Protecting the classics in Swedish copyright law
Intellectual Property as a Cultural Policy Tool
Bibliographic Data
| ID | 6429305 |
|---|---|
| Authors | M Fredriksson (0000-0003-3309-3840, Linköping University, corresponding author) |
| Year | 2024 |
| Volume | 31 |
| Issue | 3 |
| Pages | 386-399 |
| Publication date | 2024-06-06 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Journal of Cultural Policy (JOURNAL) |
| Journal identifiers | ISSN: 1028-6632 • E-ISSN: 1477-2833 |
| Publisher | Routledge (PUBLISHER • GB) |
| DOI | 10.1080/10286632.2024.2362255 |
| OpenAlex | W4399387821 |
| Language | EN |
| Citations received | 1 |
| References cited | 10 |
This article discusses §51 of the Swedish copyright law, known as “the protection of classics”, as a cultural policy intervention. §51 protects culturally significant works by deceased authors against reproductions that are considered offensive, even if the works are in the public domain and thus not protected by copyright. The article provides a brief overview of the origin of §51 and analyses potential cases of violation between 1960 and 2020, where the Swedish authorities threatened to sue for infringement against §51 but refrained for various reasons. It also considers a recent case, the Swedish Academy (Svenska Akademien) v. Nordfront, where §51 was, for the first time, tried in court. The cases involving §51 are diverse and the motivations for suing (or not) are different. However, taken together, these examples reflect changing cultural norms and values in Sweden during the twentieth century. This article will show how the value system that has shaped the protection of classics, and its subsequent use is aligned with a Swedish cultural policy discourse where priorities have shifted from protecting fine art against popular culture, to countering the negative consequences of commercialism, and to promoting multiculturalism and inclusion
Copyright law · Cultural heritage · Cultural property · Epistemology · Intellectual property · Law and economics · Political science · Property (philosophy · Sociology · Copyright and Intellectual Property · Digital and Traditional Archives Management · Law · Law in Society and Culture · Philosophy
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| Citations per year | 1 |
|---|---|
| Citation span | 2026 - 2026 (1) |
| Highly cited | No |