Sweden has implemented the Use for public security purposes (Art. 5.3(e) InfoSoc) exception in Articles 26a and 26b 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 provision or Article 26a allows for the use of works in the context of the activities of a Public Authority, or a report of a legal proceeding or a case or matter in which the work has appeared and the work is rendered only to the extent called for by the purpose of the report. Anyone is entitled to use documents prepared by Swedish Public Authorities. The exception does not apply to maps, technical models, computer programs, works created for educational purposes, works which are the result of scientific research, works of pictorial art, musical works, works of poetry, or works copies of which are made available to the public through Public Authorities in commercial activities. The provision or Article 26b allows for the use of work in accordance with the Freedom of the Press Act, as well as in the interest of the administration of justice or of public security.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • activities of a public authorities
  • report of a legal proceeding or a case
  • in the interest of the administration of justice
  • public security
  • in connection with the Freedom of the Press Act

Usage:

  • any use

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:

  • the exception under art. 26a does not apply to maps, technical models, computer programs, works created for educational purposes, works which are the result of scientific research, works of pictorial art, musical works, works of poetry, or works copies of which are made available to the public through Public Authorities in commercial activities
  • the work must be used only to the extent called for by the purpose of the report (art.26a)

Introduced/last updated: 01 July 2005

Remarks: The scope of both art.26a and 26b 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.