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 governmental and municipal archival authorities, scientific and research libraries operated by the community at large, and public libraries to prepare copies of works, other than computer programs (1) for purposes of preservation, 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 prepared on paper under the exception may be distributed to library borrowers. Other archives and publicly accessible libraries are entitled to prepare copies of works, with the exception of computer programs, for purposes of preservation.

Implementation details:

Beneficiaries:

  • governmental and municipal archival authorities, scientific and research libraries operated by the community at large, and public libraries
  • other archives and publicly accessible libraries (for preservation purposes only)

Purposes:

  • preservation, completion or research
  • 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
  • use in reading devices

Usage:

  • reproduction
  • distribution (paper copies)

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

Introduced/last updated: 01 July 2005

Remarks: 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), 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.