1  
This is an unofficial translation of the Act on copyright in literary and artistic works, 
SFS, 1960:729. Should there be any differences between this translation and the 
authentic Swedish text, the authentic Swedish text will prevail.  
 
ACT ON COPYRIGHT IN LITERARY AND ARTISTIC WORKS 
(Swedish Statute Book, SFS, 1960:729, as last amended by SFS  2020:540 ). 
 
CHAPTER 1. Subject Matter and Scope of Copyright  
 
Article 1. Anyone who has created a literary or artistic work shall have copyright in that 
work, regardless of whether it is 
 
1. a fictional or descriptive representation in writing or speech, 
2. a computer program, 
3. a musical work or  a work of scenography , 
4. a cinematographic work, 
5. a photographic work or another work of fine art, 
6. a work of architecture or applied art, 
7. a work expressed in some other manner. 
 
Maps and other works of a descriptive nature executed as drawings, engravings, or in a 
three-dimensional form, shall be considered as literary works. 
 
What is prescribed in this Act concerning computer programs shall mutatis mutandis apply 
also to preparatory design material for computer programs. (Act 1994:190)  
 
Article 2. Subject  to the limita tions prescrib ed herei nafter,  copyright  shall include t he 
exclu sive right to exploit the work by preparing copies  of it and by making it available  to the 
public, be it in the original or an altered manner, in transla tion or adapta tion, in another  
literary or artistic form,  or in another techni cal way. 
 
As the preparation of  copies  shall be consid ered any direct  or indirect,  and tempora ry or 
permane nt, preparation  of copies  of the wo rk, regardle ss of in which form  or through w hich 
method this is carried out and regardle ss of whether it relates to the  work in  whole or in 
part. 
 
The work  is made  available  to the public  in the foll owing cases : 
 
1. When the work is being communicated to the public. This inc ludes any making 
available of the work to the public by wire or wireless means which occurs from  a 
place other than that where the public is able to enjoy the work. Communication to 
the public also includes acts of communication that occur in such a way that 
members of the public are able to access the work from a place and at a point in 
time individually chosen by them.   
 
2. When the work  is publicly  performed.  Such public  performance includes only such 
cases where the work is made available  to the public,  with or without the  use o f a 
technical  device,  at the same pl ace as the one where the public  is able to enjoy  the 
work. 
 
3. When copies  of the work  are publicly  exhibited. Public  exhibi tion includes  only 
such cases where a copy of a work  is made  available  to the public,  without t he use 
of a technical  device,  at the same pl ace as the one where t he public  is able to enjoy  
the copy. If a technical  device is used, the act  is, instead, a public performance . 
 2  
4. When copies of the work  are placed on sale, leased, lent, or otherwise  
distributed to the public.  
 
As ac ts of communication  to the public  and of public  performa nce shall be dee med also 
acts of communicat ion and performan ce that, in the framew ork of commercial  activities, 
are arranged to , or before , a compar atively large closed  group of per sons. (Act 2005:359). 
 
Article 3. When copies of a work are prepared , or when the work i s made available to the 
public, the name of the author shall be stated to the extent and in the manner required by 
proper usage. 
 
A work may not be altered  in a manner which is prejudicial to the author's literary or 
artistic reputation or to his individuality, nor may it be made available to the public in a form 
or in a context which is prejudicial to the author in the manner stated. 
 
The author may, with binding effect, waive his right under this Article only in respect 
of uses which are limited in character and scope. 
 
Article 4. A perso n who has made a translation or an adaptation of a work or converted it 
into another literary or artistic form, shall enjoy  copyright in the work in the new form, but 
he must not exp loit it in violation of t he copyright in the 
original work. 
 
If a person, in free association  with another work, has created a new and independent 
work, his copyr ight shall not be depending on th e right in the original work . 
 
Article 5. A perso n, who, by combining works or parts of works, creates a composite literary 
or artistic work shall enjoy copyri ght therein, but his right shall be without prejudice to the 
rights in the individual works . 
 
Article 6. If a work has two or more authors, whose contributions do not constitute 
independent works, the copyright shall belong to the authors jointly. Each one of them is, 
however, entitled to bring an action for infringement of the right.  
 
Article 7. The  person whose name or generally known pseudonym or signature appears in 
the usual manner on copies of the work or when it is made available to the public, shall, in the 
absence of proof to the contrary, be deemed to be its author. 
 
If a work is published without the name of the author being stated in the manner 
prescribed in the first Paragraph, the editor, if he is mentioned,  or otherwise the 
publisher, shall represent the author until his name is stated in a new edition or in a 
notification to the Ministry of Justice. 
 
Article 8. A work is deemed to have been made public when it has lawfully bee n 
made available to the public. 
 
A work is deemed to have been published when copies thereof have, with the consent of 
the author, been placed on sale or otherwise been distributed to the publ ic. (Act  1973:363) . 
 
Article 9. Copy right 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. 
 
 3  
Copyright subsists, however,  in works of the following kinds when they form pa rt of 
a document mentioned in the first Paragraph: 
 
1. maps, 
2. works of visual arts,  
3. musical works, or 
4. works of poetry.  
 
Copyright subsists also in any work included in an attachment to a decision by a Public Authority, if the decision relates to the right to access to a public document where the work is included . (Act 2000:92).  
Article 10. Copyright subsists in a work even if it has been registered as a design.  
Copyright does not subsist in layout designs in semicondu ctor products. Special 
provisions apply to the rights in such designs. (Act 1994:190 ). 
 
CHAPTER 2. Limitations on Copyright 
 
General Provisions on Limitations 
 
Article 11. The provisions of this Chapter do not limit the author's right under 
Article 3, except as provided in Article 26 c. 
 
When a work is used publicly pursuant to the provisions in this Chapter, the source shall be 
stated to the extent and in the manner required by proper usage, and the work may not be 
altered more than necessary for the use. (Act 1993:1007). 
 
On the Preparation  of Temporary Copies 
 
Article 11 a. Temporary forms  of copies  of works may be prepared , if the preparatio n of 
the copi es constitutes  an integral and essen tial part of a technological  process  and if the 
copies  are transient  or have only  a secondary  importan ce in that p rocess. The copies  must 
not have a ny independent  economic  importan ce. 
 
The preparation of  copies  under  the first Paragraph  is permissi ble only if the sole 
purpose  of that preparation is to en able 
1. a trans mission  in a netwo rk between  third parties by an intermediary,  or 
2. a lawful  use, that is, a use that occurs  with the consent  of the author  or his 
successor  in title or another  use which is  not prohibited under  this Act. 
 
The provisions  in the first  and second Paragraphs  do not confer  a right  to prepare  copies  of 
literary  works in the form  of computer  programs  or compilations.  (Act 2005:359). 
 Article  11 b.  Repealed by Act (1993:1007).  
 On the Preparation of Copies for Private Purposes  
 
Article 12. Anybody  is entitled to prepare , for private purpos es, one or a few copies of 
works that have been  made  public. In respect of liter ary works in written form the  
preparation of  copies  may, howe ver, concern  only limited  parts of works, or such wor ks of 
limited  scope. The copies  must not  be used for purpos es other  than private  use. 
The provisions  in the first Paragraph  do not confer a right  to 
 
1. construct works of architecture 
2. prepare  copies of computer  programs,  or 
3. prepare  copies in digital form  of compilations  in digital form. 4  
Furthermo re, the provi sions in the first Parag raph do not confer  a right to enga ge, for 
private purpos es, another party to  
 
1. prepare  copies of musical  works or cinemat ographic  works 
2. prepare  utilitarian  articles  or sculptures,  or 
3. copy other works of fine art by means of an artistic process.  
 
This Ar ticle does not confer  a right to prepare  copies  of a work when the copy constituting 
the real master copy has been prepared  or has been made available to t he public  in violation  
of Article 2. (Act 2005: 359). 
 
Article 13. (Constitutes, in an amended form, Article 42 c.) On the 
Preparation of Copies for Educational Purposes 
Article 14. Teachers and pupils may for educational purposes prepare  recordings of 
their own performan ces of works. Such recordings must not be used for other purposes. (Act 
1993:100 7). 
 
Article 15. Heading and Article repealed by Act  (2005:359).  
 
Article 15 a. Repealed by Ac t (199 3:1007).  
 
On the Preparation and  Distribution of Copies  within  Certain Archives and Libraries 
 
Article 16. The g overnmental and municipal archival authorities, the scientific and research 
libraries operated by the community at large,  and the public librari es are entitled  to prepare 
copies of works,  other than computer programs,  
 
1. for purposes of preservation, completion or research,  
2. for satisfying  the desires of library borrowers for single articles or short extracts, or 
for material which, for security reasons, should not be given away in original form, 
or 
3. for use in reading devices.  
 
Copies prepared  on paper pursuant to the first Paragraph, item 2, may be distributed to 
library borrowers.  
 
Other archives are entitled to prepare copies of works, with the ex ception of computer 
programs, for purposes of preservation. The same applies to other libraries that are accessible to the public . (Act 2017:323).  
 On the Use of Orphan Works . 
 Article 16 a. Publicly accessible libraries, educational establishments and mus eums as well 
as archives and film or audio heritage institutions are entitled to prepare copies of literary works in writings and cinematographic works , and make such works available to the p ublic 
in such a way that members of  the public may access the wor k from a place and at a time 
individually chosen by them, if  
 
1. the work is considered, or has been considered, to be an orphan work pursuant to 
Article 16 b, and the right -holder  has not ident ified himself to the user,  
2. the work forms part of the user´s own collections,  
3. the work has a relation to a country member of the European Economic Area (an EEA country) because  
a. if the work has been published, the first publication has taken place in such a country, or  5  
b. if the work has not been published but has been broa dcast in sound radio or 
television, the first broadcast has taken place in such a country, or  
c. if the work has neither been published nor broadcast, it has, with the 
consent of the right -holde r, been made available to the public in such a 
country by a user referred to in this Article and it is reasonable to assume that the right -holder would not oppose the use,  
4. the user is established in an EEA country,  
5. the activities of the user are not for pr ofit-making purposes and, in respect of the 
film or audio heritag e institutions , the institution has been entrusted by the 
community at large to manage the film or audio heritage,  
6. the exploitation takes place in order to achieve aims related to the public interest mission of the user and, as regards acts of reproduction, for the purposes of 
digitization, indexing, cataloguing, preservation, restoration or making available to 
the public  of the work , 
7. the revenues from  such uses are  intended exclusively to cover the  costs for 
digitiz ation and making available to the public  of orphan works, and  
8. right holders  who are known are indicated.  
 
A public service sound radio or television organization is entitled to use cinematographic 
works which have been produced by, or for, such an organization before January 1, 2003, in 
the ways a nd under the conditions  indicated in the first Paragraph, items 1 to 4 and 6 to 8.  
 A user referred to in the first Paragraph is, in the ways and under the conditions referred to 
there, entitled to exploit works form ing part of a literary work in a writin g, a 
cinematographic work or a sound recording having such relati on to an EEA country  
referred to in the first Paragraph, item 3. A public service sound radio or television 
organization is,  in the same way and under the same conditions as referred to in the first 
Paragraph, items 1 to 4 and 6 to 8, entitled to make use of works form ing part of such a 
cinematographic work or such a sound recording, if the cinematographic work or the sound recording has been produced by, or for, such an organization before Ja nuary 1, 2003. (Act 
2014:884).  
 
