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Act (1997:790) Amending the Act on Copyright in Literary and Artistic Works (1960:729), Sweden

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Details Details Year of Version 1997 Dates Entry into force: January 1, 1998 Adopted: November 6, 1997 Type of Text Main IP Laws Subject Matter Copyright and Related Rights (Neighboring Rights)

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Main text(s) Main text(s) English Act (1997:790) Amending the Act on Copyright in Literary and Artistic Works (1960:729)        
 
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THE GOVERNMENT OFFlCES

Ministry of Justice

ACT (1997:790) of November 6, 1997, AMENDING THE ACT (1960:729) ON COPYRIGHT IN LITERARY AND ARTISTIC WORKS

As decided by the Parliament it is hereby prescribed, as concerns the Act
(1960:729) on Copyright in Literary and Artistic Worles,
that the heading immediately before Article 29 g shall read as follows,
and .
that Artic1es 12, 19,21, 26 b, 26 g, 49, 53 and 61 shall read as follows.

Article 12. Anyone is entitled to make, for private purposes, single
copies of works whichhave been made public. Such copies may not be
used for other purposes.

The provisions in the' first paragraph do not confer a right to

  1. construct worles of architecture
  2. make copies of camputer programs, or
  3. make copies in digital form of compilations in digital form.

The provisions in the fITst paragraph do not confer a right to engage, for private purposes, another person to

l. make copies of musical worles or cinematographic worles,

  1. make useful artic1es or sculptures, .
  2. copy another person' s artistic work by artistic reproductian.

Article 19. When a copy of a literary 01: musical work or a work of fine arts has been transferred with the consent of ~he author, that copy may be further distributed.

The provisions in the first paragraph do not confer 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 legal acts, or
  2. copies of computer programs. in machine-readable form, through lending.

Article 21. Anyone may publicly perform published works

  1. on occasians when the performance of such works is not the mai n feature of the event, provided that no admission fee is charged and the event is not for profit, and
  2. in the cours e of 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.

The provisions of the first paragraph, item 1. do not confer a right to perform, for comrnercial purposes, compilations in the course of educationaI activities.

Artic!~7,6 b. Notwithstanding copyright therein, ofp-'-'al documents shall be maue available to the public as prescribed iIi Chapter 2 of the Freedom of the Press Act.

Copyright does notprevent the. use of a work in the "interest of justice or public security.

Special Provisions on Computer Programs, etc.

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 fITst 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 entitIed to observe,. study or test the function of the program in order to ascertain the ideas and-principles which lie behind the vatious 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.

Anyone who has a right to use a compilation is entitled to dispose of it . in such away that is necessary for him to use the compilation for its intended purpose.

Contractual c!auses which limit the right of the user under the second, fourth and fifth paragraphs are nuII and void. .

Article 49. Anyone who has prepared a catalogue, a table or another -similar production in which a large number of information items have been campiled or which is the result of a substantia! investment has an exc!usive right to make copies of the production and to make it available to the public. .

The right under the rlist paragraph lasts until fifteen years have elapsed from the year in which the production was prepared. Where the production has been made available to the public within fifteen years from the preparation, the right shall, however, last until fifteen years have elapsed from the year in which the production was tirst made available to the public.

The provisions of Articles 2, second and third paragraphs, 6 -9,11, second paragraph, 12, first and second paragraphs, 13 -22, 25, 26 -26 b, 26 d -26 f, 26 g, tifth and sixth paragraphs, and 26 ishall apply also to productions referred to in this Article. Ifa productian of this kind, or a part thereof, is subject to copyright, also copyright protection may be c1aimed.

Contractual stipulations extending the producer's rights under the fITst paragraph in respect of a production which has been made public are null and void.

Article 53. Anybne 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 Artic1e 41, second paragraph, or Artic1e 50, shall be punishedby 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 bear crirninal liability, if the master copy is not used in commercial or public activities and he doe,s not use the copies produced of the computer program for atJy use other th~m his private use. Anyone who for his private use has made a copy in digital form of a compilation in digital form which has been made available to the public shall, under the same conditions; not bear criminalliability for the act.

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 productionhere whould have been punishable under that paragraph.

Anyone who has violatedan injunction issued under penalty of a fine' under Article 53 a, may not be adjudicated to criininal liability for the infringement covered by the injunction.

Attempts to commit acts mentioned in the fITst or thirdparagraphs as well, as the planning of such acts shall be punishable according the provisions of Chapter 23 of the Criminal Code.

Article 61. The provisions of Artic1es 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

, Artic1e 45 apply to performances of persons who are Swedish citizens or who have their habitual residence in Sweden, the provisions of Artic1e 47 to sound recordings the producer of which is a Swedish citizen or a Swedish legal entity or a person who has his habitual residence here, and the provisions in Artic1e 48 to broadeasts 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 whieh is a Swedish citizen or a Swedish legal entity or has his habitual residenee in Sweden aS weIl as to sueh recordings of moving images which take place in Sweden. However, the provision of Artic1e 46 applies, as regards reproduction, to all sound recordings.

The provisions ofArticle 49 apply to produetions of whieh the producer
is a Swedish citizen or has his habitual residence in Sweden. The

provi&; ;ons apply also to productians of which the p, luc~r is a Swedish' legal entity and has its registered office, its main headquarters or its principal place o~ busbiess in Sweden. Where the legal entity has its registered office in Sweden but does not have its main headquarters or its principal' place of business here, the provisions apply, however, only where the productian forms part of an economic activity established in Sweden.

Of the provisions in Article 49 a, the reference to Artic1es 50 and 51 apply to all photographic pictures and the other provisions to photographic pictures,

  1. of which the producer 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 permanent~y fixed to the ground, if the building or the constructian is Iocated in Sweden.

For the purposes of the application of the third paragraph, item 2, the publication shall be considered to have taken place simultaneously ifthe work has been published in Sweden within thirty days from its publication abroad.

  1. This Act enters inta force on January 1, 1998
  2. The new provisionS apply also to works and productions which have come into being before the entry inta force. As regards productions which have been prepared within a period of fifteen years before the entry inta force, the rights under Article 49 apply until January 1, 2014.
  3. The new provisions do not apply in relation to measures undertaken or rights acquired before the entry inta force. Such copies of productions under Article 49 which have been prepared on. the basis of previous provisions may be freely distributed and displayed. The reference in Artic1e' 49, third paragraph, to Article 19, second paragraph, shall, however, apply.
  4. Anyone who has,on the pasis of the provisions previausly in force, commenced the explo~tation of a production according to Article 49 by

'preparing copies or by making it available to the public, may, notwithstanding the new provisions, continue the planned activities in the manner necessary and customaty, however not beyond January 1, 2000. The same right has ,anyone who, befare the ,entry inta force, has undertaken significant measures for the preparation of copies of a producti0!l or for making it available to the public. Copies prepared on the basis of these provisions may be freely distributed and displayed. The reference in Artic1e 49, third paragraph, to Article 19, second paragraph, shall, however, apply.


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WIPO Lex No. SE060