IP rights in art in Sweden

Intellectual property rights

Does copyright vest automatically in the creator, or must the creator register copyright to benefit from protection?

Copyright vests automatically in the creator in accordance with the Act on Copyright in Literary and Artistic Works.

What is the duration of copyright protection?

Seventy years after the death of the creator.

Can an artwork protected by copyright be exhibited in public without the copyright owner’s consent?

Yes, as long as the creator’s non-economic rights are respected (eg, the right to acknowledgement).

Can artworks protected by copyright be reproduced in printed and digital museum catalogues or in advertisements for exhibitions without the copyright owner’s consent?

Yes, but only if the purpose is to advertise the exhibition and only to the extent needed for the promotion. It is only permitted to depict an artwork without the consent of the creator if it is part of a collection in a catalogue in hard copy - it cannot be in digital format.

Are public artworks protected by copyright?

Yes, public artworks are protected by copyright. In a decision from 2016, the Supreme Court held that it is not permitted to publish pictures of public sculptures on websites.

Does the artist’s resale right apply?

Yes, if a sold artwork is resold within the 70-year limit of the copyright, the creator or his or her successor is entitled to remuneration. The requirements are that the object sold must be an original work and at least one party involved must be a professional trader (ie, the buyer, seller or intermediate, or all three).

The amount to be paid is a percentage scale based on the sale price, excluding VAT, which ranges from 5 per cent if the sale price is less than €50,000, up to 0.25 per cent if the sale price is more than €500,000. The amount paid cannot exceed €12,500. If the sale price is below 2,275 Swedish kronor the sale is exempted from the resale right.

Further exemptions are a work of art that is a building or if a private person sells the object to a non-profit museum open to the public and without a professional trader as intermediate.

The professional party makes the payment. If more than one professional party has participated, the seller is responsible for the payment. Collective management is compulsory. As of 1 July 2018, professional traders active on the art market as seller, buyer or intermediate will be obligated to report remunerating sales to the collecting organisation.

What are the moral rights for visual artists? Can they be waived or assigned?

Moral rights of the artist encompass the right to acknowledgement as creator (ie, to have the artist’s name presented when his or her work of art is exhibited) and the right of respect for the work (ie, the work of art may not be used or altered in a way that offends the artist).

The possibility to waive moral rights is very limited and this kind of agreement could lack legal effect in respect of the creator. There is no limit for moral rights.