Article 16 b. A work shall be considered to be an orphan work if all the right -holders  are 
unknown, or it has not been possible to find  them after a user referred to in Article 16 a has 
performed a diligent search pursuant t o Article 16 c and recorded it. If there are s everal 
right-holders  in a work and only one or some of them are unknown or have not been 
possible to find , the provisions in this Act shall apply to the right in the work belong ing to 
this or those right -holder s. 
 
If the right -holder  identifies himself to a user who has used the work pursuant to Article 16 
a, the work shall no longer be considered to be an orphan work. The right -holder  has a 
right to a fair compensation from the party that has used the work.  (Act 2014:884). 
 Article 16 c. A diligent search shall be carried out in good faith in respect of each individual 
work.  
 
The diligent search shall be carried out in the country where the work was first published 
or, in the absence of publication, where it wa s first broadcast in sound radio or television .  
If a work has neither been published nor broadcast but has, with the consent of the right -
holder , been made available to the public by a user referred to in Article 16 a, the search 
shall be carried out in t he country where the user is established.  
 
In respect of cinematographic works whose producer has his headquarters or habitual 
residence in an EEA country, the diligent search shall instead be carried out in that country.  
 
In respect of works referred to i n Article 16 a, third Paragraph, the d iligent search shall  be 
carried out where it should have been carried out in respect of the sound recording or the 6  
work of which it forms part.  
 
In respect of diligent search in Sweden the sources shall be used that ar e suitable for the 
type of works that the diligent search concerns. Such sources that are included in the Annex to the Directive 2012/28/EU of the European Parliament and of the Counc il of 25 
October 2012 on certain permitted uses of orphan works shall alw ays be used for the 
diligent search. In respect of diligent search in another country the provisions in that 
country on suitable sources shall apply . 
 If there is evidence to suggest that relevant information on right -holders  is to be found in 
countries ot her than what follows from the second to fourth Paragraphs, also sources of 
information in that other country shall be consulted.  (Act 2014:884).  
 Article 16 d.  The Government may is sue stipulations on obligation for the users referred 
to in Article 16 a to provide, to the Government or to the  Authority appointed by the 
Government, such information that shall, pursuant to the Directive 2012/28/EU of the 
European Parliament and of the Council of 25 October 2012 on certain permitted uses of 
orphan works , be recorded by the European Union Intellectual Property Office . (Act 
2016 :371) 
 
On the Preparation of Copies, etc. for Persons with a Disability 
 
Article 17. Anyone who has a visual or reading disability and who is therefore unable to 
enjoy a work which has b een made public in the form of a book or other writing, notation 
or related illustration to substantially the same degree as a person without such an impairment, is entitled to prepare copies of the work in a format which is accessible to 
him or her. The s ame applies to any  person acting on behalf of that person.  
 The first Paragraph gives only a right to prepare copies of a work to which the person 
with a visual o r reading disability has lawful access and for his or her exclusive use.  
 A person with a visual or reading disability means  
 
1. a person who is blind,  
2. a person who has a visual impairment which cannot be improved so as to give the person a visual function substantially equivalent  to that of a person having no such 
impairment , 
3. a person who has a perce ptual or reading disability, or  
4. a person who, due to a physical disability, is unable  to hold or manipulate a book 
or to focus or move the eyes to the extent that would be normally required  for 
reading.  (Act 2018:1099).  
 
Article 17 a.  An authorized entity is , subject to the conditions  corresponding to those 
indicated in Article 17, entitled  to prepare copies referred to in that Article. It is 
furthermore entitled to communicate and distribute such copies to persons with visual or 
reading disability referred  to in that Article and who have their domicile in Sweden or 
another State party to th e European Economic Area (EEA), to other authorized entities in 
Sweden and to entities in another State party to the EEA which is in that State an 
authorized entity.  
 
The first Paragraph  gives  only a right to prepare copies of work s to wh ich the authorized 
entity has lawful  access. The preparation, communication and distribution may be carried 
out only to a person with visual or reading disability for his or her personal use and must 
not be car ried out for commercial purposes.  
 An “authorized entity” in Sweden means  
 7  
1. a public  authority having as its task to provide education,  adaptive reading or 
access to  information for persons with a visual or reading disability,  
2. an organ ization providing , without profit -making purposes,  the same services as 
those referred to in 1 i f the organization provides the services pursuant to law or 
other statutes or receives support from public funds for providing  such services, 
or 
3. a non- profit or ganization providing the sa me services as those referred to in 1  as 
one of its main tasks or as a part of its public interest mission.  (Act 2018:1099)  
 
Article 17 b.  Contractual provisions limiting the right to use works pursuant to Articles 17 
or 17 a are  null and void.  (Act 2018:1099).  
 
Article 17 c. When an authorized entity established in Sweden communicates or 
distributes copies of works pursuant to Article 17 a to persons with visual or reading 
disability in such a way that those persons may keep a co py of the work, the  author is 
entitled to a remuneration.  (Act 2018:1099)  
 
Article 17 d.  The authorities and organizations referred to in Article 17 a, third Paragraph, 
items 1 and 2 , shall be deemed to be authorized to provide education, adaptive reading or 
access to information for persons with a visual or reading disability for the purpose of the 
Regulation (EU) 2017/1563 of the European Parliament and of the Council of 13 
September 2017 on the cross -border exchange be tween the Union and third countries of 
accessible format copies of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise 
print-disabled, in its original wor ding.  (Act 2018:1099). 
 
Article 17 e.  Anyone  is entitled to prepare , in cases other than those referred to in 
Articles 17 and 17 a, and by means other  than  the record ing of sounds, copies of literary 
and musical  works which have been  made  public  and of wo rks of visual art which have 
been made public and which p ersons  with a disability need  to be  able to enjoy  the works. 
The copies  may also be distributed to those pers ons. 
 
Libraries  and organizations  working for participation by persons with a disability are also, 
in cases other than those r eferred to in Articles 17 and 17 a, entitled to   
 
1. communicate  copies  of the works referred to in the first Paragraph  to persons  with 
a disability  who need the copies to be able to enjoy the work, 
2. by means of sound recording  prepare  copies of literary works  which have been  made 
public  and which persons  with a disability  need to be  able to enj oy the  works, and to 
distribute  and communicate  such sound recordings  to those persons,  and 
3. prepare  copies  of works transmit ted on sound radio  or televisi on, and of 
cinematog raphic  works, that deaf  or hearing-impaired  persons  need to be able  to 
enjoy  the works,  and to distribute  and communicate  copies of the wor ks to those 
persons.  
 
The preparation of  copie s, the dist ribution of copies  and the communicat ion to the 
public of copies pursuant  to this Article  must not  be carried out for commercial  purpos es, 
nor must t he copies  be used for purposes  other  than those mentioned in the Art icle. 
 
When libra ries and organizations, pursuant to this Article,  distribute  or communi cate copies  
of works to persons  with a disability  in such a way that those person s may keep a copy of 
the wo rk, the a uthor has a right to remuneration. The same applies  if anyone, pursuant  to 
the first  Paragraph,  second  sente nce, transfers more  than a few copies  to persons with a 
disability . (Act 2018:1099).  
 Article 17 f . The Go vernment may issue provisions concerning information to be 
provided and concerning requirements on documentation when authorized entities a s well 8  
as libraries and organizations working fo r participation of  persons with disabilities prepare, 
communicate or distribute copies pursuant to Article 17 a or 17 e and concerning the 
information to be attached to such copies.  
 The Government may also issue provisions about  routines to be followed by  an 
authorized est ablished in Sweden and about information to be provided when it prepares, 
communicates or distributes copies pursuant to Article 17 a to persons with visual or other 
reading disability in another State within the EEA or to entities within the EES w hich are  
authorized entities  in that State . (Act 2018:1099).  
 
On the Preparation of Compos ite Works for Use in  Education al Activities 
 
Article 18. Anyone  who,  for use in educationa l activities, prepares  a composite wo rk 
compiled from wo rks by a comparative ly large number  of authors may reproduce  minor  
portions  of literary  or musical works and such works of a limited scop e, provided that five 
years have elaps ed from the year  in which the w orks were published.  Works of fine art may 
be reproduced in connec tion with the text, provid ed that five years  have elap sed from the 
year when they were made  public. The authors have a right to remu neration. 
 
The provisions  of the first Paragraph  do not apply to wo rks which have been cre ated for 
use in educational  activities  and do not confer a right to prepare composite  works for 
commerci al purpos es. (Act 2005:359). 
 
On the Di stribution  of Copies  
 
 
Article 19. When a  copy of a work  has been transferred, with the con sent of its 
author, within  the Eu ropean Economic  Area, that copy may be furt her distributed.  
 
The provisions  of the first Paragraph  do not confer a right to ma ke available  to the 
public  
1. copies  of works, other than buildings  and works of applied  art, through rental 
or simila r legal acts, or 
2. copies  of computer  programs  in machine-readable  form  or of 
cinematog raphic  works, through lending.  (Act 2005:359) . 
 
On the Di splay of Copies  
 
Article 20. When a  work  has been publi shed, the copies thus publi shed may be publicly  
displayed.  The same applies  in respect of copies of works of fine art which the author has 
transfer red. (Act 2005:359). 
 
On Works of Fine Art Included in a Film, a Television Program or a Picture  
 
Article 20 a. Anyone is, through a film or a television program, entitled to prepare  and 
distribute  copies  of works of fine art, publi cly perform  works of fine art  and communi cate 
works of fine art to the public,  if the exploita tion is of minor importance i n relation to the 
content of the fi lm or the television program.  Corresponding  acts of explo itation  may also 
be carried out in respect of  works of fine  art that appear  in the bac kground,  or other wise 
constitute an  insignificant part, of a pictu re. 
 
Acts of e xploitation as referred to in the first Paragra ph may, however, take place only  if the 
master copy for the copy prepared when the w ork of fine art is being  included in the film, the 
television program  or the picture  is a copy is covered by an act of publication or a copy which 
has been transferred by the author. If no preparation of a copy  takes place , the same  applies  
to the copy  direc tly commun icated to the p ublic  through the television  program. (Act 
2005:359) . 
 9  
On Public Performance  
 
Article 21.  Anyone is entitled to publicly perform works, with the exception of 
cinematographic works and wo rks made for the stage, which have been made public  
 
1.  on occasions where the performance of such works is not the main feature of the 
event, no admission fee is charged and the event is not organised for commercial 
purposes, and  
2. in the context of educatio nal activities or divine services.  
 
The Riksdag ( Parliament ) and governmental and municipal A uthorities may, in cases 
referred to in the first Pa ragraph 1, publicly perform also cinematographic works and works 
made for the stage which have been made public . The works may be performed only 
through a connection to an external network which held available in order to satisfy a public 
information inter est, and, as regards archives and libraries referred to in Article 16, first  
Paragraph, by means of a technical  device intended for single customers in order to make 
available works forming part of the institution´s own collections. The performance may 
take place only at the Parliament’s or the authorities’ own venues.  
 The provisions  of the first Paragraph, item 2 do not confer a right to publicly perform, for 
commercial purposes, compilations in educational activities. ( Act 2013:691).  
 
On Quotations 
 
Article 22. Anyone is, in accordance with proper usage and to the extent necessary for 
the purpose, entitled to  make quotations from works which have been made available to the 
public. 
 
On the Use of Works of Fine Arts and of Buildings 
 
Article 23. Wor ks of fine art which have been  made  public  may be rendered 
 
1. together with  the text in a scien tific presen tation which has not been prepared  
for commercial  purpos es, 
2. together with  the text in a critical presentation, except in digital form,  and 
3. in a newspaper  or a periodica l together with a  report on a  current even t, 
except  if the work has been  created for reproduction i n such a  publication.  
 
