WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SWE/C/1/Add.2 
3 January 2006 
 (06-0008) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS  
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
SWEDEN 
 
Addendum
 
 
 The present document reproduces the text1 of the following laws and regulations, as notified by Sweden under Article 
63.2 of the Agreement (see document IP/N/1/SWE/1/Add.1): 
 Page  
- Act (2005:359) of 26 May 2005, Amending the Act (1960: 729) on Copyright in Literary and Artistic Works 2 
- Act (2005:360) of 26 May 2005, Amending the Act (1960: 729) on Copyright in Literary and Artistic Works 17 
- Act (2005:361) of 26 May 2005, Amending the Act (1980: 612) on Mediation in Cert ain Copyright Disputes 20 
- Regulation (2005:362) of 26 May 2005, Ame nding the Copyright Regulation (1993:1212) 21 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE  
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SUÈDE 
 
Addendum  
 
 Le présent document contient le texte1 des lois et réglementations ci-après, notifiées par la Suède au titre de l'article 63:2 
de l'Accord (voir le document IP/N/1/SWE/1/Add.1):  Page
 
- Loi (2005:359) du 26 mai 2005 portant modification de la Loi (1960:729) sur le droit d'auteur concernant les 
œuvres littéraires et artistiques 2 
Loi (2005:360) du 26 mai 2005 portant modification de la Loi (1960:729) sur le droit d'auteur concernant les 
œuvres littéraires et artistiques 17 
- Loi (2005:361) du 26 mai 2005 portant modification de la  Loi (1980:612) sur la médiation de certains différends 
concernant le droit d'auteur 20 
- Règlement (2005:362) du 26 mai 2005 portant modifica tion du Règlement sur le droit d'auteur (1993:1212) 21 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD  
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 DEL  
ARTÍCULO 63 DEL ACUERDO 
 
SUECIA 
 
Addendum
 
 
 En el presente documento se reproduce el texto1 de las siguientes leyes y reglamentos que Suecia ha notificado en virtud 
del párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/SWE/1/Add.1):  Página
 
- Ley (2005:359) de 26 de mayo de 2005, por la que se modifica la Ley (1960:729) de Derecho de Autor de las 
Obras Literarias y Artísticas 2 
- Ley (2005:360) de 26 de mayo de 2005, por la que se modifica la Ley (1960:729) de Derecho de Autor de las 
Obras Literarias y Artísticas 17 
- Ley (2005:361) de 26 de mayo de 2005, por la que se modifica la Ley (1980:612) de Mediación en determinados 
litigios relacionados con el Derecho de Autor 20 
- Reglamento (2005:362) de 26 de mayo de 2005, por el que se modifica el Reglamento sobre el Derecho de 
Autor (1993:1212) 21 
                                                      
 1 In English only./En anglais seulement./En inglés solamente.   IP/N/1/SWE/C/1/Add.2 
Page 2  
 
  
 
Act (2005:359) of May 26, 2005, Amending the Act (1960:729)  
on Copyright in Literary and Artistic Works 
 
In accordance with the decision by the Pa rliament, it is hereby prescribed, as 
regards the Act (1960:729) on Copyright in Literary and Artistic Works, 
that Article 15 shall no longer apply, 
that the heading immediately befor e Article 15 shall be deleted, 
that the present Articles 13, 26 d, 26 f and 26 i shall be numbered 42 c, 42 e, 42 f 
and 42 a, that Articles 2, 12, 16-21, 23, 24, 26 k, 30, 45-49 a, 54, 58 and 59, the new Articles 
42 a, 42 c, 42 e and 42 f and t he headings immediately before Articles 12, 16, 17, 30 
and 47  shall read as follows, that the headings immediately before Articles 13 and 26 i shall be placed 
immediately before Articles 42 c and 42 a, respectively, that in the Act shall be inserted fourteen new Articles, numbered 11 a, 20 a, 26 l, 26 
m, 42 b, 42 d, 52 b – 52 h and 57 b, and imm ediately before Articles 11 a, 20 a, 42 b, 
42 d, 42 e, 42 f, 52 b, 52 d,  52 f, 52 g and 52 h new headings, reading as follows, 
that immediately before Article 14 a new  heading shall be inserted, reading “ On the 
Making of Copies for Educational Purposes ”, 
that in the Act immediately before the headi ng before Article 42 a and immediately 
before the heading before Ar ticle 52 b new chapter 
 
headings shall be inserted, reading as follows. 
 
Article 2. Subject to the limitations pre scribed hereinafter, copyright  
shall include the exclusive right to exploi t the work by making copies of it and by 
making it available to the public, be it in  the original or an altered manner, in 
translation or adaptation, in anot her literary or artistic form,  or in another technical 
manner. As the making of copies shall be consider ed any direct or indirect, temporary or 
permanent preparation of copies of the work, regardless of the form  or through which 
method this is carried out and regardless of w hether it concerns the work in whole or 
in part.  The work is being made available to  the public in the following cases 
 1.  When the work is being communicated to the public. This is deemed to include 
any making available of the work to the public by wire or by wireless means that 
occurs from a place other than that where the public may enjoy the work. 
Communication to the public includes also ac ts of communication that occur in such 
a way that members of the public may acce ss the work from a place and at a time 
individually chosen by them.  2.  When the work is publicly performed. Su ch public performance includes only such 
cases where the work is being made availabl e to the public, with or without the use   IP/N/1/SWE/C/1/Add.2 
 Page 3 
 
 
 of a technical device, at the same place as the one where the public may enjoy the 
work.  3.  When copies of the work are publicly ex hibited.  Public exhibition includes only 
such cases where a copy of a work is bei ng made available to the public, without the 
use of a technical device, at the same place as the one where the public may enjoy 
the copy. If a technical device is being used,  the act is instead a public performance. 
 4.  When copies of the work are placed on sale, leased, lent, or otherwise distributed 
to the public.  As acts of communication to the public and of public perform ance shall be deemed 
also acts of communication and performance that, in the framew ork of commercial 
activities, occur to or for a comparatively large closed group of persons. 
 
