Sweden has implemented the Reporting by the press on current events (Art. 5.3(c) 2nd part InfoSoc) exception in Articles 23(3) and 25 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:

The Swedish Copyright Act contains several provisions allowing for uses linked to the reporting of current events. Article 23(3) allows for works of fine art which have been made public to be displayed in a newspaper or a periodical together with a report on a current event, except if the work has been created for reproduction in such a publication. Article 25 allows for works which are being seen or heard in the course of a current event to be displayed in connection with information concerning the current event through radio, television, direct communication or film. The works may, however, be represented only to the extent called for by the information purpose.

Implementation details:

Beneficiaries:

  • newspapers or periodicals (art.23)
  • any user (art.25)

Purposes:

  • informatory purpose (reporting of current events)

Usage:

  • communication to the public

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:

  • if a work of fine art has been created for reproduction in a publication in a newspaper or a periodical, it cannot be used under the exception as per art.23(3)
  • works used must be seen or heard in the course of a current event (art.25)
  • the works must be used in connection with information concerning the current event through radio, television, direct communication or film (art.25)
  • use must be limited to the extent called for by the information purpose (art.25)

Introduced/last updated: 01 July 2005

Remarks: Apart from art. 23(3) and 25, art. 25a allows for works that are being seen or heard in a television broadcast to be displayed when a television organization transmits an extract from the broadcast pursuant to art. 48a. Art. 48a allows for television organizations established within a country member of the European Economic Area to make use of extracts from a television broadcast of an event of significant public interest in its own television broadcasts constituting general news programs. Although connected to the reporting of current events exception, the provisions of art. 25a and 48a seem to implement the requirements of the AVMS Directive and the ECTT on “events of major importance for society” and “events of high interest to the public”.

The exception as per art.25 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.