Sweden has implemented the Use for the benefit of people with a disability (Art. 5.3(b) InfoSoc) exception in Article 16 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 anyone who has a visual or reading disability and who is therefore unable to enjoy a work which has been made public in the form of a book or other writing, notation or related illustration to substantially the same degree as a person without such an impairment, is entitled to prepare copies of the work in a format which is accessible to him or her. The same applies to any person acting on behalf of that person. Beneficiaries must have lawful access to the work and must use it for their exclusive benefit.
Implementation details:
Beneficiaries:
- persons with a visual or reading disability
Purposes:
- for beneficiaries' exclusive benefit
Usage:
- preparing copies in a format accessible to the beneficiary
Subject Matter:
- works
- performances
- phonograms
- broadcasts
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
Other Conditions:
- works used must be made public
- works used must be in the form of a book or other writing, notation or related illustration
- beneficiaries must have lawful access to the work used
Introduced/last updated: 01 July 2005
Remarks: In 2018 (by amendment with Act 2018:1099) the exception was replaced in its entirety by a provision implementing the Marakesh Directive (EU) 2017/1564.
A person with a visual or reading disability means (1) a person who is blind, (2) a person who has a visual impairment which cannot be improved so as to give the person a visual function substantially equivalent to that of a person having no such impairment, (3) a person who has a perceptual or reading disability, or (4) a person who, due to a physical disability, is unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally required for reading.
The exception extends to the rights of performers (art. 45(3) of the Law), phonograms producers (art. 46(3) of the Law) and broadcasting organisations (art. 48(3) 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.