On the Making of Temporary Copies  
Article 11 a. Temporary forms of copies  of works may be made,  if the making of the 
copies is an integral and essential part of  a technological process and if the copies 
are transient or have only a secondary importance in that process. The copies must 
not have any independent economic importance.  The making of copies under the first Par agraph is permissible only if the sole 
purpose of that making is to enable 1. a transmission in a network between th ird 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 that  is not un-permissible under this Act. 
 The provisions under the first and second Pa ragraphs do not confer  a right to make 
copies of literary works in the form of computer program s or compilations. 
 
On the Making of Copi es for Private Purposes 
 
Article 12. Anybody is entitled to make, for priv ate purposes, one or a few copies of 
works that have been made public. As regards  literary works in written form the 
making of copies may, however, concern onl y limited parts of works, or such works 
of limited scope. The copies must not be used for purposes other  than private use. 
 The provisions in the first Par agraph do not confer a right to 
1.  construct works of architecture 
2.  make copies of computer programs, or 
3.  make copies in digital form of compilations in digital form. 
 Furthermore, the provisions in the first Paragraph do not confer a right to engage, for 
private purposes, another person to 1.  make copies of musical works or cinematographic works  
2.  make utilitarian articles or sculptures, or 3.  copy another person’s work of fine art by means of arti stic reproduction. IP/N/1/SWE/C/1/Add.2 
Page 4  
 
  
This Article does not confer a right to ma ke copies of a work when the copy that 
constitutes the real master copy has been prepared or has been made available to 
the public in violation of Article 2.  
On the Making and Distribution of C opies within Certain Archives and 
Libraries.  
Article 16.  Archives and libraries referred to in the third and four th Paragraphs are 
entitled to make copies of works, with the exception of computer programs,  
1.  for purposes of preserva tion, completion or research 
2.  in order to satisfy the desires of library borrowers, for single articles or short 
extracts of works or for mate rial which, for security reasons, must not be given away 
in original form, or 3. for use in reading devices.  Copies that have been made on paper pursuant to the first Paragraph, item 2, may 
be distributed to library borrowers. Prov isions on extended effect of collective 
licenses for the purposes of distribution to the public of copies in other cases and of 
communication to the public of wor ks are contained in Article 42 d. 
 Entitled to the making of copies, and to the di stribution, pursuant to the provisions of 
this Article are 1.  governmental and muni cipal archival authorities 
2.  the National Archive for Recorded Sound and Moving Images 3.  such scientific and research librarie s that are operated by public authorities, and 
4.  public libraries.  The Government may in specific cases grant  also certain archives and libraries other 
than those mentioned in the th ird Paragraph a right to make  copies pursuant to this 
Article. 
 
On the Making of Copies, etc.  for Persons with a Disability 
 
Article 17. Anyone is entitled to make, by m eans other than recording of sounds, 
such copies of literary and musical wor ks which have been made public and of works 
of visual art which have been made public, t hat persons with a disability need in 
order to be able to enjoy the works. The copies may also be distributed to those 
persons.  
Libraries and organizations as decided by the Government in specific cases may 
also 1.  communicate copies of the works that  are referred to in the first Paragraph to 
persons with a disability who need  the copies  in order to be able to enjoy the work, 
2.  by means of sound recording make such  copies of literary works that have been 
made public which persons with a disabilit y need in order to be able to enjoy the 
works, and to  distribute and communicate su ch sound recordings to those persons, 
and  IP/N/1/SWE/C/1/Add.2 
 Page 5 
 
 
 3.  make such copies of works transmi tted on sound radio or television, and of 
cinematographic works, that deaf or heari ng-impaired persons need in order to be 
able to enjoy the works, and to distribute  and communicate copies of the works to 
those persons.  The making of copies, the distribution and the communication to the public pursuant 
to this Article must not be carried out for commercial purposes, no r must the copies 
be used for purposes other than those mentioned in the Article.  When libraries and organisations distribute or communicate copies of works to 
persons with a disability in such a way t hat those persons may keep a copy of the 
work, the author has a right to remuneration. The same applies if anyone, pursuant 
to the first Paragraph, second sentence, transmits more than a few copies to 
persons with a disability. 
 
Article 18. Anyone who, for use in educational ac tivities, prepares a composite work 
consisting of works by a co mparative large number of authors may reproduce minor 
portions of literary or musi cal works and such works of a limited scope, provided that 
five years have elapsed from the year in  which the works were published. Works of 
fine art may be reproduced in connection with the text, provided that five years have 
elapsed from the year when they were  made public. The authors have a right to 
remuneration.  The provisions of the first Paragraph do not apply to works that have been created 
for use in educational activities and does not confer a right to prepare composite 
works for commercial purposes.  Article 19.  When a copy of a work has been has  been transferred, with the consent 
of its author, within the European Econom ic Area, that copy may be further 
distributed.  The provisions of the first Paragraph do not confer a right to ma ke available to the 
public 1.  copies of works, with the exception of buildings and works of applied art, through 
rental or similar legal acts 2.  copies of  computer programs in ma chine-readable form  or of cinematographic 
works, through lending. 
 
