paragraph 1 of this regulation are regulations on the application of the law
(1960:729) on copyright in literary and artistic works
(the Copyright Act) with respect to other countries and intergovernmental
organizations.
For the purposes of the application of the Copyright Act, the person is a national of
a country that is part of the European economic area (a
EEA country) is always treated as if he were Swedish citizens. At
the application of the law, a legal person of an EEA country
always be treated as a Swedish legal entity and a legal person
with registered office in an EEA country is always treated as a legal person with
based in Sweden. Regulation (1995:1275).
Berne Convention for the protection of literary and artistic works
section 2 of the copyright of the copyright law shall
apply to
1. works of the nationals or have their usual
place of residence in a country other than Sweden within the
International Union for the protection of literary and artistic
works (Berne Union),
2. works that were first published in another EU country than
Sweden
3. works that are first published in a country outside the Union and
then, within thirty days of an EU country,
4. cinematographic works whose producer has its headquarters or its usual
place of residence in another EU country than Sweden,
5. works which are constructed in a different EU country than
Sweden, and
6. works of graphic or plastic art which form part of a
building which is built in a different EU country than Sweden or
as in any other way is firmly attached to the ground in a
such a country.
For the purposes of the first subparagraph of paragraph 4, it is considered that names on
the usual way is set out in the copy of the video work as its
producer, unless otherwise shown.
The provisions of 26 n-26 p § § copyright laws applicable
on the work of the who are citizens or have their habitual
place of residence in another EU country than Sweden, on the other
EU country has implemented such a reimbursement scheme which
referred to in article 14 ter of the Berne Convention for the protection of
literary and artistic works.
The first subparagraph shall not apply the provisions of
44 a of the Copyright Act. Regulation (2007:520).
section 3 of the protection under Swedish law shall not apply when the term of
the work's country of origin has expired.
If the work was first published in a European Union country, is this country authority
homeland. If the work within thirty days were released in several
European Union countries, is the homeland the country which has the shortest
the term of protection. If the work within thirty days were released in one country
outside the Union and in a country of the Union, the Union country homeland.
If a work does not have a homeland within the Union in accordance with the second subparagraph, the
the home Member State the EU country in which the author is a national, or
has his habitual residence. For cinematographic works whose producer has its headquarters
or his habitual residence in a country of the Union, however, is this country
homeland. For structures that are constructed in a EU country, for
works of art which forms part of a building which is built in a
EU countries and for works of art in any other way is fixed
United with the ground in such a country is this country homeland.
4 § in the case of an agreement for the contribution to cinematographic works referred to in paragraph 2 of the
1-4 of 39 § copyright laws, unless otherwise
to the provisions of the agreement. The law of the country in which the film producer has its headquarters
or his habitual residence decides whether such a contract
shall be in writing in order for it to have such an effect as referred to in
the first sentence.
The first subparagraph shall also apply to agreements on contributions to such
cinematographic works referred to in § 60 copyright law if the work in accordance with paragraph 3 of
1. has the country in a different EU country than Sweden, or
2. have a homeland in Sweden but that the Swedish law shall apply to
the agreement.
§ 5 the provisions of paragraphs 2 to 4 shall also apply in the case of the right
to the photographic image under copyright law.
World Convention on copyright
section 6 of the copyright of the copyright law shall
apply to
1. the work of the who is a national of a country other than Sweden
which is connected to the World Convention on copyright in
its original version or the modified version in the
received in Paris on 24 July 1971,
2. works by persons domiciled in a country referred to in paragraph 1, if the
the country through its legislation treats him or her with
its own nationals with regard to the application of
World Convention
3. works of stateless persons or refugees who have their normal
place of residence in a country that is party to the additional Protocol 1
to the Convention in its original or amended form,
and
4. works that are first published in a country that is connected to the
the Convention in its original or amended form.
The first subparagraph shall not apply the provisions of
26 n-26 p and 44 (a) of the Copyright Act.
