Sweden has implemented the Incidental inclusion (Art. 5.3(i) InfoSoc) exception in Article 20a 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 preparation and distribution of copies, the public performance and the communication to the public of works of fine art, within a film or a television program, if the exploitation is of minor importance in relation to the content of the film or the television program. Corresponding acts of exploitation may also be carried out in respect of works of fine art that appear in the background, or otherwise constitute an insignificant part, of a picture. The exception requires the work used to be copied from a lawful source.
Implementation details:
Beneficiaries:
- any user
Purposes:
- not specified
Usage:
- reproduction
- distribution
- public performance
- communication to the public
Subject Matter:
- works of fine art
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:
- use must be carried out within (1) a film or (2) a television program, or (3) a picture
- the exploitation is of minor importance in relation to the content of the film or the television program, or appear in the background, or otherwise constitute an insignificant part, of the picture
- the source of the work used must be lawful
Introduced/last updated: 01 July 2005
Remarks: The exception does not extend to neighbouring rights.
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.