Article 20.  When a work has been published, t he copies thus published may be 
publicly exhibited. The same applies in respec t of copies of works of fine art that the 
author has transferred. 
 
On Works of Fine Art Included in a F ilm, a Television Program or a Picture 
 
Article 20 a. Anyone is entitled to make, by means of  a film or a television program, 
and distribute, copies of works of fine art, publicly perform works of fine art and 
communicate works of fine art to the public, if the exploita tion made of the work is 
incidental in relation to the contents of  the film or the television program. IP/N/1/SWE/C/1/Add.2 
Page 6  
 
 Corresponding acts of exploitation may also  be carried out of works of fine art that 
appear in the background, or otherwise form an insignificant part, of a picture.  
 Exploitation as referred to in the first Pa ragraph may, however, take place only if the 
master copy for the copy made when the work of fine art is being included in the film, 
the television program or the pi cture is a copy that is covered by an act of publication 
or a copy that has been transferred by the aut hor. If no making of a copy occurs, the 
same applies to the copy that is directly  communicated to the public through the 
television program.  Article 21.  Anyone is entitled to publicly perfo rm works, with the exception of 
cinematographic works and works made for the stage, that have been made public 
1.  on occasions where the performance of su ch works is not the main feature of the 
event, no admission fee is charged and the event is not organised for commercial 
purposes 2.  in the course of educational activities or divine services. 
 The Parliament and governmental and municipa l authorities may, in cases referred 
to in the first Paragraph, item 1, publ icly perform also cinematographic works and 
works made for the stage that have been made public. The works may be performed 
only through connection to an external netwo rk that is made available in order to 
satisfy a public information interest. The performance may occur only at the 
Parliament’s or the authorities’ own venues.   The provisions in the first Paragraph, item 2. do not confer a right  to publicly perform, 
for commercial purposes, compilations in the course of educational activities. 
 
Article 23. Works of fine art which have been made public may be reproduced 
1.  in connection with the text in a scient ific  presentation which has not been 
prepared for commercial purposes, 2. in connection with the text in a critical pres entation, except if it is in digital form, 
3. in a newspaper and a periodical in c onnection with a report on a current news 
event, except if the work  has been created for reproducti on in such a publication. 
 The provisions in the first Paragraph apply only if the use of the reproduction is 
carried out in conformity with proper us age and to the extent called for by the 
information purpose. 
 
Article 24. Works of fine art may be reproduced in pictorial form 
1.  if they are permanently locate d outdoors on, or at, a public place 
2.  if the purpose is to advertise an exhibiti on or a sale of the works of fine art but 
only to the extent necessary  for the promotion of the exhibition or the sale, or 
3. if they form part of a co llection, in catalogues, how ever not in digital form. 
 Buildings may be freely reproduced in pictorial form. 
 
Article 26 k. When a businessman, in the course of his professional activities, 
manufactures or imports into this country  material supports on which sounds or  IP/N/1/SWE/C/1/Add.2 
 Page 7 
 
 
 moving images may be recorded and which are especially suitable for the making of 
copies of works for private purposes, the au thors of such protected works, that have 
thereafter been broadcast by sound radio or television or have been published on 
material supports by means of which they can be reproduced, have a right to 
remuneration from the businessman. 
 The authors have, however, no right to rem uneration, where the material supports 
manufactured or imported are intended for 1.  use for purposes other than the making  of copies of works for private purposes 
2. export from the country, or 
3. use for the making of copies of works for persons with a disability. 
 Article 26 l.  The remuneration pursuant to Article 26 k is: 
1.  In respect of material supports for analogue recording, two and a half “Öres” for 
each possible recording minute on the support. 2.  In respect of material supports wher e digital recording can be made repeatedly, 
0,4 “Öres” for each megabyte storage capacity. 3.  In respect of other ma terial supports for digital recording 0,25 “Öres” for each 
megabyte storage capacity.  The businessman is entitled to a reducti on of the amounts of  the remuneration 
pursuant to the first Paragraph, if 1. the authors have in some other form  received compensation for the making of 
copies of such works as referred to in Article 26 k, or 2. the remuneration is unr easonably high, taking into account the circumstances 
relating to the material support or  other conditions on the market. 
 
Article 26 m.  Only an organization representing a substantial number of Swedish 
authors and holders of neighbouring rights in the field concerned is entitled to collect 
the remuneration and to c onclude agreements on the reduc tion of the remuneration 
pursuant to Articles 26 k and 26 l. The organisation shall collect the remuneration and distribute it to those entitled to it  after deduction of a reasonable compensation 
to the organization for its costs. Right -owners who are not represented by the 
organization shall, for the purposes of the distribution, be treated in the same way as 
those right-owners who are r epresented by the organization. 
 The businessman referred to in Article 26 k,  first Paragraph, shall give notice of 
himself to an organization as referred to in the first Paragraph. The businessman 
shall, upon request by the organi zation, provide an account of  the number of material 
supports to which the right to remuneration a pplies, the recording time or the storage 
capacity, whether the supports can be us ed repeatedly for digital recording and 
when the supports were manufactured or im ported. The account shall indicate the 
number of material supports referred to  in Article 26 k, second Paragraph. 
 
