Rätten att citera – Om citatreglernas innebörd och räckvidd

Sammanfattning: Both copyright law and design law provide rules that limit the exclusive rights of the rightsholders in order to allow users to quote protected works and other protected subject matter. Such rules are prescribed in section 22 of the Swedish Copyright Act (SFS 1960:729), section 7 paragraph 3 of the Swedish Design Protection Act (SFS 1970:485) and article 20.1 c of the EU Design Regulation. The aim of this thesis is to examine the scope and the content of the quotation exceptions provided for in copyright law and design law, respectively. By applying the legal dogmatic method, the study focuses on identifying and defining the factors that determine whether a quote is lawful or not. The thesis also examines the motives behind the quotation exception provisions. The quotation exception provisions are subject to harmonisation on EU level through article 5.3 d of the EU Infosoc Directive, article 13.1 c of the EU Design Protection Directive and article 20.1 c of the EU Design Regulation. By applying the EU legal method, the thesis also examines whether the EU law in question is correctly implemented into Swedish national law. Regarding the field of copyright law, the thesis argues that there is a possibility that Swedish national law does not meet the requirements demanded by EU law. In this respect, the Swedish view regarding quotation of artworks can be questioned from an EU law perspective. Regarding the field of design law, the conclusion is drawn that Swedish national law fulfils the requirements provided for by EU law. The thesis also examines the differences and similarities between the quotation exception in copyright law and the quotation exception in design law. The conclusion is drawn that several differences can be identified between the provisions in question. A critical analysis of the consequences of this discrepancy is also presented in the thesis. The analysis mainly focuses on the consequences in relation to subject matter which is subject to both copyright protection and design protection. The thesis concludes that the discrepancy influences the possibility to make quotations from subject matter which is subject to dual protection in this sense. The differences between the quotation exceptions provided for in copyright law and design law respectively, also result in different fundamental rights being put against each other. This, in turn, affects the rightsholders’ right to intellectual property and the right to free speech for users of protected subject matter.