Sweden has implemented the Private copying (Art. 5.2(b) InfoSoc) exception in Article 12 of the Act (1960:729) on copyright in literary and artistic works. The national exception is much more restrictive than the EU exception.

Implementation summary:

This exception allows for the reproduction, for private purposes, of one or a few copies of works that have been made public. In respect of literary works in written form the reprodudcton of copies may, however, concern only limited parts of works, or such works of limited scope. The provision expressly states that it does 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. Beneficiaries cannot engage third parties to (1) prepare copies of musical works or cinematographic works (2) copy articles of applied art or sculptures, or (3) copy other works of fine art by means of an artistic process. The real master copy used must be lawfully made.

Implementation details:

Beneficiaries:

• any user (limited to physical persons by doctrine)

Purposes:

• private purposes

Usage:

• reproduction

Subject Matter:

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

Compensation:

• fair compensation required

Attribution:

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

Other Conditions:

• works reproduced have to be divulgued
• use must be limited to legally marketed copies and copies made under an exception or limitation
• reproduction must be limited to one or a few copies
• use of literary works in written form must be limited to parts of works, or such works of limited scope
• some uses such as (1) constructing works of architecture, (2) preparing copies of computer programs, or (3) preparing copies in digital form of compilations in digital form, are prohibited
• beneficiaries cannot engage third parties to (1) prepare copies of musical works or cinematographic works (2) prepare utilitarian articles or sculptures, or (3) copy other works of fine art by means of an artistic process

Introduced/last updated: 01 July 2005

Remarks: 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) and broadcasting organisations (art. 48(3) of the Law). There is no reference for the press' publishers' right.

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.