États-Unis d'Amérique
Droit d'auteur et droits connexes
1. Please explain whether and how Sweden's law provides protection for works, phonograms and performances from other WTO Members, and whether and how it does so on the basis of national treatment, as required by TRIPS Article 3 (generally, with respect to all copyrights and neighbouring rights) and Article 9.1 (incorporating Berne Article 5(1)). In this regard, we refer in part to Article 62 of Sweden’s Copyright Law, which appears to condition protection of works of foreign nationals and works first published in a foreign country on the foreign country’s providing reciprocal rights to Swedish nationals and to works first published in Sweden. Additionally, how is national treatment afforded with respect to the distribution of levies for private copying under Sweden's Copyright Law.
The application of the Swedish Copyright Act to works, phonograms and performances originating in other WTO countries flows from Articles 18 and 19 of the International Copyright Regulation (general application of the principle of national treatment in respect of authors' rights) and Articles 20 to 22 (application, in respect of performers, producers of phonograms and broadcasting organizations, of the principle of national treatment as regards those rights which are covered by the TRIPS Agreement). Those Articles seem to be self explanatory. There are presently no provisions in the Copyright Act on levies for private copying.