Sweden

Sun, 27/12/2009 - 13:04 — Klang

Legal background

Copyright legislation	Lag (1960:729) om upphovsrätt till litterära och konstnärliga verk ("URL") From https://lagen.nu/1960:729
Other relevant laws
Copyright treaties	Berne Convention	Rome Convention	Berne Appendix	TRIPS	WCT	WPPT
Other relevant treaties

Scope and duration of copyright

Is the period of protection of each type of copyright work limited to the minimum duration mandated by the Berne Convention?	NO Since Sweden is a Member State of the European Union and has implemented the "Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights" the period of protection is longer.	43§ URL
Must a work be fixed in some material form before copyright attaches?	NO The requirement for copyright protection is publication and speeches are therefore covered. However most cases involve works fixed in some medium.	1§ URL
Is the exercise of copyright subject to competition law, for example by compulsory licensing or regulation of royalties in the case of copyright holders who misuse their monopoly power?	LIMITED As in many countries this question is not entirely resolved. Competition laws preventing abuse of dominating market positions are applicable. However there is no general prohibition against compulsory licensing systems.
Is the exercise of copyright subject to compliance with a bill of rights or similar human rights instrument, for example by preventing copyright from being used to stifle protected speech?	YES Sweden's Constitution guarantees freedom of press & speech. Sweden is also a signatory to the Convention for the Protection of Human Rights and Fundamental Freedoms..
Does the compilation of a database of non-original material fall outside the scope of copyright?	NO Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases	49§ URL
Do exceptions and limitations in national copyright law prevail over contracts purporting to limit or override them?	YES Moral rights may not be licensed.	3§ URL

Freedoms to access and use

By Home Users	Is there a general exception for the fair use of copyright material for any purpose that satisfies a set of balancing criteria?	YES Besides the right to quote and make parodies the law allows a limited "private" use without requiring permission or payment.	12§ URL
	Is time, space and format shifting allowed (such as ripping music from CD to an MP3 player)?	YES Time, space and format shifting is largely covered by the "private" use.	12§ URL
	Can consumers reproduce copyright material for their own use in the original format, for example for backup purposes?	YES Consumers may reproduce copyright material for "private" use.	12§ URL
	Can works be communicated to a limited public (for example, family and friends) without infringing copyright?	YES Communication to a limited group is allowed.	12§ URL
	Does a collective licensing scheme permit the copying or sharing of copyright material by consumers in exchange for a media or equipment levy?	YES The levy is collected on "material supports on which sounds or moving images may be recorded and which are especially suitable for the making of copies of works for private purposes".	26§, subsections k-m
For Education	Is reproduction permitted for the purposes of research or study?	LIMITED The student may reproduce works under the private use exception in 12§URL. The school/university may only do so when collective licenses apply (or with permission). The amount of reproduction is limited.	12§ URL
	Does any such research and study provision cover distance and online education?	NO The distance and online education platforms owned by schools or universities can only reproduce with permission (or licensing).	12§ URL
	May translations of works be made for educational purposes?	NO
	May works be reproduced and published by educational institutions in connection with systematic instructional activities?	NO
Online	Is hyperlinking to a Web site allowed without permission of the site's owner?	YES Depends on the material. In certain situations where the individual is aware that the material has been put online without permission the links are a violation of copyright legislation. Sweden has had cases where links have led to convictions for copyright violation and assisting copyright violation.
	Are temporary or transient copies, incidental to a lawful use, excepted from copyright?	YES
	Are ISPs protected from liability for infringements by third parties, because the law either does not impose liability upon intermediaries or limits their liability in certain circumstances?	YES However this may be affected by the amount of information the ISP has about the infringement.
	Do ISPs provide Internet access without conducting filtering or monitoring for potential copyright-infringing material?	YES
	Are the names and personal information of customers who are alleged to have engaged in copyright-infringing behaviour protected from disclosure by their ISPs?	NO Intellectual Property Rights Enforcement Directive has led to changes in Swedish law (Civilrättsliga sanktioner på immaterialrättens område). Which now requires the ISP to comply with requests to hand out user information (Name & Address) connected to IP numbers of copyright infringers.
By content creators	Can copyright works be non-commercially remixed or mashed up into new works?	LIMITED Only within the limitations of private use. Otherwise permission is required.
	May computer software be reverse engineered for the purpose of creating interoperable software?	NO	12§ URL
	Is the incidental inclusion of a work in other material permitted?	YES For example a photographer may take images of a person without asking permission from the rights holder of copyrightable material in the background of the image.	20a§ URL
	Is there are copyright exception for parody or satire?	YES
	Do creators who license their work retain the moral right of attribution?	YES When copies are made of a work, 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. The author may, with binding effect, waive his right under this Article only in relation to uses which are limited as to their character and scope.	3§ URL
By the press	Is there a copyright exception for the news of the day?	YES Works of fine art which have been made public may be reproduced in a newspaper and a periodical in connection with a report on a current news event, except if the work has been created for reproduction in such a publication.	23§ 3 URL
	May copyright material be reproduced for the purposes of review and criticism?	YES 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.	22§ URL
	May political speeches, speeches in judicial proceedings and/or other public speeches be used for any purpose?	LIMITED Speeches are covered by copyright but judicial proceedings fall out of the protection of copyright and my be used freely.
	May quotations be used for any purpose?	YES
By Libraries	May libraries copy works that cannot reasonably be obtained commercially?	NO
	May libraries copy works for users for the purpose of research or study?	LIMITED Governmental and municipal archival authorities, scientific and research libraries that are operated by public authorities, and public libraries may do so.	16§ URL
	Are libraries allowed to make preservation or archive copies of materials in their collections?	YES Governmental and municipal archival authorities, scientific and research libraries that are operated by public authorities, and public libraries may do so.	16§ URL
	In making permitted copies, are libraries entitled to circumvent technological protection mechanisms (TPMs)?	NO Unsure but probably not.	16§ URL
By disabled users	Is it permissible to copy or adapt work for the use of those with disabilities?	YES Anyone is entitled to make, by means other than recording of sounds, such copies of literary and musical works which have been made public and of works of visual art which have been made public, that persons with a disability need in order to be able to enjoy the works. The copies may also be distributed to those persons.	17§ URL
In public affairs	Are laws excluded from copyright?	YES Copyright protection does not cover: 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.	9§ URL
	Are other governmental works excluded from copyright?	YES Copyright protection does not cover: 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.	9§ URL
	Is there a copyright exception for use of material in judicial proceedings?	YES Copyright protection does not cover: 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.	9§ URL
	Are the results of publicly funded research required to be published under an open access license?	NO

