Sweden has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Article 26e 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 a radio or television organization which has the right to broadcast a work, to record the work on a carrier from which it can be rendered, if this act is carried out for use in the beneficiery's own broadcasts on a few occasions during a limited time. Such recordings which have a documentary value may be preserved in the Royal Library.
Implementation details:
Beneficiaries:
- radio or television organizations
Purposes:
- beneficiaries' own purposes
- archivation
Usage:
- reproduction
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:
- recordings which have a documentary value may be preserved in the Royal Library
Introduced/last updated: 01 July 2005
Remarks: The provision of art. 26e aslo allows for third parties to record broadcasts in order to secure evidence concerning the content of the broadcast, or to make it possible for a Government Authority to exercise supervision over the broadcasting activities.
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.