Regulation (2008:851).
section 7 protection under Swedish law shall not apply when the term of
the work's country of origin has expired.
If the work was first published in a country that is connected to the
World Convention, this country, the work's country of origin. If the work
within thirty days were released in several such countries, is
the homeland the country with the shortest term of protection. If the work
first published in a country that is not connected to the
Convention or if the work has not been released, is the homeland
the Convention country in which the author is a national, or,
under the conditions set out in section 6, first paragraph 2 and
3, domiciled or habitually resident.
Regulation (2008:851).
§ 8 the provisions of sections 6 and 7 do not apply to works whose country of origin
According to section 3 is
1. a country within the Berne Union, or
2. a country that has come out of the Union after 1 January
1951.
The rules apply, however, if the country
1. a developing country as referred to in (b) of the supplementary declaration if
Article XVII of the amended wording of the global Convention, and
2. leaving the Berne Union deposited a notification of
the Director-General of the United Nations Organization for
education, science and culture (UNESCO) if that country
sees itself as a developing country. Regulation (2008:851).
§ 9 the provisions of §§ 6-8 shall apply also in the case of
the right to a photographic image under copyright law.
Regulation (2008:851).
The work of the United Nations, etc.
section 10 of the copyright and the right to a photographic
picture of the copyright law shall apply to
1. works and photographic pictures first published by
The United Nations, any of the specialized agencies of the United Nations
or the Organization of American States, and
2. unpublished works and photographic pictures that any of these
organizations may issue.
The first subparagraph shall not apply the provisions of
26 n-26 p and 44 (a) of the Copyright Act.
Regulation (2008:851).
The Rome Convention
section 11 of the Copyright Act and the provisions of § 45 of this
connecting provisions of the law otherwise applicable to
1. performances that have been made in a country other than Sweden
which is connected to the International Convention on 26
October 1961 on the protection of performers, producers of
Phonograms and broadcasting organizations (the Rome Convention),
2. performance of a sound recording, if the sound recording has
been made in a Convention country,
3. performance of a sound recording whose producers are
citizens or have their habitual residence in, or is a
legal person of a Contracting State, and
4. performances that have not been taken up on a device by
What performance can be reproduced and included in a sound radio
or television broadcasting which is sent from a Convention country
or by a radio or television company which has its registered office
in a Convention country.
It is stated in the first paragraph does not apply to the provisions
If the making available to the public of fixations of 45 §
first paragraph 3 copyright law. Regulation (2008:851).
section 12 of the Copyright Act and the provisions of § 48 of this
connecting provisions of the law otherwise applicable to
1. sound radio and television broadcasts that were made in a
country other than Sweden which is connected to the Rome Convention,
and
2. broadcasting of the radio or television undertaking whose
established in a contracting country.
It is stated in the first paragraph does not apply to the provisions
If the distribution to the public in 48 paragraph 3 and of
transfer of busy broadcasts in paragraph 48 5
the copyright law. Regulation (2008:851).
paragraph 13 of The producers of a sound recording and the performer
artists whose performances are on such shall have the right to
compensation in the same manner as set out in section 47-fourth
paragraphs, if
1. the sound recording has been made in a country other than Sweden and
the country is party to the Rome Convention, or
2. the petitioner are citizens or have their habitual
place of residence in or is a legal person of a
Convention country.
The right to compensation referred to in the first subparagraph shall only apply if
the sound recording is used
1. a sound radio or television broadcast,
2. for any other communication to the public, or
3. in the case of a public performance.
The right to compensation referred to in the first and second subparagraph
No audio video.
The provisions of paragraph 45 and paragraph 46
copyright law should apply to the right to compensation
under the first and second subparagraphs.
