Upphovsrättens balans
en idéanalys av bibliotekssfärens remissvar på Ds 2003
The aim of the study is to examine ideas surrounding copyright law and related rights appearing in the referral statements that the participants of the library sphere gave to the department writ Ds 2003:35. These ideas reflect the positions the library sphere take regarding issues surrounding the copyright law and related rights. The department writ was preceded by a directive from the European Union; Directive 2001/29/EC of the European parliament and of the council of 22 may 2001 on the harmonization of certain aspects of copyright and related rights in the information society. The writ Ds 2003:35 was later followed by a proposition from the government which was co-herent with the preceding writ. The empirical material has been analyzed with a starting point in the polarizations, artist/audience, private/public and original/copy, presented in PhD Martin Fredriksson?s book Skapandets rätt. His study shows that these polarizations have been evident in the discourse surrounding copyright in a historical retrospect and are still key ideas in the present discourse. The ideas presented by the library sphere are mainly dominated by the idea of the public good. The participants in the library sphere are critical to the imbalance of the proposed legislations, and assert that the private interests are given a dominating signification. Ideas surrounding original and copy as well as author and audience is mainly discussed from a practical point of view. The library sphere positions itself as an objective interested party who try to attain a balance in copyright law and related rights.