Sweden has implemented the Preservation of cultural heritage (Art. 6 DSM) exception in Article 16, para 1 of the Act (1960:729) on copyright in literary and artistic works. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the reproduction for purposes of preservation by libraries and museums that are publicly accessible, archives and institutions for film and audio haritage. The exception is not overridable by contract.

Implementation details:

Beneficiaries:

• libraries and museums that are publicly accessible, archives and institutions for film and audio haritage

Purposes:

• preservation

Usage:

• reproduction

Subject Matter:

• works (except for computer programs)
• non-original photographs
• performances
• phonograms
• film fixations
• broadcasts
• databases
• press publications

Compensation:

• no compensation required

Attribution:

• the source must be, as a general rule, stated to the extent and in the manner required by proper usage

Introduced/last updated: 01 January 2023

Remarks: The exception is not overridable by contract and by technical protection measures (TPM). According to art. 52f, para 2 of the Law, 'Where a technological measure prevents such use, a court may, on application by an authorised user, order the author or his rightholder to enable the user to use the work in the manner specified in the relevant provision'.

The exception extends to the rights of performers (art. 45(3) of the Law), photographers (art. 49a(4) of the Law), phonograms and film producers (art. 46(3) of the Law), broadcasting organisations (art. 48(3) of the Law), database makers (art. 49(3) of the Law) and press publishers (art. 48b(4) of the Law).

Art. 11(2) requires that when a work is used publicly under an exception, the source must be, as a general rule, stated to the extent and in the manner required by proper usage. It also requires that the work must not be altered more than necessary for the intended use.