The right to compensation referred to in the first and second subparagraph
only to the extent and for such time as the other country
gives a right to remuneration for use of sound recordings
related to Sweden. The fact that the country in
only reimbursement for either
the petitioner or the performers whose performances
available on the sound recording, however, should not affect the right to
compensation. Regulation (2008:851).
section 14 rights under section 11, first paragraph, 1 and 2, and section 12 of
the first subparagraph of paragraph 1 shall not apply when the term of protection has expired in
the country where the performance, sound recording or broadcast
was. Rights under section 11, first paragraph 3 shall not
apply when the protection of the country in which the petitioner is
citizens or have their habitual residence in, or is a
legal person of has expired. In terms of performances and
broadcasts protected under section 11, first paragraph 4 or
12 paragraph 2 shall cover not apply when the term of
the country where the company has its registered office.
Regulation (2008:851).
The European television agreement
section 15 of the copyright laws, the provisions of § 48 of this
connecting provisions of the law otherwise applicable to
television broadcasts made in a country other than Sweden
which is connected to the European Agreement on June 22
in 1960, on the protection of television broadcasts, as well as
Additional Protocol on 22 January 1965 and on 21 March 1983.
The provisions shall also apply to broadcasts of
television companies which have their registered office in a country.
It is stated in the first paragraph does not apply to the provisions
If the distribution to the public in paragraph 48 3
the copyright law.
The protection referred to in the first subparagraph shall not apply when the term of protection
has gone out of the country in which the broadcast took place, or
the television company has its registered office.
In the case of television broadcasts from the United Kingdom,
the right of fixation of a broadcast on a device by
which it can be reproduced, and the right to copy the production of
a recording of the broadcast not to apply to the fixation of
still images through photography and reproduction of
such images. Regulation (2008:851).
The agreement on trade-related aspects of intellectual property rights
section 16 of the copyright of the copyright law shall
apply to works of nationals or have their
habitual residence in a country other than Sweden which is connected
to the World Trade Organization and thus have approved the agreement
on trade-related aspects of intellectual property rights (WTO
country).
The provisions of 26 n-26 p § § copyright laws applicable
on the work of the who are citizens or have their habitual
whereabouts in a WTO country, if the other country has implemented
such a reimbursement scheme referred to in article 14 ter of
Berne Convention for the protection of literary and artistic works.
The first subparagraph shall not apply the provisions of
44 a of the Copyright Act. Regulation (2008:851).
section 17 of the Provisions of paragraph 3 shall also apply to works of which are
citizens or have their habitual residence in a WTO country.
The provisions of paragraph 4 shall also apply in the case of a contract for the
contribution to a film of the nationals or have their
habitual residence in a WTO country. Regulation (2008:851).
section 18 of the provisions of section 45 copyright law and to
the paragraph connect-provisions of the Act should
apply to a performance of the who is a national of a
WTO member countries, but only with regard to
1. the fixation of the performance of the audio device through which the
may be reproduced,
2. wireless transmission of the performance in sound radio or
television or making available to the public by
the performance by direct transfer,
3. copy the production of recordings of the broadcast, and
4. making available to the public of the performance by
rental of sound recordings. Regulation (2008:851).
section 19 of the Copyright Act and the provisions of paragraph 46 of section
connecting provisions of the law otherwise applicable to the
Phonograms whose producer is a national of a WTO member country or
legal person from a WTO member country as regards the making available to the
public through rental. Regulation (2008:851).
section 20 of the copyright laws, the provisions of section 48 to
the section connecting provisions of the Act should
apply to broadcasts of broadcasting organisations
which has its seat in a WTO country, but only in the case of
1. the fixation of broadcasts on the arrangements by which they can
reproduced,
2. wireless retransmission of broadcasts,
3. the communication to the public of television broadcasts on
places where the public has access against an entrance fee,
4. copy the production of recordings of the broadcast, and
5. dissemination to the public of sound recordings by
rental. Regulation (2008:851).
