SwedenUpphovsrättslagen 48 b-48 d §§, Press Publisher Neighbouring Right
Upphovsrättslag (1960:729) 48 b-48 d §§, as added by Lag (2022:1712)
In force since .
A press publishers' right rule binding private bodies.
- Instrument type
- an act of a legislature
What it requires
- Obtain the authorisation of the maker of a press publication before copying it, or making it available to the public so that individuals can access it from a place and at a time they choose, through an information-society service or for online use (48 b-48 d §§).
- You need no authorisation for a user's use that is not for gain, hyperlinking, or the use of single words or very short extracts of a press publication.
- The right runs until the end of the second year after the year the press publication was published.
These lines are LexLint's reading of the law's text. Also read by: Case C-797/23 Meta Platforms Ireland Ltd v Autorità per le Garanzie nelle Comunicazioni, judgment of (Grand Chamber) (recorded ).
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62023CJ0797
- Case citation
- Case C-797/23 Meta Platforms Ireland Ltd v Autorità per le Garanzie nelle Comunicazioni, judgment of (Grand Chamber)
- Open questions
- Does the reference in the fourth paragraph of 48 b § to 22 § upphovsrättslagen, which lets anyone quote 'i överensstämmelse med god sed', let an information-society service quote a press publication without the publisher's authorization?
- Does a headline with a snippet of a given length fall within 'mycket korta utdrag ur en presspublikation' in 48 b § andra stycket 3, when the Act sets no length?
- Does the training of an LLM-based chatbot on press publications, or the display of their content in its responses, count as 'framställa exemplar av presspublikationen' or making it available through an information society service in 48 b § första stycket, the questions referred to the Court of Justice in Case C-250/25?
What this law does
The maker of a press publication has, subject to the limitations stated in Upphovsrättslagen, an exclusive right to control that publication through an information-society service and for online use, by making copies of it and by making it available to the public in a way that lets individuals access it from a place and at a time they individually choose.
That right does not reach a user's use that is not for gain, hyperlinking, or the use of single words or very short extracts of a press publication. It runs until the end of the second year after the year the press publication was published.
Authors whose works form part of a press publication are entitled to an appropriate share of the revenue the publication's maker receives from information-society service providers for exploitation under this right, collected and distributed by an organization representing a substantial number of authors of works used in Sweden in the relevant field.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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