Sweden has implemented the Reproductions by Libraries, Archives & Museums (Art. 5.2(c) InfoSoc) exception in Article 16 of the Act (1960:729) on copyright in literary and artistic works. The national exception is slightly more restrictive than 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. It also allows for governmental and municipal archival authorities, scientific and research libraries operated by the community at large, and public libraries to reproduce works, other than computer programs (1) for purposes of completion or research, (2) for satisfying the needs 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 made on paper under the exception may be distributed to library borrowers.

Implementation details:

Beneficiaries:

• libraries and museums that are publicly accessible, archives and institutions for film and audio haritage (for preservation purposes)
• governmental and municipal archival authorities, scientific and research libraries operated by the community at large, and public libraries (for purposes of completion or research)

Purposes:

• preservation (for libraries and museums that are publicly accessible, archives and institutions for film and audio haritage)
• completion or research (for governmental and municipal archival authorities, scientific and research libraries operated by the community at large, and public libraries)
• satisfying the needs of library borrowers for single articles or short extracts, or for material which, for security reasons, should not be given away in original form (for governmental and municipal archival authorities, scientific and research libraries operated by the community at large, and public libraries)
• use in reading devices (for governmental and municipal archival authorities, scientific and research libraries operated by the community at large, and public libraries)

Usage:

• reproduction
• distribution of paper copies (for governmental and municipal archival authorities, scientific and research libraries operated by the community at large, and public libraries)

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: In 2023 the exception was amended to incorporate the implementation of art.6 of the CDSM Directive. Reproduction for preservation purposes was retreaved in a stand-alone first paragraph, covering a broader range of beneficiaries, while the previous wording of the exception was left in para 2 et seq. for purposes other than preservation.

The exception enbles its benefifciaries to digitise works for the purpose of digital lending, however the lending itself falls outside the scope of the provision and is governed by an extending collective licensing scheme as per art. 42d of 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), 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.