The provisions  in the first Paragraph  apply  only if the use of  the rendering  is carried out 
in conformity  with proper usage  and to the extent  called for by the purpos e. (Act 
2005: 359).  
 
Article 24. Wor ks of fine art may be reproduced in pictorial  form  
 
1. if they are perman ently located outdoors  on, or at, a public  place , 
2. if the purpose  is to adver tise an exhibi tion or a sale of the w orks of fine art, but 
only to the ex tent necessary  for the promotion of the exhibition or the sa le, or 
3. if they form part of a collection,  in catalogu es, however not in digital form . 
 
Buildings  may be freely reproduced in pictorial  form.  (Act 2005: 359). 
On Information on Current Events through Sound Radio and Television, etc. 
 
Article 25. Works which are being seen or heard in the course of a current event may be 
rendered in connection with information concerning the current event through sound 
radio, television, direct communication or film. The works may, however, be represented 
only to the extent called f or by the information purpose.  (Act 1993:1007 ). 10  
Article 25 a. Wor ks that are being  seen or heard  in a television  broadcast  may be re ndered 
when a television  organization transm its an extract from the br oadcast pursuant  to Article  
48 a. (Act 2010: 697). 
 
On Public Debates, Public Documents, etc. 
 
Article 26. Anyone is entitled to use oral or written statements delivered  
 
1. before Public Authorities, 
2. in government or municipal representative bodies, 
3. in public debates on public matters , or 
4. at public questionings on such matters.    
 
The provisions of the first Paragraph 1 and 2 do not, however, apply as regards information 
for which secrecy applies under Chapter 31, Article 23 of the Pub lic Access to Information 
and Secrecy Act (2009:400). 
 
In the application of the first Paragraph it shall be obs erved, 
 
1. that writings cited as evidence, opinions and similar contexts  may only be rendered 
in connection with a  report concerning the legal proceedings or case in which they 
have appeare d and only to the extent necessary for the purpose of the report, 
2. that the author has an exclusive right to publish compilations of his statements, and 
3. that what is stated during questionings mentioned in the first Paragraph 4 must 
not, pursuant to that provision, be used in sound radio or television broadcasts. (Act 
2009: 406). 
 
Article 26 a. Anyone is entitled to render works forming part of t he documents mentioned in 
Article 9, first Paragraph, and which are of the kind mentioned in Article 9, second 
Paragraph 2 to 4. This does not, howeve r, apply in respect of works referred to in Article 9, third 
Paragraph.  
 
The author is entitled to remuneration except when the use occurs in the context of  
 
1. the activities of a Public Authority, or 
2. a report of a legal proceeding or a case or matter in which the work has appeared  and 
the work is rendered  only to the extent called for by the purpose of the report.  
 
Anyone is entitled to render docum ents prepared  by Swedish Public Authorities but 
which are not such referred  to in Article 9, first Paragraph. 
 
The second Paragraph does not apply to 
 
1. maps, 
2. technical models, 
3. computer programs, 
4. works created for educational purposes, 
5. works which are the result of scientific research, 
6. works of pictorial art , 
7. musical works, 
8. works of poetry, or 
9. works copies of which are made available to the public through Public 
Authorities in commercial activities. (Act 2000:92). 
 
Article 26 b. Notwithstanding copyright, official documents shall be made available to the 
public as prescribed in Chapter 2 of the Freedom  of the Press Act. 
 11  
Copyright does not preve nt the use of a work in the interest of the administration of justice or 
of public security. (Act 1997:790). 
 
On Alterations of Buildings and of Useful Articles 
 
Article 26 c. The owner of a building or a useful article is entitled to alter the property 
without the consent of the author. (Act 1993:790). 
 
Special Provisions concerning Sound Radio and Television 
 
Article 26 d. (constitutes now, in amended form, Article 42 e) 
 
Article 26 e. A sound radio or television organization which has the right to b roadcast 
a work is entitled to record the work on a material support from wh ich it can be 
rendered , if this act is carried out  
 
1. for use in its own broadcasts on a few occasions during a limited time, 
2. to secure evidence concerning the content of the broadcast, or 
3. for m aking it possible for a Government Authority to exercise 
supervision over the broadcasting activities. 
 
Anyone who pursuant to under Chapter 5, Article 3 of the Act (1991:1559) 
Containing S tipulations relating to the Fre edom of the Press Act and the 
Fundamental Law on Freedom of Expression has a obligation to ma ke a 
recording of a program made available on pa y-tv is entitled to pr epare copies of 
works included in the program, if this is carried out in order to secure evid ence 
concerning the content of the program or to make it possible for a G overnment 
Authority to exercise supervision over the activities.  Copies referred to in the  
second Paragraph may be used only for the purpose referred to there.  
 Recordings referred to
 in the first Paragraph 2 and 3 may be used onl y for the purposes 
indicated there . Such recordings which have a documentary value may, however, be preserve d 
in the Royal Library.  
 
A Government Authority having as its task to supervise a dvertising in sound radio and television 
broadcasts and programs referred to in the second Paragraph is entitled to re nder works included 
there to the extent justified by  the purpose of the supervision.  (Act 2015:359).  
 
Article 26 f. Constitutes now Article 42 f (Act 2005:35 9). Special 
Provisions on Computer Programs, etc. 
Article 26 g. Anyone who has acquired the right to use a computer progr am is 
entitled to prepare  such copies of the program and to make such alterations of the program 
which are necessary for him to be able  to use the program for its intended pur pose. This also 
applies to corrections of errors. 
 
Anyone who has the right to use a computer program is entitled to make back-up copies of 
the program, if this is necessary for the intended use of the program. 
 
Copies which have been prepared  pursuant to th e provisions of the first and second 
Paragraphs must not be used for other purposes and must , furthermore, not be used wh en the 
right to exploit the program has expired. 
 
Anyone who has the right to use a computer program is entitled to observe, study or test 
the function of the program ascertaining the ideas and principles which lie behind the 
various details of the program. This applies provided that the act is performed in the context 12  
of such loading, display on a screen, processing, transmission or storing of the program that 
he is entitled to carry out.  
 
Anyone who has a right to use a compilation is entitled to dispose of it in any way necessary 
for him to be able to use the compilation for its intended pur pose. 
 
Contr actual stipulations limiting the right of the user unde r the second, fourth or fifth 
Paragraphs are null and void. (Act 1997:790) . 
 
Article 26 h. The rendering of the code of a computer program or translation of the form 
of the  code is permitted if those acts are required for obtaining interoperability between 
the program and another program. This applies, however, only p rovided 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 necessa ry to achieve interoperability has not previously been 
readily available to the persons referred to in 1, 
3. the acts are confined to those parts of the original progr am which are 
necessary to achieve the intended i nteroperability. 
 
The first Paragraph does not imply that t he information be 
 
1. used for purpos es other than to achieve the intende d interoperability, 
2. given away to other persons except when this is n ecessary for obtaining the 
intended interop erability, 
3. used for the development, preparation or marketing of a computer program 
which in relation to the protected program has a substantially similar form of 
expression, or  
4. used for other acts which constitute an infringement of the copyr ight. 
 
Contr actual stipulations restricting the rights of the user under  this Article are null and 
void. (Act 1993: 1007). 
 
Article 26 i.  New number Article 42 a (Act 2005:359).   
CHAPTER 2 a. Righ t to Special Remuneration 
Article 26 j. Repealed (Act 2007:521).  
 
Remuneration Relating to the Manu facture and Importation of Material Supports for the Recording of 
Sounds or Images 
 
Article 26 k. When a  businessman,  in his professional  activities, manufactures  or imports 
into this count ry material  supports  on which sounds  or moving  images  can be recorded  and 
which are especially  suitable  for the preparation of  copies  of works for priva te purpos es, the 
authors of such protec ted works, that have t hereafter been broadcast  by sound  radio  or 
televis ion or have been publi shed on material suppor ts by means  of which  they can be 
rendered,  have a right to remune ration from the businessman.  
 
The aut hors have,  however, no right to remu neration, if the manufactured or 
imported material sup ports  are intend ed for 
 
1. use for  purpos es other  than the preparation of  copies  of works for 
private purpos es, 
2. export f rom the country,  or 
3. use for the preparation of  copies  of works for persons  with a disability . (Act 13  
2018:1099).  
 
Article 26 l. The remuner ation pursuant to Ar ticle 26 k is:  
 
1. in respect of material supports  for analogue recording,  two and a half “Öres”  
for each possi ble recording  minu te, 
2. in respect of material supports where di gital recording  can be made 
repeatedly,  0,4 “Öres” f or each megabyte  storage capacity , 
3. in respect of other  material supports  for digital recording  0,25 “Öres” for each 
megabyte storage  capacity. 
 
The businessman is entitl ed to a reduction of the amount s of the remuneration under  the 
first Paragraph,  if  
 
1. the authors  have in  some other  form  received comp ensation  for the preparation of 
copies  of works referr ed to in Article  26 k, or 
2. the remuneration is unreasonably  high, considering the c ircumst ances rela ting to the 
materi al support  or other  condi tions on the market. (Act 2005:359).  
 
Article 26 m. Only an organization representing a significant number of authors and 
holders of neighbouring rights in the field is entitled to claim the remuneration and to conclude  agreements on the reduction of the remuneration pursuant to Articles  26 k and 
26 l. The organisation shall claim the remuneration and distribute it to those entitled to it , 
after deduction of compensation to the organization for its expenditure. For the purposes 
of the distribution, r ight-owners who are not represented by the organization shall
 be on an 
equal footing with  right-owners who are represented by the organization.  
 
The businessman referred to in Article 26 k, first Paragraph, shall give notice of himself  to 
such an organization referred to in the first Paragraph. The businessman shall, upon request 
by the organizati on, provide an account of the number of material supports for which a  
right to remuneration applies, the recording time or the storage capacity of the supports, whether the supports can be used repeatedly for digital r ecording and when the supports 
were manufactured or imported. The account shall indicate the number of material  
supports referred to in Article 26 k, second Paragraph. ( Act 2016:979).  
 
Remunera tion for Resale of Original Copies of Works of Art (Resale r ight) 
 
Article 26 n. If a copy of an original work of art, that has been transfe rred, has  been re-
sold wi thin the  term of copyright  prote ction, the author has a right to remu neration 
(resale  right) if an art market professi onal is the seller, intermediar y or buyer  at the sale. 
An “original  work of art” means  
 
1. a work  of art that has been created by the a rtist himse lf, 
2. a copy of a work of art that has been  created in a limited number  of copies  by the 
artist  himself or with his or her consent.  
 
The aut hor has no right to remu neration if 
 
1. the sales price,  with the exclus ion of the value added  tax, does not  exceed one  
twentieth of the pr ice basic amount under  Chapt er 2, Articles 6 and 7 of the Code of 
Socia l Securi ty, 
2. the sale  concer ns a copy  of a work of architecture in the form of a building,  or 
3. the sale is under taken by a private  person to a museum that is open for the publ ic 
and that carries  out its activity without  profit -making purposes,  if no art ma rket 
professional  took pa rt in the sale.  
 
Where  only one perso n who is an art market  professi onal took part in the sale  as a 14  
seller, intermediary  or buyer,  the remu neration shall be paid by that perso n. Where more  
than one such person took part in the sale, the remune ration shall be paid by the seller. 
Where  the seller is not an art market professi onal, the remuneration shall instead be paid 
by the in termediary. (Act 2010:1206). 
 
