A structured analysis of the implementation of Articles 18–23 of the Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market into Swedish law

This contribution introduces a structured analysis of the implementation of Articles 18–23 of the Directive on Copyright in the Digital Single Market in Sweden. With the starting point in the legislative proposal brought forth by the Swedish Government, which details how to transpose the Directive into the national copyright legislation, we discuss the implementation of the principle of fair remuneration of authors and performers in exploitation contracts. We then present how this legislative proposal gives rise to several controversies and possible discrepancies between the text and the Directive, which might arise on the coattails of the implementation of the Directive in Sweden. Lastly, we introduce our concern that the Directive could be interpreted in a way that allows for national considerations and legislative choices that may lead to even more differences in copyright protection within the Member States