On Contracts Relating to Public Performance, etc.  
Article 30.  Where the right to communicate a work  to the public or to perform it 
publicly has been transferred, t he transfer shall be valid for a period of three years IP/N/1/SWE/C/1/Add.2 
Page 8  
 
 and shall not confer exclus ivity. Where a longer term  than three years has been 
determined and exclusivity has been agreed on,  the author may himself nevertheless 
communicate the work or perfo rm it or transfer rights in these respects to another 
person, if the right has not been exerci sed within a period of three years. 
 The provisions of this Article do not apply to cinematographic works. 
 
Chapter 3 a. On the Extended Effect of Collective Licenses. 
 
Article 42 a.  An extended collective license as refe rred to in Articles 42 b  -  42 f 
applies to the exploitation of works in  a specific manner, when an agreement has 
been concluded concerning such exploita tion of works  with an organization 
representing a substantial number of Swedish authors in the field concerned. The 
extended collective license confer s to the user the right to  exploit works of the kind 
referred to in the agreement des pite the fact that the aut hors of those works are not 
represented by the organization.  In order for a work to be exploited pursuant  to Article 42 c, the agreement must have 
been concluded with someone who carries out educational activities in organised 
forms.  When a work is being exploited pursuant to t he provisions in Arti cle 42 e, the author 
has a right to remuneration.  When a work is being exploited pursuant to Ar ticles 42 b – 42 d, or 42 f, the following 
applies. The conditions concerning the exploi tation of the work that follow from the 
agreement apply. In respect of the remuneration derivin g from the agreement and in 
respect of other benefits from the organization that are ess entially paid for out of the 
remuneration, the author shall be treated in  the same way as those authors who are 
represented by the organization.  Without prejudice to what has been said now, the 
author has, however, always a right to rem uneration for the exploitation, provided he 
forwards his claims 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 purs uant to Article 42 f claims for remuneration 
may be forwarded only by the contracting organizations. All su ch claims shall be 
forwarded at the same time. 
 
On the Making of Copies within P ublic Authorities, Enterprises and 
Organizations, etc. 
 Article 42 b.  The Parliament, decision-making municipal assemblies, governmental 
and municipal authorities as well as enterpr ises and organizations may, in order to 
satisfy the need for information within their fi eld of activities, make copies, by means 
of reprographic reproducti on, of published literary wo rks and works of fine art 
reproduced in connection with the text in such a work, where an extended collective 
license applies pursuant to Article 42 a.   IP/N/1/SWE/C/1/Add.2 
 Page 9 
 
 
 The provisions of the first Paragraph do not apply if the author has filed a prohibition 
against the reproduction with any of the contracting parties. 
 
Article 42 c. Copies may be made for educational purposes of works which have 
been made public, where an extended collecti ve license applies pursuant to Article 
42 a. The copies may be used only in such educational activities that are covered by 
the agreement constituting the basis for t he into being of the collective license. 
 The provisions of the first Paragraph do not apply if the author has filed a prohibition 
against the reproduction with any of the contracting parties. 
 
On the Possibilities for Archives and Li braries to Communicate Works to the 
Public, etc.  
Article 42 d. The archives and libraries referred to  in Article 16, third and fourth 
Paragraphs, are, where an ex tended collective license applie s pursuant to Article 42 
a, entitled to 1.  communicate works, wit h the exception of comput er programs, to library 
borrowers in so far as concerns single arti cles, short portions or material which, for 
security reasons, should not be delivered in its original form, and 2.  distribute copies which have been prepared pursuant to  Article 16, first 
Paragraph, item 2, to library borrowers in cases other than those referred to in Article 
16, second Paragraph,  The provisions of the first Paragraph do not apply if the author has filed a prohibition 
against the communication or the distributio n with any of the contracting parties. 
 
On Sound Radio or Televisions Broadcasts  
Article 42 e. Sound radio and television organization s as decided in specific cases 
by the Government are entitled to br oadcast published literary and musical works 
and works of fine art which have been made public, provided that an extended 
collective license applies pursuant to Article 42 a.  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 prohi bition with the organization to broadcast the 
work or there are otherwise special r easons to assume that he would oppose the 
broadcast. The provisions of the first Paragraph do not apply to re-transmissions 
referred to in Article 42 f.  
As regards transmissions via satellite, t he extended collective license applies only if 
the broadcasting organizati on simultaneously carries out a broadcast through a 
terrestrial transmitter. 
 IP/N/1/SWE/C/1/Add.2 
Page 10  
 
 On Re-transmissions of Works Contai ned in Sound Radio or Television 
Broadcasts  
Article 42 f. Anyone is entitled to transmit to the public (re-transmit), simultaneously 
and in an unaltered form, by wireless means or by wire, works wh ich form part of a 
wireless sound radio or television broadcas t, provided that an ex tended collective 
license applies pursuant to Article 42 a.  The provisions of the first Paragr aph do not apply to works where the re-
transmission right belongs to the sound radio or television organization that carries 
out the original transmission. 
 
