In the mid-19th century Swedish copyright law was regulated in the Freedom of the Press Ordinance of 1812, which merely stated that ‘Any writing is the property of the author or its legal proprietor’. This implied that copyright was to be seen as any other property right and that the ownership of texts was unlimited in time. This changed in 1841 when Sweden passed an addition to the copyright paragraph stating that copyright protection expired if the copyright holder or its heirs did not publish or reissue the works within 20 years. Since the copyright holders were still allowed to republish the work as many times as they wished, the law in practice still allowed for an infinite extension of the copyright protection. This revision was nevertheless principally important since it was the first time that Swedish law acknowledged that literary property needed to be addressed differently from material property. The discussion preceding the revision also introduced the interests of the public in Swedish copyright law for the first time, as it referred to the need to make literature publicly available as an argument for imposing potential limitations on the terms of protection.
Please cite as: Fredriksson, Martin (2023) ‘Commentary on the Swedish Ordinance on the Limitation of Terms of Protection (1841)’, in Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org