SWEDEN Law and Practice Contributed by: Helena Rönqvist, Magnus Jonson, Vilma Slättegård and Anna Karlsson, Magnusson Law
to any modification of, or making available of, the work in a manner or context that is prejudicial to the author’s literary or artistic reputation or individuality. Moral rights cannot be assigned but may be waived by the author. Upon the author’s death, moral rights pass to the author’s heirs or successors, who may exercise them for the duration of the copyright term. 3.5 Term of Protection and Termination Copyright subsists for the lifetime of the author and for a further 70 years after the author’s death. Upon the author’s death, the copyright passes to the author’s successors by inheritance or Will. As regards neigh- bouring rights, these normally subsist for 50 years from the year of the performance. If an audio recording is released or made public within the 50-year period, the rights will instead subsist until 70 years after the first release or the first occasion on which the audio recording was made public. Database rights subsist for 15 years. 3.6 Limitations, Exceptions and Defences Fair Dealing Sweden does not have a broad, flexible “fair use” defence. Use of copyrighted material without permis- sion is generally an infringement unless it falls within a strictly defined statutory exception. Any limitation or exception must satisfy the “three- step test” (an international standard), meaning the exception applies only in special cases, does not con- flict with normal exploitation of the work, and does not unreasonably prejudice the rights-holder. Quotation It is permitted to quote from a work that has been made public, provided the quotation is done in accordance with “proper usage” and only to the extent necessary for the purpose. The source must be acknowledged, and the quote must serve a purpose such as criticism, review, or illustration. Parody While not explicitly defined in the text of the Swedish Copyright Act, parody is permitted on the basis of legislative preparatory works and case law. Following EU case law ( Deckmyn ), a parody must:
• be reminiscent of an existing work while being distinctly different; and • constitute an expression of humour or mockery. A parody is regarded as a new, independent work that does not infringe the economic or moral rights of the original creator. Private Use The private use exception permits individuals to repro- duce published works for private use. The key conditions and limitations are as follows. • The reproduction must be for private use, meaning personal use or use within a close circle of family and friends. It does not extend to professional or commercial use. • The source material must be lawfully published; copying from an unlawful source is not permitted. • The exception covers making a limited number of copies. • For text, “private use” is restricted to limited parts of works or works of limited scope. • Certain categories of works are excluded from the private copying exception, including: (a) computer programs; (b) making copies of buildings or three-dimen- sional works of art through three-dimensional reproduction; and (c) copying sheet music. • The private copying exception does not permit the person making the copy to engage others to do so on his or her behalf in a commercial context. • Rights-holders are compensated for private copying through a statutory remuneration scheme administered collectively, funded in part through levies on blank media and copying equipment. It should be noted that the private use exception does not extend to public performance, distribution or any other act beyond private reproduction. 3.7 Copyright Enforcement and Remedies Infringement Infringement occurs where a person, without the con- sent of the rights-holder and without the benefit of a statutory exception, performs any of the acts falling
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