Article 45.  Subject to the limitations  prescribed in this Act, a performing artist has 
the exclusive right to exploi t 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 reproduced, 2. making copies of a fixation of  the performance, and 3. making the performance or a fixati on of it available to the public. 
 The rights referred to in the first Paragraph, items 2 and 3. last unt il the expiry of the 
fiftieth year from the year when the perfo rmance took place or, if the fixation has 
been published or made public within fifty year s from the performanc e, from the year 
when the fixation was first published or made public.  The provisions of Article 2, second -  fourth Par agraphs, 3, 6  - 9, 11 - 12, 16, 17, 21, 
22, 25 -26 b., 26 e, 26 k - 26 m, and 27 -  29,  39, first sentence,  41, 42, 42 a, 42 c, 
42 d. and 42 f shall apply in respect of performances referred to in this Article.  When a copy of a fixation pursuant to this Article has been, with the consent of the 
performing artist, transferred within the Eu ropean Economic Area,  the copy may be 
distributed further.  The provisions of the fourth Paragraph do not confer a right to make available to the 
public 1.  copies of a recording, through rental or similar legal acts, or 
2.  copies of a film or  another material support on which moving images have been 
recorded, through lending.  Article 46.  Subject to the limitations  prescribed in this Act, a producer of recordings 
of sounds or of moving images has an exclus ive right to exploit his recording by 
1.  making copies of the recording, and 2. making the recording available to the public.  The rights referred to in the first Paragraph last until fifty years have elapsed from the 
year in which the recording was made. If  a sound recording is  being published within 
this period, the rights last, in stead, until the expiry of the fi ftieth year from the year in 
which the sound recording was first publis hed. If the sound recording is not  IP/N/1/SWE/C/1/Add.2 
 Page 11 
 
 
 published during the said period but is m ade public during the same period, the 
rights last, instead, until the ex piry of the fiftieth year fr om the year in which the 
sound recording was first made public. If a recording of moving images has been 
published or made public within fifty years from the recording, the rights last until fifty 
years have expired from the y ear 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, 16, 17, 21, 22, 25 - 26 b, 26 e, 26 k -  26 m, 42 a, 42 c and 42 
d shall apply to recordings referred to in th is Article. In addition, Article 42 f. shall 
apply to recordings other than su ch referred to in Article 47. 
 When a copy of a recording pursuant to this  Article has been, with the consent of the 
producer, transferred within the European Economic Area, that copy may be 
distributed further.  The provisions in the fourth Paragraph do not confer a right to make available to the 
public 1. copies of a recording through rent al or other similar legal acts, or 
2. copies of a film or other material support on which moving images have been recorded, through lending.  
Use of Sound Recordings for Public Performance, etc. 
 
Article 47.  Notwithstanding the provisions in Arti cle 45, first Paragraph, and Article 
46, first Paragraph, sound recordings may be used 1.  for a public performance, or 2.  for a communication to  the public, except in ca ses 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 them.  When an exploitation occurs as referred to  in the first Paragraph, the producer and 
the performing artists whose performances appear  in the recording, have a right to 
remuneration. Where two or more perfo rming artists have cooperated in the 
performance, their right may be claimed by t hem only jointly. As against the user of 
the recording, the claims of the perfo rmers and those of the producer shall be 
forwarded at the same time.  If a sound recording is used for a communi cation in the form of a wireless sound 
radio or television broadcast which is re-t ransmitted by wireless means or by wire to 
the public simultaneously and without alterati on (further transmission) the following 
applies. As against the person who carries  out the retransmission, the claim for 
remuneration may be forwarded only th rough organisations representing a 
substantial number of  Swedish performing artists or  producers. The organizations 
shall forward their claims at the same time as the claims referred to in Article 42 a., 
fifth Paragraph.  IP/N/1/SWE/C/1/Add.2 
Page 12  
 
 The provisions in Article 11, second Paragr aph, shall apply to the cases referred to 
in this Article.  This Article does not apply to sound films. 
 
Article 48. Subject to the limitations prescribed in the third Paragraph, a sound radio 
or television organization has an exclusive ri ght to exploit a sound radio or television 
broadcast by 1.  fixing the broadcast on a material support from which it can be reproduced, 
2.  making copies of a fixation of the broadcast, 3.  distributing copies of a fixati on of the broadcast to the public, 
4.  permitting a re-broadcast or a communica tion to the public in places accessible to 
the public against the payment  of an entrance fee, or 
5.  permit that a fixation of the broadcas t is being communicated, by wire or wireless 
means, to the public in such a way that  members of the publ ic may access the 
fixation from a place and at a ti me individually chosen by them. 
 The rights referred to in the first Paragraph, it ems 2, 3 and 5, last until the expiry of 
the fiftieth year from the year in  which the broadcast took place. 
 The provisions in Article 2, second Paragrap h, 6 - 9, 11, second Paragraph, 11 a, 12, 
16, 17, 21, 22, 25 - 26 b and 26 e shall apply to sound radio and television 
broadcasts referred to in the Article.  When a copy of a fixation pursuant to this Article has been, with the consent of the 
organization, transferred within the Eur opean Economic Area, that copy may be 
distributed further.  If a sound radio or television organization ha s a claim for remune ration for such a 
retransmission as referred to in Articl e 42 f and which has been carried out with the 
consent of the organization, t he claim shall be  forwarded at the same time as the 
claims referred to in Arti cle 42 a, fifth Paragraph. 
 
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 make copies of the 
product and to make it available to the public.  The right under the first Paragraph lasts until fifteen years have elapsed from the 
year in which the product was completed.  If the product has been made available to 
the public within fifteen years from the completion of t he product, the right shall, 
however, last 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 
Paragraph, 12, first, second and fourth Pa ragraphs, 14, 16 - 22, 25, 26 - 26 b, and 
26 e, 26 g, fifth and sixth Paragraphs, and Ar ticles 42 a – 42 f shall apply to products  IP/N/1/SWE/C/1/Add.2 
 Page 13 
 
 
 referred to in this Article. If a product of  this kind is the subject of copyright, also 
protection in this respect may be claimed.  Contractual stipulations that  extend the rights of the pr oducer pursuant to the first 
Paragraph, are null and void. 
 
