États-Unis d'Amérique

Suède

Droit d'auteur et droits connexes

[Follow-up question] Please provide authority or further guidance as to the meaning of Article 51 of the Swedish Copyright Act, including what works qualify as "classical", and what types of acts would be considered to cause prejudice to the moral or aesthetic value of the work.

As already indicated in the reply, the aim of the provision is to protect primarily works forming part of the national cultural heritage against acts of exploitation which would cause grave prejudice to the aesthetic or cultural value of such works. Those acts are such which violate what is in an untranslatable Swedish expression referred to as "den andliga odlingens intressen" (roughly corresponding to "vital cultural interests of a general nature"). The sanction is that the Court may, upon action brought by any of the Swedish Academies (the Swedish Academy, etc.) prohibit the exploitation on penalty of a fine. More information cannot be given in view of the fact that the provision which has existed already before the present law of 1960 has never been used.