Article 26 o. The remu neration according  to Article  26 n shall be calculated  on the  sales 
price,  with the exclusion  of the value  added tax, and be charged as follows  
 
1. five per  cent of the p art of the sales  price  that does not exceed 50  000 Eu ros, 
2. three per cent of  the part of the sales price  that li es between  50 0 00,01 and  
200 000 E uros,  
3. one per cent of the part of the sales price  that lies between  200 000,01 and 
350 000 E uros,  
4. one half per cent of the part of the sales price  that lies between  
350 000,  01 and 500 000 Euros,  
5. 0, 25 per  cent of the part of the sales price  that exceeds 500 00 0 Euros. 
 
A remu neration under  the first Paragraph may not be charged  by more than 12 
500 Eu ros. 
 
For the purpos es of calculation what shall be paid as a resale  right remu neration, the 
conversion of the  amounts indicated  in the first and second Paragraphs  from  E uros to  
Swedish “kronor” shall be made according  to the exchange rate fixed by the  European 
Central Bank for the date when the sale takes place, or, where the sale does not take 
place  on a day when the Swedish banks are open, the exc hange rate that has been fixed 
for the nearest preceding  date when the Sw edish banks are open. 
 
The right to remu neration is perso nal and must  not be transfe rred or waived. 
Notwithstanding  the provisi ons of Chapter  10, Article  3, first Paragr aph, of the Marriage 
Code, the provisions  governi ng the division of prope rty between  spouses,  inheritance 
and will shall apply  to the right after the death  of the author. (Act 2007: 521).  
 
Article 26 p. Only an organization repres enting a s ubstantial number of authors of works in 
the area concerned which are being exploited in Sweden is entit led to claim the remuneration.  
 Anyone who, in a professional capacity, is active in the art market as a seller, an intermediary 
or a buyer shall at the latest on April 1 give an account to the organisation of the sales gi ving 
rise to remuneration which ha ve been made  during the immediately preceding calendar year. 
For each sale, information shall be provided about the author, the work, the sales price and 
the date of the sale. An account shall be given also if no sales giv ing rise to remuneration have 
been made . 
 
The party liable to pay the remuneration shall pay the remuneration when the organization 
claims it. If no claim has been made in respect of a sale giving rise to a remuneration, the 
party liable to pay the remuner ation shall pay the remuneration t o the organization at the 
latest on May 1 in the year after the sale.  
 
A claim for a resale right remuneration becomes statute -barred three years after the expiry of 
the calendar year when the sale was made if the organiza tion has not before that date clai med 
the remuneration from the party liable to pay the remuneration or indicated to him that the 
debt is due for payment. (Act 2018:604)  
 Article 26 q.  The organization shall pay the resale right remuneration to the person entitled 
to the remuneration after  deduction of the expenses that the organi zation had.  
 15  
The claim of the party entitled to the remuneration against the organization becomes statute -
barred ten years after it came into existence, however only if the organization has undertaken 
reasonable me asures to find the person entitled to the remuneration. (Act 2018:604) . 
 
CHAPTER 3. Transfer of Copyright 
 
General Provisions on Assignments 
 
Article 27. Subject to the limitation which follows from Article 3, copyright may be 
transferred in its totality o r partially. T he transfer of a copy does not include a transfer of the 
copyright. In the case of a portr ait executed on commi ssion, 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 transfe r of copyright in certain specific cases are included in 
Articles 30–40 §. Those provisions apply, however, only in the absence of an 
agreement to the contrary. (Act 1992:1687). 
 
Article 28. In the absence of an agreement to the contrary, the person to whom c opyright 
has been transferred may not alter the work or transfer the right to others. If the copyright 
forms part of a business activity, it may be transferred together with the business activity 
or of a part thereof; however, the transferor remains liable for the fulfilment of the 
agreement. 
 Article 29. If an author  transfers his right to make a work available to the public 
through rental of such recordings to a producer of sound recordings or recordings of 
moving images, the author has  a right to an equitable remuneration. 
 
Contr actual stipulations limiting this r ight are null and void. (Act 1997: 309).  
 Contracts Relating  to Public  Performance,  etc. 
 
Article 30. If the right to 
communi cate a work to the  public  or to perform  it 
publicly  has been transfe rred, the transfer shall be valid for a period of three year s and 
shall not confer exclusivit y. If a longer  term than three years has been  determi ned and 
exclusivity  has been agreed  on, the aut hor may never theless himself  communicate  the 
work or perform  it or transfer such rights to another person, if the right has not been 
exercised wit hin a period of three year s. 
 
The provisions  of this Article do not apply  to cinematographi c works . (Act 2005:309).  
 
On Publishing Contracts 
 
Article 31. By means of a publishing contract the author transfers to the publ isher the 
right to reproduce a literary or artistic work by printing or any similar process, and the 
right to publish it. 
 
A manuscript or other copy from which the work shall be reproduced remains the 
property of the author. 
 
 
Article 32. The publisher has the right to publish one edition, which may not exceed, in the 
case of a literary work, 2 000 copies, in the case of a musical work 1 000 copies, and in the 
case of a work of fine art 200 copie s. 
 
An edition is understood as what the publisher produces at one and the same time. 
 16  
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 publ ishing activities 
to the extent determined by marketing conditions and other circumstances. In the case of 
default in this respect, t he author may rescind the contract and keep the fee received. If 
the author has suffered damage  which is not covered by it, s uch damage shall also be 
compensated. 
 
Article 34. If the work has not been published within two years or, in the case of a mu sical 
work, four years, from  the time when the author delivered a complete m anuscript or other 
copy for reproduction, the author may, even if there is no fault on the part of the publisher, 
rescind the contract and keep the fee received. The 
same applies when the copies of the work are exhausted and the publisher is enti tled to 
publish a new edition but fails to do so within one year from the time when the author 
requested him to do so.  
 
Article 35. The publisher shall provide the author with a certificate from the printer or 
whoever else reproduce s the work concerning the number of copies produced. 
 
If, during a financial year, sales have been made f or which the author is entitled to a fee , 
the publisher shall, within nine months from th e end of that year, render account to him 
stating the sale during the year and the number in stock at the end of the year. Even 
otherwise, the author has after the expiry of the term for the account a right to obtain, 
upon request, a statement concerning  the number in stock at the end of the year. 
 
Article 36. If the produ ction of a new edition is comme nced 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 publis h the work again in the form or manner 
covered by the contract, before the edition or editions which the publisher is entitled to 
publish have been exhausted. 
 
When fifteen years have elapsed from the commencement of the publication, the author is, 
however, entitled to include a literary work in an edition of his collected or selected 
works. 
 
Article 38. The provisions concerning publishing contracts do n ot apply to contributions 
to newspape rs or periodicals. Articles 33 and 34 do not apply to contributions to other 
composite works. 
 
On Film Contracts 
 
Article 39. A transfer of the right to record a literary or artistic work in a film includes the 
right to make the work available to the public, through the film, in cinemas, on television or 
otherwise and to make, in the film, spoken parts available in textual form or to translate them 
into another language. This provision does not apply to musical works. (Act 1973:363). 
 
Article 40. If the right to use a literary or musical work for a film intende d for public 
showing is transferred, the transferee shall, within a reasonable time,  produce the film and 
see to it that it is made a vailable to the public. If this is not done, the author is entitled to 
rescind the contract and keep the fee received. If the author has suffered damage which is 
not covered by it, also such damage shall be compensated. 
 
If the cinematographic work has not been recorded within five years from the time when 
the author fulfilled his obligations, the author is entitled to re scind the contract and keep the 
fee received, even if there is no fault on the part of the transferee. 17  
On Computer Programs Created in Employment Relations 
 
Article 40 a. Copyright in a computer program create d by an employee as a part of his 
tasks or following instructions by the employer is transferred to the employer unless 
otherwise agreed in contract. (Act 1992:1687). 
 
On Transfer of Copyright at the Death of the Author, etc. 
 
Article 41. Notwithstandin g the provisions in Chapter 10, Article 3, first Paragraph, of the 
Marriage Code the provisions governing the division of the joint property of the spou ses, 
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 m anner other 
than that in which it has been previously exploited. 
 
The author may, with binding effect for the surviving spouse and heirs of his body, give 
directions in his will concerning the exercise of copyright or authorize somebody  else to give 
such directions. (Act 1987:800). 
 
Article 42. Copyright shall not be subject to legal seizure as long as it remains with the 
author or with any other person who has acquired the copyright by virtue of division of 
the joint property of spo uses, inheritance or will. The same shall apply to manuscripts and to 
such works of art which have not been exhibited, placed on sale or otherwise approved for 
being made a vailable to the public. (Act 1987:800).  
 
CHAPTER  3 a. On Extended Effect of Collective  Licenses  
 
Common Provisions concerning Extended  Effect of Collective Licenses 
 
Article 42 a. An collective license with extended effect referred to in Articles 42 b – 42 h 
applies to the exploitation of wor ks in a specific manner, when an agreement has been 
concluded concerning the exploitation of works in this manner with an organization 
representing a significant number of authors of wor ks in the field concerned which are 
being exploited in Sweden. The ext ended collective license confers to the user the right to 
exploit works of the kind referred to in the agreement despite the fact that the authors of 
those works are not represented by t he organization, In order for a work to be exploited 
pursuant to Artic le 42 c, the agreement with the organization shall have been concluded by 
someone who carries out educational activities in organised forms.  
 The conditions for the exploitation of the w ork that follow from the agreement apply. In 
respect of the remunerati on deriving from the agreement and in respect of other benefits 
from the organization which are essentially paid for out of the remuneration, the author 
shall be on an equal footing with th e authors represented by the organization. 
Notwithstanding what has  been said now, the author has, however, always a right to 
remuneration relating to the exploitation, provided that he or she forwards the claim  within 
three years from the year in which the work was exploited. Claims for remuneration may be directed only towards the organization.  
 As against the user exploiting a work pursuant to Article 42 f, claims for remuneration may 
be forwarded only by the contracting organizations. All such claims shall be forwarded at the 
same time. (Act  2013:691).  
Extended C ollective L icense for P ublic Authorities, E nterprises and O rganizations etc.  
 Article 42 b. The “Riksdag” ( Parliament ), decision -making municipal assemblies, 
governmental and municipal authorities as well as enterprises and organizations may, in 
order to sati sfy the need for information within their field of activities, prepare  copies of, 
and communicate and perform, lite rary works and works of fine art which have been made 
public, if an extended collective license applies pursuant to Article 42 a.  18  
The provis ions of the first Paragraph do not apply if the author has filed a prohibition 
against the reproduction, communicat ion or performance to  any of the contracting parties. 
(Act 2013: 691).  
 
Extended Collective License for Ed ucational  Activities 
 Article 42 c. Copi es may be made  for educational  purpos es of works which have been  
made  public, if an extended collect ive license applies pursuant to Article  42 a. The copies  
may be used only in educa tional activities cover ed by the agree ment cons tituting  the basis  
for the application of t he exte nded collective  license. 
The provisions  of the first Paragraph  do not apply if the aut hor has filed 
a prohibition 
against  the reproduction  to any of the co ntracting parties. (Act 2005:359).  
 