Article 49 a. Anyone who has prepared a photographi c picture has an exclusive 
right to make copies of the picture and to make 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.  As a photographic picture is considered also  a picture that has been prepared by a 
process analogous to photography. 
 The right under the first Paragraph lasts unt il fifty years have el apsed from the year 
in which the picture was prepared.  The provisions of Article 2, second  -  fourth Paragraphs, 3, 7 -  9, 11 and 11 a, 12, 
first and fourth Paragraphs, 16 - 20, and 23, 24, first Paragraph, 25 - 26 b, 26 e, 26 j 
- 28, 31 - 38, 41, 42, 42 a – 42 f and  50 - 52 s hall apply to pictures referred to in this 
Article. If such a picture is the subject of  copyright, also copyright protection may be 
claimed. 
 
Chapter 6 a. On the Protection of Technological Measures, etc. 
 Introductory Provisions  
Article 52 b.  This Chapter contains provisions  on the protection of technological 
measures and of electronic informa tion on the managem ent of rights. 
 The expression “Technological measure”  as used in this Chapter means any 
effective technology, device or component des igned to prevent or  restrict, in the 
normal course of its operati on, the reproduction or the ma king available to the public 
of a copyright-protected work without the c onsent of the author or his successor in 
title.  The expression “ Information on the managem ent of rights” means any information, 
also in the form of numbers or codes, that is  linked to a copy of a copyright-protected 
work or appears in connection with the communi cation to the public of such a work 
and which aims at identifying the work or th e author or his successor in title or at 
informing about the conditions of use of the work. The information must have been 
provided by the author or his successor in title. 
 
Article 52 c. The provisions on protection of technol ogical measures in this Chapter 
do not apply to computer programs. Nor do  they apply to the making available of 
official documents pursuant to Chapter 2 of  the Freedom of the Press Act, to such 
use of works in the interest of  the administration of  justice or of public security that is 
referred to in Article 26 b, second Paragr aph, or to research into cryptography. IP/N/1/SWE/C/1/Add.2 
Page 14  
 
  
The Act (2000:171) on Prohibition of Ce rtain Decoding Equipment contains 
provisions aiming at preventi ng unauthorised access to certain services.  As regards 
technological measures or arrangements used in connection with such conditional 
access to services in the form of such sound radio or television broadcasts as 
referred to in Article 2, item  1, in that Act, the provisions on technological measures 
in this Chapter do not apply. 
 
On the Protection of Technological Measures 
 
Article 52 d.  It is prohibited to circumvent, without  the consent of the author or his 
successor in title, any digital or analogue lo ck which prevents or limits the making of 
copies of a work protected by copyright, to  circumvent a technological process, such 
as encryption, that prevents or limits the making available to the public of a work 
protected by copyright, or to circumvent  any other technolog ical measure that 
prevents or limits such ac ts 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 protected by copyright, circumvents a 
technological measure in order to be abl e to watch or listen to the work.  
 
Article 52 e.  It is prohibited to manufacture, im port, transfer, distribute by, for 
instance, sale or rental, or to po ssess for commercial purposes any devices, 
products or components, or to ma ke available services,  which 
1.  are promoted, advertis ed or marketed for the purpose  of circumvention of a 
technological measure, 2.  other than to circumv ent a technological measure,  have only a limited interest 
from a commercial point of view, or a limited scope of commercial use, or  
3. are primarily designed, construct ed, adapted or produced for the purpose of 
enabling or facilitating a circumvent ion of a technological measure. 
 
On the Right to Use, in Certain C ases, Works Protected by Technological 
Measures  
Article 52 f.  Anyone who, pursuant to the provisions  in Articles 16, 17, 26, 26 a. or 
26 e, is entitled to exploit a work protect ed by copyright shall be entitled to make use 
of a copy of a work that he lawfully has access to as referred to in the relevant 
provision, notwithstanding t he fact that the copy is pr otected by a technological 
measure.  
Where a technological measure prevents such a use, a Court may, at the request by 
a user entitled to that us e, order, upon penalty of a fine,  the author or his successor 
in title to make it possible fo r the user to exploit the work  in the way prescribed in the 
provision referred to.  The provisions in the first and the sec ond Paragraphs do not apply to works 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  IP/N/1/SWE/C/1/Add.2 
 Page 15 
 
 
 to the work by means of a communicati on from a place and a time that they 
themselves have chosen.  
On the Protection of Electronic Rights Management Information 
 
Article 52 g.  It is, without the consent by the aut hor or his successor in title, 
prohibited to 1.  remove or alte r any electronic rights management information relating to a work 
protected by copyright 2.  exploit a work protected by copyright, or a copy of it, that has been altered in 
violation of item 1, by dist ributing it, importing it for the purpose of distribution or 
communicating it to the public.  The provisions of the first Paragraph appl y only if the measure undertaken induces, 
enables, facilitates or conceals an infringem ent of a right protected under this Act. 
 
On the Application of the Pr ovisions on Neighbouring Rights 
 
Article 52 h.  The provisions in this Chapter relating to works shall apply 
correspondingly to subject matter protect ed pursuant to Articles 45, 46 and 48 as 
well as to such compilations and photograph s which are protect ed under Articles 49 
and 49 a. 
 
