We allow you to transfer rights to third parties if you wish to transfer copyright after being paid for the work you have created. The following table shows the dates on which Sweden concluded international copyright treaties: First of all, it is important to have a comprehensive strategy to protect your intellectual property. Second, intellectual property may be protected differently in the EU and the US. Thirdly, rights in the EU must be registered and enforced under Swedish law. For example, you do not protect your trademark and patent applications in the US in the EU. There is no «international copyright» that automatically protects an author`s writings worldwide. However, most countries provide copyright protection for foreign works in accordance with international treaties. Under Swedish law, copyright is in principle based on creation. There are no requirements for registration, filing or other formalities. Any Swedish work whose author is a Swedish national or for which the work was first published in Sweden enjoys the same copyright protection in all other member states of the Berne Convention.
The copyright holder can be any natural or legal person. However, moral rights do not belong to legal persons. Since paragraph 1 expressly refers to computer programs, including software, there are no additional provisions to ensure the protection of software. However, computer programs are subject to special provisions, for example to reduce copyright restrictions). For example, the right of reproduction for private use does not apply to computer programs. Have there been significant technological advances or developments that help copyright owners protect and enforce their rights? The Copyright Index operates in Sweden under international copyright treaties and is recognized in countries around the world as a copyright authority that offers official copyright registrations. The copyright limitations listed in Chapter 2 concern, for example, temporary copying as part of a full technical process, private copying, quotations, reproductions for persons with disabilities and for educational purposes, for libraries and archives, use in news reports, use of documents from public offices and adaptations of computer programs. Certain restrictions entitle the copyright holder to reasonable compensation.
Is your jurisdiction a party to international copyright treaties? Sweden has signed and ratified a number of international treaties in the field of copyright and related rights, in particular the Berne Convention of 1886, the Universal Copyright Convention of 1952, the Universal Copyright Treaty of 1996 and the Marrakesh Treaty of 2013, in order to facilitate access for blind persons, visually impaired persons and persons with other print disabilities to published works. Storage of infringing products Criminal proceedings were initiated against a trader who sold infringing clothing and accessories with rock music motifs. He also had two storage rooms from which he regularly supplied his shop with these goods. What is the procedure for registering and depositing copyright (whether mandatory or voluntary)? A work that has been made public without attribution from the author is protected by copyright until 70 years have passed since the year in which the work was published. With the exception of the Swedish Patent and Registration Office, which is responsible for supervising organisations subject to the Copyright Collective Management Act 2016, no state authority is specifically responsible for regulating and enforcing copyright. Various phenomena may be subject to copyright, i.e. classified as a «work» under the Copyright Act. The term «work» does not include only fictional or descriptive representations in writing or language. It also includes, for example, computer programs, music, poetry and plays. Other examples of possible works include films, photographs, and products from the visual, architectural, and applied arts.
A work can also be expressed in other ways. Swedish copyright law is governed by the 1960 Act («Swedish Copyright in Literary and Artistic Works Act»). As in most other countries, it grants the author or the respective copyright holders exclusive rights to the work for 70 years after the author`s death. [1] What are the ancillary or related rights arising from copyright (if any)? Are there any rules or restrictions for their exercise? The Supreme Court held that the storage of copyrighted goods for sale is not expressly prohibited by Swedish law. Following a preliminary ruling from the Court (Case C-572/17, Imran Syed, EU:C:2018:1033), the Supreme Court held the trader liable for a criminal infringement of the copyright of the goods in both warehouses. Applying the preliminary ruling, the Court found that the goods stored were identical to those offered for sale and were intended for sale. An injunction may be granted if the plaintiff proves the likelihood of copyright infringement or contribution to infringement and the defendant can reasonably be expected to reduce the value of the exclusive copyright right by continuing or contributing to the act. Unless delay would result in a risk of loss, the defendant shall have the opportunity to make submissions before the injunction is issued. The granting of an interim injunction normally requires the right holder to provide security to the court. The court will consider whether the security is sufficient to compensate the defendant in the event of final failure of the action. What are the rights of copyright owners (including rights to use and restrict use of the copyrighted work)? A defendant may also argue that the use falls within one of the exceptions in Chapter 2 of the Copyright Act. The law does not contain a general rule of fair use.
Instead, Chapter 2 contains an exhaustive list of limitations and exceptions to economic rights granted by law. Where one of the exceptions referred to in Chapter 2 applies, the use shall be permitted. In this context, the defendant may argue that its use is lawful on the basis of implied or explicit consent, for example under a licence. Legislative developments Impact on data protection under the GDPR Copyright law contains legal provisions on injunctions for the disclosure of information about infringing activities. These rules are subject to minor changes due to the provisions of the General Data Protection Regulation (GDPR) regarding the use of information obtained through these orders. The amendments were incorporated into the Copyright Act and entered into force on 25 May 2018 (Swedish Books of Statute (SFS) 2018:272). Can copyrighted works be protected by other proprietary rights (e.g. trademarks and designs) are protected? In principle, any original material expression of a literary or artistic work may be protected by copyright. According to a non-exhaustive list of Article 1 of the Copyright Act, such a work may be: The above copyright is subject to several restrictions in certain situations. Most of the restrictions are due to the fact that the work in question was published or published at an earlier stage. By definition, a work is published when it has been lawfully made available to the public and published when copies of it have been offered for sale or otherwise publicly disseminated with the consent of the author.
Although the protection of a copyrighted work is done without a formal procedure, i.e. without registration, it can be difficult to avail oneself of this protection.