Freedoms to share and transfer

Administration and enforcement

What is the maximum penalty for copyright infringement for an individual?	Fines and imprisonment max 2 years	53§ URL
What is the maximum penalty for copyright infringement for a corporation?	Fines and imprisonment max 2 years	53§ URL
Do the penalties for copyright infringement distinguish between personal versus (large-scale) commercial use, other than at the discretion of a judge?	NO	53§ URL
Is the creation or distribution of devices that can circumvent technological protection measures (TPM) permitted, where such devices can be used for purposes that would not infringe copyright?	LIMITED
Is the use of such devices by consumers permitted for any purpose that would not infringe copyright?	YES
Does national copyright or consumer protection law require disclosure to consumers of the existence of TPMs and any potential limitations on the use of TPM-protected material?	NO
Are the operations of copyright collectives subject to public oversight?	NO
Are ISPs independent of copyright owners, to the extent that no law or industry code of conduct requires them to notify their users who are alleged to have committed a copyright infringement online?	YES
Are criminal sanctions limited to cases of large-scale commercial counterfeiting?	NO
Are damages for copyright infringement based on the loss sustained, rather than by a pre-established or statutory damages award?	YES
Is there provision to penalise the wrongful allegation of copyright infringement?	NO

Conclusions

As the birthplace of the Pirate Bay and the home of the first major Pirate Party, with representation in the European Parliament, Sweden has a reputation for rebelling against global copyrightⁱ norms. However as a member of the European Union, it is actually quite constrained in its ability to put its principles into practice domestically.

Indeed, Europe is challenging the USA for the number of consumer-unfriendly measures it can push through multilaterally. For example in 2009, the Commission, with heavy public opposition, submitted a proposal to extend the term of protection of performers and interpreters rights to 95 years. The proposal was passed in amended form in April, extending the term instead from 50 to 70 years.

Also introduced in Europe in 2009, the Telecoms Package, a set of norms led to regulate Communications, will have an important impact in Copyright enforcement as it establishes the ability of Communication service providers to set conditions limiting access to services and applications and the promotion of collaboration between communication service providers and sectors interested in the promotion of lawful content. It also leaves in hands of the different countries the decision about the authority competent to establish restrictions on the Internet. These have already led some countries to create administrative institutions to deal with online piracy.

Sweden's own copyright law can be described as moderate by European standards, with a strong private copying provision, funded by a levy, which has contributed to Sweden's file sharing culture. However it does lack adequate provision for library uses, and lacks any pro-active provisions on open accessⁱ, FOSSⁱ and the public domainⁱ such as are found in some other countries such as Brazil, and even elsewhere in Europe such as Spain.

This work is licensed under a Attribution Share Alike Creative Commons license

May copyright works be freely offered for commercial rental?	NO	19§ URL
Does the law permit a work to be released to the public domain before the copyright term expires, without any formality other than an overt act of relinquishment?	NO The creator cannot relinquish his moral rights.
Are orphaned works treated differently in the law to other copyright works, for example by allowing them to be compulsorily licenced, limiting remedies, or by releasing them into the public domain?	NO
Is parallel importation permitted?	YES 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.	19§ URL
Are there incentives for the use, production and dissemination of free and open source software within copyright law or elsewhere in national law/policy?	NO
Are there incentives for the use, production and dissemination of open access material (e.g. textbooks) within copyright law or elsewhere in national law / policy?	NO
Are there specifications or incentives in national law/policy for the use of open document formats?	LIMITED