Article 54.  Anyone who exploits a work in violation of this Act or of directions given 
pursuant to Article 41, second Paragraph,  shall pay such a remuneration to the 
author or his successor in title that would   constitute a reasonable compensation for 
the exploitation.  Where the exploitation has been carried out wilfully or with negligence, 
compensation shall be paid also for losses other than lost compensation as well as 
for mental suffering or other injury.  Anyone who otherwise wilfully  or with negligence commits an act constituting an 
infringement or a violation pursuant to Ar ticle 53, shall pay to the author or his 
successor in title a compensation for losses,  mental suffering or other injury caused 
by the act.  The obligation to pay a compensation acco rding to the first or second Paragraph 
does not apply to anyone who, in connection with the making of copies for private 
purposes, violates only Article 12, fourth Paragraph, unless this violation is carried 
out wilfully or with gross negligence. 
 
Article 57 b.  Anyone who, in cases other than those referred to in Article 53, wilfully 
or with gross negligence violates Articles 52 e or 52 g, shall be punished by fines or 
imprisonment for not mo re than six months. 
 Anyone who, in cases other than those referr ed to in Article 53, wilfully or with gross 
negligence violates Article 52 d,  shall be punished by fines. IP/N/1/SWE/C/1/Add.2 
Page 16  
 
  
Article 58.  The District Court of Stockholm shall have jurisdiction in cases involving 
sound radio or television broadcasts in violat ion of this Act. The same shall apply in 
cases involving claims for compensation under Articles 17 and 18, 26 a, first 
Paragraph, 42 a, third Pa ragraph, or 47, and in ca ses where a corresponding 
compensation is claimed on the basis of a re ference in Articles 45, 46, 48, 49 or 49 
a, and in cases concerning compensation for retransmissions referred to in Article 42 f. 
 
Article 59.  Violations referred to in Articl e 57 b, second Paragraph may be the 
subject of a criminal action by a public prosec utor only if this is called for in the public 
interest. Criminal actions for other violati ons of this Act may be instituted by a public 
prosecutor if there is  a complaint from an injured party  or if such an action is called 
for in the public interest.  An action relating to a violation of the provis ions in Article 3 or of directions given 
under Article 41, second Paragraph, may always be instituted by the surviving 
spouse of the author, by his relatives in the direct ascending or descending line or by 
his brothers or sisters.  If there is reason to believe that a criminal vi olation under this Act has occurred, 
property referred to in Article 55 may be tak en into custody. In such cases the rules 
governing custody in crimi nal cases in general apply. 
__________________ _______________ 
1.  This Act enters into force on July 1, 2005. 2.  Subject to the exceptions indicated in items 3 -  5, the new provisions shall apply 
also to works and subject matter that hav e come into being before the entry into 
force. 3.  Previous provisions in Article 19, firs t Paragraph, shall continue to apply to such 
copies of works that have, with the consent  of the author, been transferred within the 
European Economic Area before t he entry into force.  
4.  The provision in Article 46, second Pa ragraph, on the calculat ion of the term of 
protection for sound recordings shall not apply to sound recordings for which the 
term of protection has expired at the time  of the entry into force of the Act. 
5.  Previous provisions shall apply to ac ts that have been undertaken or rights that have 
been acquired before the entry into force.  IP/N/1/SWE/C/1/Add.2 
 Page 17 
 
 
   
 
Act (2005:360) of May 26, 2005, Amending the Act (1960:729) on  
Copyright in Literary and Artistic Works  
In accordance with the decision by the Parlia ment it is hereby pr escribed, as regards 
the Act (1960:729) on Copyright in Literary and Artistic Works, 
that the present Article 53 a s hall be numbered Article 53 b, 
that Articles 53 and 55 as well as the new Article 53 b, shall read as follows,  
that in the Act shall be inserted a new Ar ticle, numbered Article 53 a, reading as 
follows.  Article 53.  Anyone who, in relation to a literary or artistic work, co mmits an act which 
infringes the copyright enjoyed in the work under the provisio ns of Chapters 1 and 2 or 
which violates directions give n under Article 41, se cond Paragraph, or Article 50, shall, 
where the act is committed wilfully or with gross negligence, be p unished by fines or 
imprisonment for not more than two years.  Anyone who for his private use copies a co mputer program which is published or of 
which a copy has been transferred with t he authorisation of the author shall not be 
subject to criminal liab ility, if the master copy for the co pying is not used in commercial 
or public activities and he or she does no t use the copies produ ced of the computer 
program for any purposes other than his priv ate use. Anyone who for his private use 
has made a copy in digital form of a compilation in digita l form which has been made 
available to the public shall,  under the same conditions, not be subject to criminal 
liability fo r the act. 
 The provisions of the first Paragraph apply also if a perso n imports copies of a work 
into Sweden for distri bution to the public, if such a copy has been produced abroad 
under such circumstances th at a similar product ion here would have  been punishable 
under that paragraph. 
 
Anyone who has violated an inj unction issued under penalty of a fine pu rsuant to Article 
53 b, may not be held liable under criminal  law for the infringe ment covered by the 
injunction.  Attempts to commit acts  implying violations referred to  in the first and third Paragraphs, 
and preparations for su ch acts are punishabl e pursuant to Chapter 23 of the Criminal 
Code.  Article 53 a. Property in relation to which a violati on has occurred pursuant to this Act 
shall be declared forfeited, if  that is not consid ered obviously unreas onable. Instead of 
the property itself, its value may be declared forfeited. Also profits from such a violation 
shall be declared forfeited, if it is not obviously unreasonable. The same  applies to what 
someone has receiv ed in compensation for costs rela ted to such a violation, or the 
value of what has been receiv ed, where the act of receiv ing constitutes a violation 
pursuant to this Act.  IP/N/1/SWE/C/1/Add.2 
Page 18  
 
 Property that has been used as  a tool in connection with a violation under this Act may 
be declared forfeited, where th is is needed in order  to prevent violatio ns or where there 
are otherwise special re asons. The same applies to proper ty that has b een intended to 
be used as a tool in connection with such  a violation, where the violation has been 
carried out or has constitu ted a punishable attempt or a punishable preparation. 
Instead of the property itself, its value may be forfeited.   
 