Extended C ollective L icense for C ertain Archives and Libraries  
 
Article 42 d. Archives and libraries are entitled to prepare  copies of works that form part of 
their own collections and make available to the public such works which have been made public, if an extended collective license applie s pursuant to Article 42 a.  
 The provisions of the first Paragraph do not apply if the author has filed, to  any of the 
contracting parties, a prohibition  against the making of copies or the making available or if there are , on other grounds , special reaso ns to assume that the author object s to the 
exploitation. ( Act 2017:323 ). 
 
Extended C ollective L icenses for R adio and Television  
 
Article 42 e. A sound radio or t elevision organization is entitled to broadcast literary and 
musical works which have been mad e public and works of fine art which have been made 
public, if an extended collective license applies pursuant to Article 42 a. If the work forms 
part of a radio or t elevision program broadcast by the organization, the organization is also 
entitled to communicate the work to the public in such a way that members of the public 
can access it from a place and at a time chosen by themselves. The organization is also 
entitled to prepare copies of the works necessary for the communication.  
 The provisions of the first Paragraph do not apply to works made for the stage, nor to 
other works if the author has filed a prohibition against the broadcast or the 
communication to  any of the contracting parties or if there are , on other grounds , special  
reasons to assume tha t the author objects to the exploitation. The provisions of the first 
Paragraph do not apply to re -transmissions referred to in Article 42 f.  
 In respect of transmission via satellite, the extended collective license applies only if t he 
broadcasting organi zation 
simultaneously carries out a broadcast through a terrestrial 
transmitter.  (Act 2013:691).  
 
Article 42 f. Anyone  is entitled to transmit  to the public  (re-transmi t), simulta neously 
and in an unaltered form,  by wireless means or by wire, works whi ch form part of a 
wireless sound radio  or television  broadcast,  if an extended collec tive license  applies 
pursuant  to Ar ticle 42 a. 
 
 
The provisions  of the first Paragraph  do not apply to wo rks where the re- 
transmi ssion rights belong to the sound radio  or television  organization  which carries 
out the or iginal transmission.  (Act 2005: 359). 
 
Article 42 g. A sound radio  or television organi zation is, if an extended collective  license  
applies  under  Article  42 a, entitled to c ommunicate  to the public  works which have been  
made  public,  if the works form  part of the organi zation’s own productions  or of 
produc tions commissio ned by the organi zation and which have been  broadcast  before July 
1, 2005. The organi zation  may also prepare such  copies  of the wor ks necessary for the 19  
commu nication. 
 
The first  Paragraph  does not apply  if the author  has, to any of the con tracting parties, filed 
a prohibition against  the communica tion or the reproduction or  if there are , on other 
grounds, special reasons  to assume  that the au thor objects to the  exploitatio n. (Act 
2011: 94). 
 
General extended collective license  
 Article 42 h. Anyone is entitled to, within a specifically delimited area of exploitation, 
prepare  copies of works or make available to the public works which  have been made 
public also in cases other than those referred to in Articles 42 b – 42 g if an extended collec tive license applies pursuant to Article 42 a and a prerequisite  for the exploitation is 
that the user , through the agreement with the organi zation , is conferred a  right to exploit 
works of the kind referred to in the agreement despite the fact that the au thors of the works 
are not represented by the organi zation.  
 
The provisions of the first Paragraph do not apply if the author has filed to  any of the 
contracting parties a prohibition against the reproduction or the making available or if there 
are, on other grounds , speci al reasons to assume that the author objects to  the exploitation. 
(Act 2013:691).  
 
CHAPTER  4. Term of Copyright 
 
Article 43. Copyright in a work  subsist s to the expiry of the seventieth year after the year in 
which the author deceased or, in the case of a work referred to in Article 6, after the year in which the last surviving author deceased.  
 Instead of what is prescribed in the first Paragraph,  copyrig ht subsists in respect of  
 
1. a cinematographic work, to the expiry of the seventieth year after the year of the death 
of the last deceased of one of the following persons, namely the principal director, the 
author of the screenplay, the author of the  dialogu e and the composer of the music 
specifically created for the work, and  
2. a musical work accompanied by text , to the expiry of the seventieth year of the year of 
the death of the last deceased of the composer and the author of the lyrics if the music and the text  have been created specifically for the work.  (Act 2013:691) . 
 
Article 44. In respect of a  work which has been made public without mention of the 
author's name or generally known pseudony m or signature, copyright shall subsist until the 
e
xpiry of the seventieth year after the year in which the work was ma de public . If the work 
consists of two or more interconnected parts, the term shall be calculated separately for each 
part. 
 
If the author reveals his identity within the term mentioned in the first Paragraph, the 
provisions of Article 43 apply. 
 
In respect of works which have not  been made public and whose author is not known, 
copyright subsists until the expiry  of the seventieth year after the year in which the work 
was created. 
 
Article 44 a. If a work has not been published within the term referred to in Articles 43 or 
44, the person who thereafter for the first time publishes or makes pub lic the work shall 
benefit from a right in the work corre sponding to the economic rights of copyright. The right 
subsists until the expiry the twenty-fifth year after the year in which the work was published or 
made public. (Act 1995:1273). 
 20  
CHAPTER 5. Certain Rights Neighbouring to Copyright 
 
Performing Artists 
 
Article 45.  Subject to the limitations prescri bed in this Act, a performing artist has an 
exclusive right to exploit his performance of a literary or artistic work or of an expression of 
folklore, by  
 
1. fixing the performance on a gramophone record, a film or another material support 
from which it can be perceived,  
2. making copies of a fixation of the performance, and  
3. making the performance or a fixation of it available to the public.  
 The rights referred to in the first Paragraph, items 2 and 3, subsist to the expiry of the 
fiftieth year after  the year in  which the performance took place. If the recording has been 
published or made public within fifty years from the performance, the rights apply instead until the expiry of the fiftieth or, in respect of sound recordings, seventieth year after  the 
year in w hich th e recording was first published or made public.  
 
The provisions of Article 2, second -   fourth Paragraphs, 3, 6 -  9, 11 – 12 and 16, 16 a, third 
Paragraph, 17  - 17 c, 17 e , 21, 22, 25 - 26 b, 26 e, 26 k -  26 m, and 27 -  29, 39, first sentence, 
and 4 1 – 42 h shall apply in respect of performances referred to in this Article.  
 When a copy of a recording under this Article has been, with the consent of the performing 
artist, transferred within the European Economic Area, that copy may be distributed 
further.  
 The provisions of the fourth Paragraph do not confer a right to make available to the public  
 
1. copies of a recording, through rental or other similar legal acts, or  
2. copies of a film or another material support on which moving images have been record ed, thr ough lending. (Act 201 8:1099) . 
 Article 45 a.  If a performing artist holding  the right in a sound recording pursuant to 
Article 45, has transferred this right to a phonogram producer against a one -off 
remuneration, the performer has a right to obta in a separate  remuneration from the 
producer (supplementary remuneration) f or each y ear following the fiftieth year after the 
year when the recording was first published or, if it has not been published, the year 
when it was first made public. If two or more artists having a right to a supplementary 
remuneration have executed the performance together , the remuneration is due to them 
jointly.  
 
The supplementary remuneration shall correspond to twenty per cent of the revenue that 
the producer has derived from  the right to exploit the recording. The revenue from 
rental of the recording or fro m remuneration to the producer pursuant to Article 26 k or 
Article 47 shall, however not be taken into account in the calculation.  
 Any contractual provision limiting the r ight of the performer under this Article is null 
and void.  (Act 2013:691).  
 
Article 45 b . Only an organi zation representing a substantial number of performing artists 
having a right to remuneration in the field concerned is entitled to claim the supplement ary 
remuneration pursuant to Article 45 a. The organisation shall claim the remuneration and 
distribute it between those entitled to it after deduct ion of  compensation to the 
organi zation for its expenditure . In respect of the distribution, performers who are not 
represented by the organisation shall be on an equal footing with pe rformers represented by 
the organi zation.  21  
At the request by the organi zation the producer shall provide the basis needed for the 
calculation of the remuneration.  (Act 2013:691).  
 
Article 45 c. If a performing artist holding the right in a sound recording pursuant to 
Article 45 has transferred this right to a phonogram producer against a recurring 
remuneration, the performer has, after the fiftieth year after the year when the recor ding 
was first published, or if has not been published, the year w hen it was first made public, a 
right to a payment , without deduction of any advance payment or deduction for any other 
reason. A deduction may, however, be made if the performer has explici tly approved it. 
(Act 2013:691).  
 Article 45 d . If a performing artist holding the right in a sound recording pursuant to 
Article 45 has transferred this right to a phonogram producer, the performer has, after the fiftieth year after the year in which the recording was first published or, if it has not been 
published, the year in which it was first made public, a right to revoke the contract, if  
 
1. the producer does not offer copies of the phonogram for sale in sufficient number 
of copi es and makes it available to the public in such a way that members of the 
public may access it from a place and at a time individually chosen by them, and  
2. the performer has invited the producer to make the recording available to the public 
in the way prescribed under 1 and the pr oducer fails to do so within one year from 
the invitation.  
 
If two or more performers have executed the performance jointly and transferred their 
rights in the recording to the producer, they may only jointly file an invitation and the 
revocation declarati on. 
 
If the contract is being revoked , the per former is entitled to keep the remuneration 
received.  
 
Any contractual stipulation limiting the right of the performer under this Article is null and 
void. (Act 2013:691).  
 Producers of Recordings of Sounds and  of Images  
 Article 46.  Subject to the limitations prescribed in this Act, a producer of recordings of 
sounds or of moving images has an exclusive right to exploit his recording by  
 
1. preparing  copies of the recording, and  
2. making the recording available to t he public.  
 
The rights referred to in th e first Paragraph subsist until fifty years have elapsed after  the 
year in which the recording was made. If a sound recording has been  
published within this period, the rights subsist, instead, until the expiry of t he seventieth 
year after  the year in whi ch the sound recording was first published. If the sound recording 
has not been published during the said period but is made public during the sa me period, 
the rights subsist, instead, until the expiry of the seventi eth year after the year in which the 
sound recording was first made public. If a contract has been revoked  pursuant to Article 
45 d, the rights do not, however, apply any longer. If a recording of moving images has been published or made public within fift y years from the recording, the rights under the 
first Paragraph subsist until fifty years have elapsed from the year in which the recording of moving images was first published or made public.  
The provisions of Article 2, second -  fourth Paragraphs, 6 -  9, 11, second Paragraph, 11 a, 
12 and 16, 16 a, third Paragraph, 17 – 17 c, 17 e , 21, 22, 25 -  26 b, 26 e, 26 k -   26 m and 42 
a – 42 h shall apply in respect of recordings referred to in this Article. Furthermore, in respect of sound recordings what is pre scribed for cinematographic works in Art icles 16 a 
and 16 b and 16 c, first, second and fourth to sixth Paragraphs, shall apply.  22  
When a copy of a recording pursuant to this Article has been, with the consent of the 
producer, transferred within the Europe an Economic Area, that copy may be distr ibuted 
further.  
 
The provisions of the fourth Paragraph do not confer a right to make available to the public  
 
1. copies of a recording through rental or other similar legal acts, or  
2. copies of a film or other material su pport on which moving images have been 
recorded, through lending . (Act 201 8:1099).  
 
