here or in some other 
way permanently fixed to the ground. 
For the purposes of the application of the first paragraph, item 2, a 
simultaneous publication shall be considered to have taken place if the 
work has been published in Sweden within thirty days from its 
publication abroad. For the purposes of the application of the first 
paragraph, item 3, the person whose name appears on a cinematographic 
work shall, in the absence of a proof to the contrary, be deemed to be 
the producer of the said work. 
The provisions of Article 26 j apply to works of persons who are 
Swedish citizens or who have their habitual residence in Sweden. 
The provisions of Article 44 a apply to acts of publication or of making IP/N/lISWE/C/l 
Page 33 
public by persons who are Swedish citizens or who have their habitual 
residence in Sweden. The provisions apply also to acts of publication or 
of making public by legal entities having their headquarters in Sweden. 
The provisions of Articles 50 and 51 apply to all literary or artistic works 
regardless of their origin. 
Article 62. On condition of reciprocity, or where this follows from such 
an agreement with a foreign State or with an intergovernmental 
organization which has been approved by the Parliament, the Government 
may provide for the application of this Act in relation to other countries. 
The Government may also provide for the application of the Act to works 
and photographic pictures first published by an intergovernmental 
organization and to unpublished works and photographic pictures which 
such an organization may publish. 
1. This Act enters into force on January 1, 1996. 
2. The new provisions apply also to works which have come into being 
before the entry into force. 
3. The new provisions do not apply as regards acts undertaken or rights 
acquired before the entry into force. Copies of a work which have been 
produced on the basis of the provisions previously in force may be freely 
distributed and displayed. The provisions of Article 19, second 
paragraph, and Article 26 j shall, however, apply. 
4. Where someone after the expiry of the term of protection under the 
provisions previously in force but before the entry into force has 
commenced the exploitation of a work by reproducing it or by making it 
available to the public, he may, notwithstanding the new provisions on 
the duration of copyright, continue, to the extent necessary and 
customary, the planned exploitation, however, not later than until January 
1, 2000. Such a right of exploitation is also available to any person who 
has taken substantial measures for reproducing the work, or for making 
it available to the public. Copies of a work which have been made by 
virtue of these provisions may be freely distributed and displayed. The 
provisions of Article 19, second paragraph, and Article 26 j shall, 
however, apply. 
5. Where the term of copyright protection for a certain work under the 
new provisions is shorter than what it would have been through the 
application of the previous provisions, the previous provisions on the 
term of protection apply. The provisions of Article 44, third paragraph, 
apply, however, always after the entry into force. 
6. The provisions of items 2 to 5. apply also to performances and 
recordings referred to in Articles 45 and 46. IP/N/l/SWE/C/l 
Page 34 
THE l\flNISTRY OF JUSTICE 
Stocholm 
ACT 
AMENDING THE ACT (1995:447) AMENDING THE ACT 
(1960:729) ON COPYRIGHT IN LITERARY AND ARTISTIC WORKS. 
(Swedish Statute Book 1995: 1274, of December 7, 1995). 
In accordance with the decision by the Parliament it is hereby prescribed 
that, in respect of the Act (1995:447) Amending the Act (1960:729) on 
Copyright in Literary and Artistic Works, item 6 of the transitional 
provisions shall no longer apply as regards performances and sound 
recordings. 
This Act enters into force on January 1, 1996 COPYRIGHT REGULATION IP/NIlISWE/CI 1 
Page 35 
(No 1212, of November 25, 1993, which entered into force on January 
1, 1994. Articles 1 and 2 were amended by Regulation, No 194, of April 
14, 1994, which entered into force on July 1, 1994). 
The Government prescribes the following. 
Article 1. This Regulation contains provisions for the implementation of 
the Act (1960:729) on Copyright in Literary and Artistic Works (the 
Copyright Act). 
Reproduction within Certain Archives and Libraries 
Article 2. Reproduction for complementary purposes under Article 16, 
first paragraph, item 1, of the Copyright Act may take place when 
1. a copy of a work is incomplete; if a work has been published in 
parts, however, only in case the missing part can not be acquired on the 
market, or 
2. copies of a work can not be acqui red on the market and the 
reproduction takes place at an archive or in a library which is entitled to 
receive statutory deposit copies of the actual type of products. 
The first paragraph also applies protected subject matter mentioned in 
Articles 45, 46 and 48 to 49 a of the Copyright Act. 
Production of Talking Books 
Article 3. When sound recordings of literary works (talking books) are 
produced on the basis of Article 17, second paragraph, of the Copyright 
Act, 
1. the author shall be notified if this can be done without inconvenience 
2. the talking books shall be provided with information about the title of 
the work, the year of the production, the producer and the information 
prescribed in Article 11 of the Copyright Act, and 
3. the producer shall establish a register of the talking books produced. 
Production of recordings for sound radio and television broadcasts 
Article 4. When a radio or television organization makes a recording on 
the basis of Article 26 e, item 1. of the Copyright Act or a provision 
which refers to that provision, the recording 
1. shall be made by means of the organizations's own facilities, 
2. may be used only for the organization's own broadcasts a few times 
during a limited period, after which the recording shall be erased if not 
otherwise follows from item 3. 
3. may be transferred to a new material support, in which case the 
original recording shall be erased, and 
4. may be used for the preparation of a special copy of the recording IP/N/lISWE/C/l 
Page 36 
which may then be used for a broadcast; after the broadcast the recording 
on the special copy shall be erased. 
Action for Prohibition of Reproduction or Performances violating 
Cultural Interests 
Article 5. The Swedish Academy, the Musical Academy and the 
Academy for Fine Arts, each one within its area, are entitled to institute 
an action under Article 51 of the Copyright Act. 