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     Kommentar till en text av Ya'll
Ärende: I wonder! Swedish Copyright Law
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I wonder if the newest amendment to this Swedish copyright law recinded
any of this law. If not, then Felten has been in violation even before the
2005 amendments. And of course, Vlist is proven wrong by every word here.
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Kungl bibl logotyp [BIBSAM-symbolen]
Act on Copyright
in Literary and Artistic Works
The Ministry of Justice

March 1, 1996

Stockholm

(Act 1960:729, of December 30, 1960, as amended up to January 1, 1996).

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 shall apply
correspondingly 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

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 indicated 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
indicated 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
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. Copies of published works may be prepared for educational
purposes by means of reprographic reproduction and recordings may, f or
the same purposes, 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.

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 the original form, for
delivery to users, or

3. for use in reading devices.

Reproduction as mentioned in the first paragraph items 2. and 3. 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 operated 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
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 fine arts 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 in relation 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, make quotations from works which have been made
available to the public.

Use of Works of Fine Arts and of Buildings

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 reproduce or otherwise make use of 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 proceeding 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.

Article 26 a. Anyone is entitled to reproduce or otherwise make use of
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 reproduce or otherwise make use of 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
license applies only if the emitting organization simultaneously carries
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 make use of
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.

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 the information to be

1. used for purposes 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 works 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
notwithstanding 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 result 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. 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 against the
organization.

Only the contracting organizations are entitled to put forward claims for
remuneration against the user of a work on the basis of Article 26 f. All
such claims shall be forwarded at the same time.

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
protection, 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 cent 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 exclusion of the value 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 arts 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, the claim is no longer valid.

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
and which have taken place during the preceding three years.

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 in part.

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 printing
or a similar process and the right to publish it.

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 within
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 one
year from the publication of the previous edition, the author shall be
entitled to make, before the production starts, such changes in the work
which can be made without unreasonable costs and without altering the
character of the work.

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

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

Article 38. The provisions concerning publishing contracts 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.

CHAPTER 4.

Duration of Copyright

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.

CHAPTER 5.

Certain Rights Neighboring Copyright

Performing Artists

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 consent of
the artist, been transferred within the European Economic Area, the copy
may be distributed further

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

1. copies of 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.

Producers of Recordings of Sounds and of Images

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.

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 performing artists whose performances are
recorded have a right to remuneration. If two or more artists 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.

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
authorization 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 put
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.

Photographers

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 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.

Article 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.

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 consent 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.

If the plaintiff shows a probable cause that an act implying an
infringement or a violation as referred to in Article 53 takes place and
if 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
delay 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 with negligence commits an act involving
an infringement or a violation under 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.

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