Use of Sound Recordings for Public Performance, etc.  
 Article 47.  Notwithstanding the provisions in Article 45, first Paragraph, and Article 46, 
first Paragraph, sound rec ordings may be used  
 
1. for a public performance, or  
2. for a communication to the public, except in cases where the communication occurs in such a way that members of the public may access the sound recordings from a 
place and at a time individually chosen by th em. 
 When an exploitation referred to in the first Paragraph  occurs , the producer and the 
performing artists whose performances appear in the recording, have a right to remuneration. Where two or more performing artists have executed the performance 
togeth er, their right may only be claime d by them jointly. Against the user of the recording, 
the claims of the performers and those of the producer shall be forwarded at the same time.  
 
If a sound recording is used for a communication in the form of a wireless sound radio or 
television broadcast which is re -transmitted to the public by wireless means or by wire 
simultaneously and without alteration (re -transmission) the following applies. Against the 
party carr ying out the retransmission, the claim for remunerat ion may be forw arded only 
through organi zations represent ing a significant number of performing artists or producers 
whose performances or recordings are being exploited in  Sweden. The organizations shall 
forward their claims at the same time as the claims  referred to in  Article 42 a, third 
Paragraph.  
 The provisions in Article 11, second Paragraph, shall apply in the cases referred to in this 
Article  
 This Article does not apply to sound films. (Act: 2013:691).  
 Sound Radio and Television Organizations  
 Article 48.  Subject to the limitations prescribed in this Act, a sound radio or t elevision  
organization has an exclusive right to exploit a sound radio or television broadcast by  
 
1. fixing the broadcast on a material support from which it can be perceived,  
2. preparing  copi es of a recording of the broadcast,  
3. distributing copies of a recording of the broadcast to the public,  
4. permitting a re -broadcast or a communication to the public in places accessible to 
the public against the payment of an entrance fee, or  
5. permi tting that a fixation of the broadcast be communicated, by wire or wireless 
means, to the public in such a way that members of the public may access the recording from a place and at a time individually chosen by them.  
 The rights referred to in the first Paragraph, items 2, 3 and 5, subsist until the expiry of the 
fiftieth year after the year in which the broadcast took place.  
 23  
The provisions of Article 2, second Paragraph, 6 -  9, 11, second Paragraph, 11 a, 12 and 16, 
16 a, third Paragraph, 17 – 17 c, 17 e , 21, 22, 25 -  26 b, 2 6 e, 42 a, 42 b, 42 d, 42 g and 42 h  
shall apply in respect of sound radio and television broadcasts referred to in this Article.  
When a copy of a recording referred  to in this Article has been, with the consent of the 
organization, transferred within the European Economic Area, that copy may be distributed 
further.  
 If a sound radio or t elevision organization has a claim for remuneration for a retransmission 
referred to in Article 42 f and which has been carried out with the consent of the organization, the organization shall forward its claim at the same time as the claims referred 
to in Article 42 a, third Paragraph. (Act 201 8:1099) . 
 
Article 48 a. If a television organization has an exclusive right to broadcast an event of 
signific ant public interest, other television organizations established within a country 
member of the European Economic Area may, notwithstanding Article 48, make use of extracts from the television broadcast of the event in its own television broadcasts constitu ting general news programs. The television organization may also make use of the 
extract when a recording of the news program is later made available to the public in such a way that members of the public may access the recording from a place and at a time  
individually chosen by them.  
The extract m ust not be longer than what is justified by the information purpose. Nor may 
any use be made of it for a longer time after the event than may be justified by the news 
interest.  
The provisions in Article 11, second Paragraph, shall apply in the cases referred to in the first Paragraph . (Act 2010:697).  
Producers of Catalogu es, etc. 
 
Article 49.  Anyone who has produced a catalogue, a table or another similar product in 
which a large number of information items have been compiled or which is the result of a 
significant investment, has an exclusive right to prepare  copies of the product and to make 
it available to the public.  
 
The right under the first Paragraph subsists until fifteen years have elapsed from the year in  
which the product was prepared. If the product has been made available to the public within fifte en years from its preparation, the right shall, however, subsist until fifteen years 
have elapsed from the year in which the product first was made available to the public.  
 
The provisions of Article 2, second -  fourth Paragraphs, 6 -  9, 11, second Paragra ph, 12, 
first, second and fourth Paragraphs, 14 and 16, 16 a, third Paragraph, 17 – 17 c, 17 e, 18 -  
22, 25  -   26 b and 26 e,  26 g, fifth and sixth Paragrap hs and  Articles 42 a – 42 h shall apply 
to products referred to in this Article. If a product of this kind, or part of it, is the subject of copyright, also this right may be claimed.  
Any contractual stipulation extending  the rights of the producer pursuant to the first 
Paragraph in respect of a product which  has been made public is null and void.  (Act 
2018 :1099).  
 
Photographers 
 Article 49 a.  Anyone who has prepared a photographic picture has an exclusive right to 
prepare  copies of the picture and to mak e it available to the public. The right applies 
regardless of whether the picture is used in its original form or an altered form and regardless 
of the technique used.  
 24  
As a photographic picture is considered also a ny pictu re that has been prepared by a pr ocess 
analogous to photography.  
The right under the first Paragraph subsists until fifty years have elapsed after the year in 
which the picture was prepared.  
 The provisions of Articles 2, second -  fourth Paragraphs, 3, 7 -  9, 11 and 11 a, 12, first and 
fourth Paragraphs, 16, 16 a, third Paragraph, 17 – 17 c, 17 e, 18 -  21, and 23, 24, first 
Paragraph, 25 -  26 b, 26 e, 26 k – 28, 31- 38, 41 – 42 h and 50 – 52 shall apply to pictures 
referred to in this Article. If such a picture is the subject of copyright,  also this right may be 
claimed . (Act 201 8:1099).  
 
CHAPTER 6. Special Provisions 
 
Article 50. A literary or artistic work may not be made available to the public under such a 
title, pseud onym or signature that the work or its author may be easily confused with a work 
which has previously been made available to the public, or with its author. 
 
 
Article 51. If a literary or artistic work is presented  in a manner which violates cultural 
interests, a Court may, upon an ac tion by an Authority appointed by the Government, issue 
an injunction prohibiting such use, with a  penalty of a fine. This provision shall not apply to 
presentations during the lifetime of the author. (Act 1978: 488). 
 
Article 52. Together with t he adjudication of a fine, the Court may prescribe reasonable 
measures in order to prevent misuse of copies covered by an injunction u nder Article 51 
and devices which can be used only for the preparation of s uch 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 seized awaiting the 
measures mentioned in that Article; the general provisions on custody in criminal 
cases 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 carryi ng out transmissions within the European Economic Area but is denied 
such an agreement on the terms requested, is, upon r equest, entitled to negotiations with 
the organization or the sound radio or television organization, respectively. 
 
A party which has a duty to participate in such negotiations shall personally or through a 
representative attend a meeting for such negotiations and, if this is dee med necessary, put 
forward a reasoned proposal for the solution of the question which the negotiation 
concerns. The parties may agree on another form for negotiations 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 wh at 
extent a damage has been caused to someone, also his interest in that the provision is applied 
and circumstances other than such of a purely economic character shall be taken into 
account. (Act 1995:447). 
 
  25  
CHAPTER  6 a. On the Protection of Technolo gical Measures,  etc. 
 
Introductory  Provisions 
 
Article 52 b. This Cha pter contains provisi ons on the pr otection  of technological 
measures  and of electr onic infor mation on the management  of rights. 
 
The expressi on “Tec hnological  measure”  as used in this Chapt er, means any effec tive 
technology,  device  or component  designed  to prevent  or restrict, in the normal  course  of 
its operation, the reproduction  or the m aking available to the public  of a work protected 
by copyright  without  the consent  of the author  or his successor  in title. 
 
The expressi on “Informa tion on the management  of rights” means  any infor mation, also in 
the form  of numbers  or codes,  that is linked to a copy  of a copyright -protecte d work  or 
appears  in conn ection with the communica tion to the public  of such a work  and which aims 
at ident ifying the work or the author or his successor  in title or  at informing  about the 
condit ions of use of  the work. The informa tion shall have been  provided by the author or 
his successor  in title. (Act 2005:359).  
 
Article 52 c. The provi sions on protec tion of technological  measures  in this Cha pter do not 
apply  if the work is a computer  programs.  Nor do they apply  to the maki ng available  of official  
docum ents pursuant  to Chapter  2 of the Freedom  of the Press Act,  to such  use of works in 
the interest of the administ ration of justice or of public secur ity referred to in Article  26 b, 
second  Paragraph,  or to resear ch into crypto graphy . 
 
The Act  (2000:1 71) on  Prohibition of Certain Decoding  Equipment  contains provisi ons 
aiming  at preventing unaut horized  access  to certain services. As regards  technological 
measures  or arrang ements used in conn ection with such services in  the fo rm of sound 
radio  or television bro adcasts  referr ed to in Article  2, item 1, in  that Act, the provisions  
on tec hnolog ical measures  in this Chapter do not apply.  (Act 2005:359) . 
 
On the Protection  of Technological  Measures  
 
Article 52 d. It is prohibited to circumven t, without the consent  of the author or his 
success or in title, any digital or analogue lock which prevents or limits  the preparation of  
copies of a work protected  by copyright,  to circumvent  a technolog ical process,  such as 
encryption,  that prevents or  limits  the m aking available to the public  of a work prote cted 
by copyright,  or to circumvent  any other t echnolog ical measure  that prevents  or limits  
such acts of making available.  
 
The provisions  of the first Paragraph  do not apply when someone,  who in a lawful way has 
access to a copy of a work  protec ted by copyright,  circumvents  a technological  measure  in 
order to w atch or listen to the wor k. (Act 2005:359).  
 
Article 52 e. It is prohibited to manufactu re, import, transfer, distri bute by, for 
instance, sale or rental, or to pos sess for commercial  purpos es any devices, products  
or component s, or to make available  services, whi ch 
 
1. are advertised  or marketed for circumve ntion of a technological  measure,  
2. other t han to circumvent  a technological  measure,  have only  a limited  interest f rom a 
commercial  point  of view, or a limited  scope of commercial  use, or 
3. are primarily designed,  constructed, adapted or produced for enabling  or facilit ating 
a circumvention  of a technological  measure.  (Act 2005:359).  
 
  26  
On the Rig ht to Use, in Certain Cases,  Works Protected by Technological  Measures  
 
Article 52 f. Anyone  who,  pursuant  to the pr ovisions  in Articles  16, 17, 17 a, 17 e, 2 6, 26 
a or 26 e, may  exploit a work prote cted by copyright  is entitled to ma ke use of  a copy  of a 
work to which he la wfully has access  as referr ed to in the rel evant provisi on, 
notwith standing the fa ct that the copy is protec ted by a technological  measure.  
 
Where a technological  measure  prevents such  a use, a Court may, at the request by  a user 
entitled to that use, order,  with a penalty of a fine, the author or his successor  in title to 
make it possible for the user  to expl oit the work in the way pres cribed in the provi sion 
referred to. 
In respect of wo rks that have been  made  available  to the public  in accordance  with agreed  
contractual stipulations  in a way that makes it possible for members  of the public  to get 
access  to the wo rk by means of a communicat ion from a place  and a time that they 
themselves have chosen , the first and second Paragraphs apply only to use pursuant to 
Articl e 17 or 17 a . (Act 2018:1099).  
 
On the Protection  of Electronic Rights Management Information 
 
Article 52 g. It is, without the con sent by the author or his successor  in title, 
prohibited to 
 
1. remove or  alter any electro nic rights manag ement  information relating to a w ork 
prote cted by copyright,  
2. exploit  a work prote cted by copyright,  or a copy of it, that has been altered in violation  
of item 1, by  distributing  it, importing it for distribution or communica ting it to the 
public.  
 
