Sweden has implemented the Temporary acts of reproduction (Art. 5.1 InfoSoc) exception in Article 11a 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 preparation of temporary forms of copies of works, if the preparation of the copies constitutes 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 sole purpose of the preparation must be to enable (1) a transmission in a network between third parties by an intermediary, or (2) a lawful use, that is, a use that occurs with the consent of the author or rightsholder, or another use which is not prohibited under the law. The copies must not have any independent economic importance. The provision expressly states, that it does not confer a right to prepare copies of literary works in the form of computer programs or compilations.

Implementation details:

Beneficiaries:

• intermediaries (transmission in a network)
• any user (other lawful uses)

Purposes:

• transmission in a network between third parties by an intermediary
• other lawful uses

Usage:

• preparation of temporary forms of copies

Subject Matter:

• works
• non-original photographs
• performances
• phonograms
• film fixations
• broadcasts
• press publications

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• the nature of reproductions must be temporary
• the reproductions must be an integral and essential part of a technological process
• the copies made must be transient or have only a secondary importance in the process
• the copies made must not have any independent economic importance

Introduced/last updated: 01 July 2005

Remarks: The Swedish legislator explicitly defined 'lawful access' as 'a use that occurs with the consent of the author or rightsholder, or another use which is not prohibited under the law'.

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) 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.