The WIPO Copyright Treaty
paragraph 21 of the copyright and the provisions on the protection
for technical measures and for electronic information on
rights management of the copyright law shall apply to
1. works of the nationals or have their usual
place of residence in a country other than Sweden which is connected to
WIPO Copyright Treaty, adopted on 20 december 1996,
2. works that were first published in another Contracting State other than
Sweden
3. works that are first published in a country that is not
failure of a Member State and then, within thirty days of an
failure of a Member State,
4. cinematographic works whose producer has its headquarters or its usual
the whereabouts of another treaty country other than Sweden,
5. works which are constructed in a different Contracting State other than
Sweden, and
6. works of graphic or plastic art which form part of a
building which is built in another treaty country other than Sweden
or in any other way is firmly attached to the ground in a
such a treaty country.
For the purposes of the first subparagraph of paragraph 4, it is considered that names on
the usual way is set out in the copy of the video work as its
producer, unless otherwise shown.
The provisions of 26 n-26 p § § copyright law applies
on the work of the who are citizens or have their habitual
the whereabouts of another treaty country other than Sweden, on the other
failure of a country has implemented such a reimbursement scheme which
referred to in article 14 ter of the Berne Convention for the protection of
literary and artistic works.
It is stated in the first paragraph shall not apply the provisions of
44 a of the Copyright Act. Regulation (2008:851).
section 22 of the provisions of paragraph 3 shall also apply to works of the
are citizens or have their habitual residence in another
country than Sweden which is attached to the WIPO
copyright.
The provisions of paragraph 4 shall apply also in the case of a contract for the
contribution to a film of the nationals or have their
habitual residence in a contracting country. Regulation (2008:851).
section 23 of the provisions of §§ 21 and 22 shall apply also in the case
If the right to a photographic image under copyright law.
Regulation (2008:851).
WIPO performances and Phonograms Treaty
section 24 of the provisions of section 45 copyright law and to this
connecting provisions of the law otherwise applicable to
1. performances that have been made in a country other than Sweden
which is attached to the WIPO performances and
phonograms, adopted on 20 december 1996,
2. performance of a sound recording, if the sound recording has
made in a treaty country,
3. performance of a sound recording whose producers are
citizens or have their habitual residence in, or is a
legal person of a treaty country, or
4. performances that have not been taken up on a device by
What performance can be reproduced and included in a sound radio
or television broadcasting of a radio or
the television company that has its headquarters in a treaty country.
It is stated in the first paragraph does not apply to the provisions
If the making available to the public of fixations of 45 §
first paragraph 3 copyright law except in the case of
1. the dissemination in the form of transfer or lease of a
sound recording, or
2. communication to the public takes place in such a way that
members of the public may access an audio recording of a
performance from a place and at a time individually
Select. Regulation (2008:851).
section 25 of the copyright laws, the provisions of § 46 of this
connecting provisions of the Act should, in addition to what
follows from § 61 Copyright Act, apply to
1. sound recordings that have been made in a country other than Sweden
which is attached to the WIPO performances and
phonograms, and
2. sound recordings, whose producers are citizens or have
their habitual residence in, or is a legal person of a
failure of a Member State.
It is stated in the first paragraph does not apply to the provisions
If the making available to the public in paragraph 46 2
copyright law except in the case of
1. the dissemination in the form of transfer or lease of a
sound recording, or
2. communication to the public takes place in such a way that
members of the public may access an audio recording from a place
and at a time individually chosen by them.
Regulation (2008:851).
section 26 of The producers of a sound recording and the performer
artists whose performances are on such shall have the right to
compensation in the same manner as set out in section 47-fourth
paragraphs, if
1. the sound recording has been made in a country other than Sweden and
the country is party to the WIPO performances and
phonograms, or
2. the petitioner are citizens or have their habitual
place of residence in or is a legal person of a
failure of a Member State.
The right to compensation referred to in the first subparagraph shall only apply if
the sound recording is used
1. a sound radio or television broadcast,
2. for any other communication to the public except in cases where
the transfer is done in such a manner that the individual can get
access to the sound recording from a place and at a
time individually chosen by them, or
3. in the case of a public performance.
The right to compensation referred to in the first and second subparagraph
No audio video.