The provis ions of the first Paragraph  apply  only if the meas ure under taken induces,  
enables,  facilit ates or conceals an infringement  of a right protec ted under  this Act. 
(Act 2005:359).  
 
On the A pplication of the Provisions on Neighbouring Rights 
 Article 52 h. The provisions  in this Chapt er relating to works shall apply cor respondingly  
to subject matter  protec ted pursuant  to Ar ticles 45, 46 and 48 as  well as to such  
compilations  and photogr aphs which are protec ted under Articles  49 and  49 a. (Act 
2005: 359). 
 
CHAPTER 7. On Criminal and Civil Liability 
 
Article 53. Anyone who,  in respect of a  literary or artistic work, commits an act whi ch 
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, if the act is committed intentionally  or by gross negligence, is punishable  for cop yright 
violation  with  a fine or imprisonment for up to two years.  This also appl y if someone brings 
in a copy of a work  into Sweden with the aim to distribute  it to the public, if the copy has been 
produced  abroad and the corresponding production here would have been punishable under 
the first sentence.  
 
If the violation  was committed  intentionally  and is considered serious , the person is 
punishable  for s erious  copyright violation  with  imprisonment for a minimum of  six months 
up to a maximum of  six years.  When assessing whether the violation  is serious , particular 
consideration has to  be given to whether the act concerned  
 
1. has been preceded by particular  planning,  
2. was part of criminal activities conducted in an  organised form,  27  
3. was conducted on a large scale , or  
4. was otherwise of a particularly dangerous nature.  
 
Anyone who for his personal use reproduces  a computer program which has been 
publis hed or of which a copy has been transferred with the consent  of the author shall 
not be subject to criminal liability, if the master copy for the reproduction is not being 
used in commercial or public activities and he or she does not use the copies produce d of 
the computer program for any purposes other than his or her p ersonal use. Anyone who 
for his or her p ersonal  use has made a copy in digital form of a compilation in digital form 
which has been made the public shall, under the same conditions, not be subject to criminal 
liability for the act. 
 
Anyone who has violated an injunction issued with a  penalty of a fine pursuant to Article 53 b, 
must not be held liable for infringements covere d by the injunction. 
 
Responsibility is assigned under Chapter 23 o f the Criminal Code for attempting to commit 
or prepar ation of  copyright violation  or serious  copyright violation. (Act 2020:540)  
 
Article 53 a. Property in respect of which a  violation has occurred pursuant to this Act shall 
be declared forfeited, if this is not considered obviously unreasonable. Instead of the 
property itself, its value may be declared forfeited. Also profits from such a violation shall be 
declared forfeited, if this is not obviously unreasonable. The same applies to what someone 
has received in compensation for costs related to suc h a violation, or the value of what has 
been received, where the act of receiving constitutes a violation pursuant to this Act. 
 
Property that has been used as a tool in a violation under this Act ma y be declared forfeited, 
where this is needed in order to prevent violations or where there are otherwise special 
reasons. The same applies to property intended to be used as a tool in such a violation, where 
the violation has been completed  or has constituted a punishable attempt or a punishable 
preparation. Instead of the property itself, its value may be forfeited. (Act 2005: 360) 
 Article 53 b. Upon a claim  by the author or his or her successor in
 title or by a party that, 
pursuant to a license , has the right to exploit the work, the Court may issue an injunction 
with a  penalty of a fine, prohibiting  a party that commi ts, or contributes to, an act 
constituting an infringement or a violation referred to in Article 53 to continue that act. 
 
If the plaintiff shows a probable cause that an act constituting an infringement or a violation 
referred to in Article 53, or a contribution to that act, takes place and if it can reasonably be 
expected that the defendant, through the continuation of the act, or the contribution 
thereto, diminishes the value of the exclusive right conferred by copyright, t he Court may 
issue an injunction with a  penalty of a fine, 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 of damage. 
 
The provisions in the first and second Paragraphs apply also to acts constituting attempts, 
and to preparatory acts, relating to infringements or violations referred to in Article 53. 
 
An injunction mentioned in the second Paragraph may be issued only if the plaintiff deposits 
a security at the Court for the damage that may be caused to the defendant. If the plaintiff is 
not capa ble of depo siting such a security, the Court may liberate him or her from it. In 
respect of the type of security, the provisions of Chapter 2, Article 25, of the 
Enforcement Code  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 an injunction  issued pursuant 
to the second Paragraph shall continue to apply. 
 
In respect of appeals against decisions under the second or fourth Paragraph and in respect of 28  
the proceedings in higher Courts the provisions on appeal against decisions in Chapter 15 of 
the Code of Judicial Procedure apply. 
 
A claim for th e adjudication of  a fine is brought by the party that applied for t he 
injunction. (Act 2016:190)  
 
Article 53 c. If the applicant shows  a probable  cause  that someone  has commit ted an 
infringement  or a violation referred to in Article 53, the Court  may order,  with a  penal ty of a 
fine, one or several  of the parties referred to in the second Paragraph  to provide  
informa tion to the applicant  concerning  the origin  of, and distribution netwo rks for, the 
goods  or services  in respect  of which the infri ngement  or the violation has been 
commit ted (order  to provide  information). S uch an order may be issued upon a  claim by the 
author or the successor  in title of the author or by a party that, pursuant to a  license,  has 
the right to exploit  the work. It may be issu ed only if it can be assu med that the 
informa tion would facilit ate an inquiry  into the infringement  or the violation  related to the 
goods  or services.  
 
The obli gation to pr ovide  informa tion relates to any party that 
 
1. has commit ted, or contributed to, the infrin gement  or commit ted, or 
contributed to, the vio lation, 
2. has on a commercial  scale been exploiting  the goods that the infringeme nt or  the 
violati on concern s, 
3. has on a commercial scale  been exploiting  the service  that the infringeme nt or  the 
violati on concern s, 
4. has on a commercial  scale made availab le an electr onic communica tion service or  
another service that has been used in the infringement  or the vi olation, or 
5. has been indicated  by a party referred to in items  2 to 4 as being  involved  in the 
produc tion or  distribution  of the goods, or  the making available  of the service, t hat 
the infringement  or the viola tion concern s. 
 
The infor mation on the origin or  distribut ion network of goods or  services  may include , 
in particular, 
 
1. the names and addresses  of producers,  distributors,  suppliers  and others who 
have previous ly held the goods  or made  available  the services,  
2. the na mes and addresses  of intended wholesalers  and retailers,  
3. informa tion on how  much  has been  produc ed, delivered, received  or ordered and 
the pri ce obtained for the goods  or services.  
 
The provisions  in the first to third Paragraphs  apply  also to acts consti tuting 
attempts,  and to preparatory  acts, relating to infri ngements or violations referr ed to in 
Article  53. (Act 2009: 109). 
 
Article 53 d. An order  to provide  informa tion may be issued only if the reasons speaki ng 
in favor of  the measure  outweigh the inconvenience or other harm that the measure  
would cause  to the party  against  which  it is direc ted or to any other  opposite  interest. 
 
The obligation to provide  information pursuant to Article  53 c does not include 
informa tion the revelation  of which would disclose that the provide r of the informa tion 
or any per son closely  related to him or  her as referr ed to in Chap ter 36, Article  3, of the 
Code  of Judicial  Procedure  has commit ted a criminal offence. 
 
The Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 
April 2016 on the protection of natur al persons with regard to the processing of 
personal data and on the free movement of such data and repealing Directive  
95/46/EC (General Data Protection Regulation) contains provisions limiting the that 29  
may be made of personal data received. (Act 2018:272 ). 
 
Article 53 e. If an application for an order to provide information is directed against 
the applicant´s opposing party in a case related to an infringement or a  violation, the 
provisions on court procedures for that case apply. Decisions on orders to provide information may be appealed separately.  
 
If the application for an order to provide information is directed against a party other 
than the one referred to in the first Paragraph, the provisions in the Act (1996:242) 
on Court Matters shall apply. The  Court may decide that each party shall bear its own 
litigation costs. 
 
A claim  for the adjudication of a fine may be brought  by the party that has 
applied for the order  (Act 2016:190).  
 
Article 53 f. A party that pursuant  to the provisions  in Article  53 c, second Paragraph,  
items  2 to 5, has been ordered  to provide  informa tion pursuant  to the fi rst Paragraph  of the 
same  Article, is entitled to  a reasonable  compensation for the costs and inconvenien ce 
caused. The compensation shall be paid by  the par ty that has applied  for the order  to 
provide  informa tion. 
 
A party that ma kes available  an electro nic communica tion service  and which has, pursuant  
to an order  to provide  informa tion, delivered  informa tion referred to in Chapt er 6, Article  
20, of the Act (2003:389) on Electronic  Communica tions, shall send a written notice on 
this to the person  whom the  information concer ns not earlier  than one mon th and not 
later than three months from the delivery of the  infor mation. Costs for the notice  shall 
be comp ensated  in accordance with t he first  Paragraph.  (Act 2009:109 ). 
 
Article 53 g. In addition to what is provided in Chapter 8, Articles 8 and 9, of the Act 
(2018:218) with A dditional P rovisions to the EU General Data Protection Regulation,  
personal  data on violations  of the law constituting  criminal offen ces pursuant  to Article  
53 may be processed  if this is necessary  for a  legal claim to be  establ ished, asserted  or 
defended (Act 2018: 272) . 
 
Article 53 h. Upon a claim by the  plain tiff the Court may, in cases  concerning  
infringements or violations referr ed to in Article  53, order  the party  that has commit ted, 
or cont ributed to, the infringement  or commi tted, or contributed to, the violation  to pay 
a pecuniary  compensation  for appropriate  measures  to dis semina te information about  the 
judgment in the cas e. 
 
The provisions  in the first Paragraph  apply  also to acts constituting attempts, and  to 
preparatory acts, referr ed to in Article  53. (Act 2009: 109). 
 
Article 54. Anyone  who exploits  a work in violation of this Act or of directions pursuant  
to Article  41, second Paragraph,  shall pay to the author or his or her successor  in title a 
reasonable  compensation  for the exploitation. 
 
Where  it has been carried out willfully or by negligence, compen sation shall be  paid 
also for the further damage that the infringement  or the violation has  caused.  When 
the amount  of the compensation is determined , special  considera tion shall be given to 
 
1. lost profit,  
2. profit  made by  the party committ ing the infringement  or the viola tion 
3. damage  caused  to the reputat ion of the wor k, 
4. moral damage,  and 
5. the interest of the author or the right holder in that infringemen ts are not 
commit ted. 30  
The provisi ons of the second Paragraph  apply also to anyone  who otherwise wil lfully 
or by negligence commits  an act constituting an infringement or a violation  pursua nt to 
Article 53. 
 
The obli gation to pay  compensation pursuant  to the fi rst or second Paragraph do es not  
apply  to the person who, in making of copies for private  purposes,  violates  only Article 12, 
fourth Paragraph, unless  this violation  is carried out willfully or by gross  negligence.  (Act 
2009:109) 
 
Article 55. Upon a claim b y the author or his or her successor in title, the Court may , in so 
far as is reasonable, decide that property in respect of which an infringement or a violation 
referred to in Article 53 exists shall be recalled from the cha nnels of comme rce, be altered or 
destroyed or that some other measure shall be taken in respec t of it. The same applies to 
implements that have been, or have bee n intended to be, used in the infringement or the 
violation. 
 
