Sweden has implemented the Use during religious or official celebrations (Art. 5.3(g) InfoSoc) exception in Article 21 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 the public performance of already disclosed works, with the exception of cinematographic works and works made for the stage, on occasions where the performance of such works is not the main feature of the event, no admission fee is charged and the event is not organised for commercial purposes, or in the context of educational activities or religious services.
Implementation details:
Beneficiaries:
- any user
Purposes:
- performances where the work is not the main feature of the event, no admission fee is charged and the event is not organised for commercial purposes
- educational activities
- religious services
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 provision of art. 21 combines the implementation of art.5(3)(g) of the InfoSoc directive with other cases of public performances for social and educational purposes.
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.