The provisions of paragraph 45 and paragraph 46
copyright law should apply to the right to compensation
under the first and second subparagraphs.
The right to compensation referred to in the first and second subparagraph
only to the extent and for such time as the other country
gives a right to remuneration for use of sound recordings
related to Sweden. Regulation (2008:851).
Compensation for the manufacture and import of devices for
audio or video recordings
section 27 the provisions of 26 k-26 m § § copyright shall,
under the conditions provided for in the second subparagraph, shall apply
on
1. works of the nationals or have their usual
place of residence in a country other than Sweden, and
2. cinematographic works whose producer has its headquarters or its usual
place of residence in a country other than Sweden.
The provisions of the first subparagraph applies only if the second
the country has implemented a reimbursement scheme for appliances at
which sounds or moving images can be taken up, which gives
the corresponding ability to substitute for Swedish
right-holders. They shall not apply if the term of protection of
the work has expired in the country.
Regulation (2006:10).
the provisions of section 28 of the 45 and 46 of the copyright law shall
it applies to the references to 26 k-26 m of the same law, in the
conditions provided for in the second subparagraph, shall apply to
1. performances of the who is a national of a country other than the
Sweden, and
2. recordings of sounds or moving images whose producers
are citizens or have their habitual residence in another
country than Sweden or is a legal person of another
country.
The provisions of the first subparagraph applies only if the second
the country has implemented a reimbursement scheme for appliances at
which sounds or moving images can be taken up, which gives
the corresponding ability to substitute for Swedish
right-holders. They shall not apply if the term of protection of
the performance or recording has expired in
rightholder's homeland. Regulation (2006:10).
Supplementary provisions for the benefit of the author
of an original work of art
section 29 the provisions of 26 n-26 p § § copyright shall,
except as otherwise provided for in this regulation,
apply to works of nationals of a country other than the
Sweden, if the other country has implemented such
compensation scheme referred to in article 14 ter of
Berne Convention for the protection of literary and artistic works
and gives Swedish right-holders the right to reimbursement under
this.
The provisions shall not apply if the term of protection of work
has expired in the country.
Regulation (2007:520).
Producers of directories, etc.
section 30 of the copyright law, the provisions of § 49 and to
the section connecting provisions of the act otherwise,
In addition to what follows from § 1, second subparagraph, shall apply to
works whose producers have their habitual residence in a
EEA country. The provisions shall also apply to works whose
petitioners are legal person of one EEA country and have his
registered office, Central Administration or principal place of business in a
EEA country. If the legal person has its registered office in an EEA
country but not its headquarters or principal
activities there, the provisions shall apply only if the
the work is part of an economic activity which has been established in
an EEA country.
This shall also apply to works whose producers have
the corresponding connection to the Isle of Man.
Regulation (2008:851).
Application of the international protection in time
the provisions of section 31, 2-9, 16, 17 and 21-23 sections also apply to works
who have come to before the country became a member of the
The Berne Union, bound by the World Convention, connected to
The World Trade Organization or connected to WIPO Treaty
on copyright.
Copies of works which have been made prior to the date referred to in
the first subparagraph may be freely distributed and displayed. The provisions on
rental and lending of copyright law, however, section 19 applies
also on such specimens.
Press kits, blocks, molds and other means for
the reproduction of a particular work has been made before that date
may be used for the purpose intended under two years and six months from
on that day. In the case of specimens that have been produced with the support of
This provision shall apply the provisions of the second subparagraph.
Regulation (2008:851).
the provisions of § § 31 32 also apply to rights as
protected due to 5, 9, 11-15, 17-20 and 24-26 sections.
Regulation (2008:851).
Transitional provisions
1994:193
This Regulation shall enter into force on 1 July 1994, when the regulation
(1973:529) on the application of the Act (1960:729) on copyright in
literary and artistic works and the law (1960:730) on the right to
photographic image in relation to other countries and areas, etc.
shall cease to be valid.