The provisions of the first Paragraph apply also to acts constituting attempts, and to 
preparatory acts, relating to an infringement or a violation pursuant to Article 53. 
 
The provisions of the first Paragraph do not apply if the unlawful action has 
involved the construction of a building.  
 
A decision on a measure pursuant to the first Paragraph must not imply that the author or 
his or her successor in title will be ordered to pay compensation to the party against which 
the measure is directed. 
 
Any measures pursuant to the first Paragraph shall be paid for by the defendant where 
there are no specific reasons against it. 
 
A decision referred to in this Article shall not be rendered, if forfeiture or a measure for 
the prevention of wrongful acts shall be decided pursuant to Article 53 a. or to the 
Criminal Code. (Act 2009:109). 
 
Article 56. Notwithstanding Article 55, the Court may, if this is reasonable in view of the 
artistic or economic value of a copy of a work or of other circumstances, upon a claim  by a 
party acting in go od faith grant permission t o the effect that the copy may, against the 
payment of a specific compensation to the author or his or her successor in title, be made 
available to the public or used for other intended purpose. (Act 2009: 109).  
 
Article 56 a. If it can reasonably be assumed that someone has committed, or contributed 
to, an infringement or committed, or contributed to, a violation referred to in Article 53, the 
Court may, for the purpose of preserving evidence relating to the infringement or the 
violation, order that an investigation be undertaken in respect of that party in order to search 
for objects or documents that can be assumed to be of importance for the inquiry into the 
infringement or the violation (infringement investigation). 
 
An order for an infringement investigation may be issued only if the reasons speaking in 
favour of the measure outweigh the inconvenience or other harm that the measure would 
cause to the party against which it is directed or any other oppo site interest. 
 
The provisions in the first and second Paragraphs apply also to acts constituting attempts, 
and to preparatory acts, relating to infringements of violations referred to in Article 53. (Act 
2009:109).  
 
Article 56 b. Issues relating to infringement investigations may be taken up for consideration 
only upon a claim by the author or the author´s successor in title or by a party that, pursuant 
to a license, has a right to exploit the work. Where legal proceedings have not yet been 31  
initiated, the claim  shall be submitted in writing. 
 
The opposite party shall be given an opportunity to respond before an order for an  
investigation is issued. If a delay would entail a risk that objects or documents of 
importance for the inquiry into the infringement would be removed, destroyed or distorted, 
the Court may, however, imme diately issue an order to be valid until otherwise decided. 
 
In other respects , any issue relating to an infringement invest igation which arises befor e legal 
proceedings have been initiated shall be processed in the same way a s if the issue had arisen 
during legal proceedings. (Act 2016: 109). 
 
Article 56 c. An order for an infringement investigation may be issued only if the applicant 
posts a security at the Court for the damage  which may be caused to the opposite party. 
Where the applicant is not able to post a security , the Court may liberate him from it. In 
respect of the type of security, the provisions of Chapter 2, Article 25, of the 
Enforcement Code apply. The security shall be examined by the Court, unless the opposite 
party has accepted it. 
 
In respect of appeals against the decision by the Court relating to an infringement 
investigation and in respect of t he proceedings in higher Courts the provisions 
concerning appeal against decisions prescribed in Chapter 15 of the Code of Judicial 
Procedure apply. (Act 1998:1454). 
 
Article 56 d. An order for an infringement investigation shall contain inform ation about 
 
1. the purpose of the investigation, 
2. the objects and documents which may be searched for, and 
3. which venues may be searched. 
 
If necessary, the Court shall set also other conditions for the execution of the order. (Act 
1998:1454). 
 
Article 56 e. An order for an infringement investigation is imme diately enforceable. If an 
application for its execution has not been filed within one month from the order, the order 
becomes invalid. 
 
If the applicant does not, within a month from the conclusion of the execution, file an action 
or initiate in some other way a proceeding relating to the issue, any measure which has been 
undertaken in the context of the execution of the infringement investigation shall be 
immediately be invalidated  to the extent possible. The same applies where an order for an 
infringement investigation is invalidated after the exec ution has been concluded. (Act 
1998:1454). 
 
Article 56 f. An order for an infringement investigation is executed through the local 
Enforcement Authority in accordance with the conditions prescribed by the Court and in 
applying Chapters 1 to 3, Chapter 17, Articles 1 to 5, and Chapter 18 of the Enforcement 
Code. The applicant's opposite party shall be informed about the execution only if the order 
for an infringement investigation has been issued after hearing the opposi te party. The 
Authority is entitled to take photographs and to mak e video and sound recordings of such 
objects for which it is authorized to search. The Authority may also make copies of, and 
extracts from, such documents for which it is authorized to search. 
 
An infringement investigation must not concern written documents referred to in Ch apter 27, 
Article 2, of the Code of Judicial Procedure. (Act 2006:680). 
 
Article 56 g. The oppo site party is entitled t o summon an attorney when an order for an 
infringement investigation is to be executed. The execution must not begin before the 32  
attorney has arrived. This does, however, not apply if 
 
1. the investigation is thereby unnecessarily delayed, or 
2. there is a risk that the purpose of the measure will otherwise not be achieved. 
 
At the execution the Enforcement Authority is authorized to engage, as neces sary, the 
services of an expert. 
The Authority may permit the applicant or a representative for the applicant to attend the 
investigation in order to provide information. If such permi ssion is granted, the Authority 
shall see to it that the applicant or the representative is not informed about the findings 
at the investigation more than can be justified by the execution. (Act 2006:680). 
 
Article 56 h. Photographs and video and sound recordings of objects as well as copies of, 
and extracts from, documents shall be listed and shall be held available for the applicant and 
the oppos ite party. (Act 1998:1454). 
 
Article 57. The provisions of Articles 53– 56 h shall apply also to rights protected by the 
provisions in Chapter 5. (Act 1998:1454). 
 
Article 57 a. Anyone who, in cases other than those referred to in Article 53, sells, leases or 
possesses for sale, lease or other commercial purposes a device intended solely for 
facilitating unauthorized removal or circumvention of a device applied to pr otect a comput er 
program against unauthorized reproduction, shall be punished by fines or imprisonment for 
not more than six months. (Act 1992:1687).  
 
Article 57 b. Anyone  who, in cases  other  than  those r eferred  to in Article 53, willfully  or 
by gross  negligence violates Articl es 52 e or 52 g, shall be punished by  fines or 
imprisonment  for not more than six mon ths. 
 
Anyone  who,  in cases  other  than  those referred  to in Article 53, willfully  or by gross  
negligence  violates  Article  52 d, shall be punished by fines.  (Act 2005: 359) 
 
Article 58. The Patent and Market Court has  exclusive jurisdiction  in cases or matters referred 
to in  this Act unless they shall be processed according to the Act (1974:371) on the 
Proceedings in L abour D isputes.  
 
Provisions in the Code of Legal Procedure on limitation of the competence of a Court in 
relation to disputes which are to be processed otherwise than before a Court do not apply 
to claims for orders to provide information or for an infringement investigati on (Act 
2016:190).  
 
Article 59. The prosecutor  may initiate  a prosecution for violations  referred to in this Act 
only if the prosecution is motivated for being  in the public interest.  
 
An action relating to a violation of the provisions  in Article  3 or of directions given under  
Article 41, second Paragraph,  may always be brought by the surviving sp ouse of the aut hor, 
by his relatives in the direct ascen ding or descendi ng line or by  his brothers or sisters.  
 
If there is reason  to believe  that a criminal violation under  this Act ha s occurred, property  
referred  to in Article  55 may  be taken into custody. In such cases  the rules  governing 
custody  in criminal cases  in general  apply . (Act 2020:540 ). 
  33  
CHAPT ER 8. Applicability of the Act 
 
Article 60. The provi sions on copyri ght apply  to: 
 
1. works of Swedish nationals or of perso ns who have their habitual residence in Sweden,  
2. works first published in Sweden or simultaneous ly in Sweden and outside the 
country, 
3. cinematographic works whose producer has his headq uarters or habitual 
residence in Sweden, 
4. works of architecture constructed here, 
5. works of fine art incorporated in a building located  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 pub lished 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 copies of a cinematographic 
work in the usual manner shall, in the absence of a proof  to the contrary, be deemed to be 
the producer of the said work. 
 
The provisions of Articles 26 k to 26 p apply to works by persons who are Swedish 
nationals or who have their habitual residence in Sweden. 
 
The provisions of Article 44 a. apply to acts of publication or of making public by persons 
who are Swed ish nationals or who have their habitual residence in Sweden. The provisions 
also apply 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. (Act 2007: 521). 
 
Article 61. The provisions of Articles 45, 47 and 48 apply to performances, sound 
recordings and sound radio and television broad casts which take place in Sweden. In 
addition, the provisions of Article 45 apply to perform ances of persons who are Swedish 
nationals or have their habitual residence in Swe den, the provisions of Article 47 to sound 
recordings whose producer is a Swedish national or a Swedish legal entity or a person who has 
his habitual residence here, and the provisions in Article 48 to broadcasts by sound radio and 
television organizations having their headquarters in this country. The provisions of Article 46 
apply to sound recordings and to recordings of moving images whose producer is a Swedish 
national 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. However, the provision of Article 
46 applies, in respect of reproduct ion, to all sound recordings. 
 
The provisions of Article 49 apply to productions whose producer is a Swedish national  or 
has his habitual residence in Sweden. The provisions also apply to productions whose 
producer is a Swed ish legal entity and has its registered office, its main headquarters or its 
principal place of business in Sweden. If the legal entity has its registered office in Swed en but 
does not have its main headquarters or its principal place of business here, the provisions 
apply, however, only where the production forms part of an economic activity established in 
Sweden. 
 
Of the provisions in Article 49 a, the reference to Articles 50 and 51 applies to all 
photographic pictures and the other provisions to photographic pictures, 
 
1. whose maker  is a Swedish national or has his habitual residence in Sweden, or 
2. that have been first published in Sweden or simultaneously in Sweden and 
abroad, or  34  
3. that have been incorpora ted in a building or another construction which is permanently 
fixed to the ground, if the building or the construction is situated  in    Sw eden. 
 
For the purpose s of the application of the third Paragraph, item 2, the publicat ion shall be 
considered to have taken place simultaneou sly if the picture has been published in Sweden 
within thirty days from its publication abroad. 
 
Of the provisions in Article 45, the reference to Articles 26 k to 26 m applies only to 
performances by someone who is a Swedish national or has his habitual residence in 
Sweden. Of the provisions in Article 46, the reference to Articles 26 k to 26 m applies only 
to recordings whose producer is a Swedish national or a Swedish legal entity or has his 
habitual residence in Sweden. Of the provisions in Article 49 a, the references to Articles 
26 k to 26 p apply only to photographic pictures whose maker is a Swedish national or has his 
habitual residence in Sweden. (Act 2007:521). 
 
Article 61 a. Whe n 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 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 shall be deemed to occur in the countr y 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 registered office in a country member of that 
Area, the act relevant from the point of view of copyright rights shall be deemed to occur 
in that country . (Act 1995: 1273). 
 
Article 62. On condition of reciprocity, or if this follow s from such an agreement with a 
foreign State or with an intergovernmental organization which has been approved by the 
Parliament, the Government may issue provisions 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 publ ished by an intergovernmental organization and 
to unpublished works and photographic pictures which such an organization may publish. 
(Act 1995:1273).  
 
CHAPTER 9. Provisio ns 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). 
 
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