Article 53 b.   At the request of the au thor or his successor in ti tle or of a person who, 
on the basis of a license, has the right to exploit the work, the Court may issue an 
injunction prohibiting,  under penalty of a fi ne, a person who commit s an act implying an 
infringement or a violatio n referred to in Article 53 to continue that act. 
 If the plaintiff shows a probable cause that an act implying  an infringement or a violation 
as referred to in Article 53 takes place, or a contribution to that  act, and if it can 
reasonably be expected that the defendant, through the co ntinuation of the act, or the 
contribution thereto, diminishes the value that the exclusive ri ght under copyright 
confers, the Court may issue an injunction, on 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 re spond, unless a delay would 
entail a risk for damage.  An injunction as mentioned in  the second Paragraph  may be issued only  if the plaintiff 
deposits a se curity with the Court for the damage which ma y be caused to the 
defendant. If the plaintiff is  not capable of depositing su ch a security, the Court may 
liberate him from making such a deposit. As re gards the type of security, the provisions 
of Chapter 2, Article 25, of the Enforcement  Code shall apply. The security shall be 
examined by the Court unless th e defendant has accepted it. 
 When the case is adjudica ted, the Court shall decide whether a prohibition issued 
under the second Paragraph s hall continue to apply. 
 The provisions on appeal a gainst decisions in Chapter 15 of the Code of Judicial 
Procedure shall apply as re gards appeals against de cisions under the second and third 
Paragraphs and as regards the proceedings in higher Courts. 
 A request for the imposition of a fine may be made by the pers on who has requested 
the injunction. In connection with such an imposition, a request may be made for a new 
injunction to be issued under penalty of a fine. 
 Article 55.  Anyone who commits an act involving an infringement or a violation under 
Article 53 shall, if this is  considered reasonable, surre nder to the author or his 
successor in title, for a comp ensation, the property involved  in the infrin gement or the 
violation. The same shall appl y to type matter, printing bl ocks, moulds or other similar 
devices which can be used only for the production of property of the kind now 
mentioned.  Instead of issuing an order fo r surrender as prescribed pu rsuant to the fi rst Paragraph, 
the Court may, at the request of  the author or his successor in  title, in ac cordance with  IP/N/1/SWE/C/1/Add.2 
 Page 19 
 
 
 what is considered reasonable,  order that such property shal l be destroyed or altered in 
specific ways or that other measures shal l be taken to prevent wrongful use.  
 The provisions of the first and the second Paragraphs shall not apply in respect of 
persons who have in good faith acquired the property or a right in it, nor in cases 
involving the construction of  a work of architecture. 
 Decisions pursuant to this Arti cle shall not be issu ed, if forfeiture or  measures for the 
prevention of wrongful use ar e to be decided pursuant to Article 53 a or the Criminal 
Code. __________________ 1. This Act enters into force on July 1, 2005. 2. In respect of criminal acts perpetrate d before this Act ente red into force, the 
provisions of the previous version of Article 55 apply.   IP/N/1/SWE/C/1/Add.2 
Page 20  
 
 Act (2005: 361) of May 26, 2005, Amending the Act (1980:612)  
on Mediation in Certain Copyright Disputes.  
In accordance with the decision by the Parlia ment, it is hereby pr escribed that Article 
1 of the Act (1980:612) on Mediation in Ce rtain Copyright Disputes shall read as 
follows.  Article 1. This Act applies when a dispute arises  concerning the conclusion of such 
an agreement that is a condi tion for the extended effect of collective licenses 
pursuant to Articles 42 b – 42 d. or, in  so far as retrans mission by cable is 
concerned, Article 42 f of t he Act (1960:729) on Copyright in Literary and Artistic 
Work. The Act applies also in corresponding disputes which may arise because of the references to Articles 42 b - 42 d. and 42 f. in Articles 45, 46, 49 and 49 a. in the 
Act on Copyright in Literary and Arti stic works, and when an agreement on the 
making of copies shall be concluded wit h Swedish sound radio or television 
organizations or an agreement on retransmiss ion by cable shall be concluded with 
sound radio and television organizations wh ich carry out broadcasts within the 
European Economic Area. _______________- This Act enters into force on July 1, 2005.  IP/N/1/SWE/C/1/Add.2 
 Page 21 
 
 
 Regulation (2005:362) 
Amending the Copyright Regulation (1993:1212)  
The Government prescribes that Sect ion 3, and the heading immediately before 
Section 3, of the Copyright Regulat ion (1993:1212) shall read as follows. 
 
On the Making of Copies etc. for Persons with a Disability 
 
Section 3.  When libraries and organizations make  or communicate copies of works 
pursuant to Article 17, second Par agraph, of the Copyright Act shall 
  1. the author be informed where th is can be done without inconvenience, 
  2. on the copies information be put on the title of the work , the year of the 
preparation and the producer of the copy as well as the information items prescribed 
pursuant to Article 11 of the Copyright Act, and   3. the producer establish a r egister of the c opies produced. 
 Where a library or an organization distribut es or communicates copies to persons 
with a disability in such a way that thos e persons may keep a copy, the author shall 
be informed also about this. This app lies only if this can be done without 
inconvenience.   ____________ This Regulation enters into  force on July 1, 2005. 
 
__________