Denmark
Denmark

Eurovision DSM contest

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Denmark
5

pts.

5

points

Denmark

Almost 2 years after implementing Articles 15 and 17 of the DSM Directive, Denmark adopted changes to its Copyright Act, transposing the remaining provisions of the Directive. The law adopted on June 1, 2023, entered into force on June 6, 2023.

Procedure:

3 points

Denmark has split the implementation of the directive into two parts. On June 3, 2021 Denmark implemented those parts of the Directive that strengthen the position of rights holders and/or creators (Articles 15 and 17). The implementation of Titles II and III of the Directive, which protect users rights to access knowledge and culture, were only adopted 2 years later, on June 1, 2023.


The Danish government organized stakeholder meetings on the implementation of Article 17, on the provisions regulating the use of out-of-commerce works and on the provisions dealing with fair remuneration of authors and performers. No stakeholder meetings were organized on the remainder of the Directive (including the provisions dealing with exceptions and limitations and Article 15). 


The government organized public consultations after releasing both proposals, to receive views on those drafts. The bills were submitted to the Parliament and were subject to a meaningful parliamentary process.

Article 17:

1 point

The Danish implementation of Article 17 simply restates the text of the Directive. As such, it does not contain any ex-ante safeguards for users rights or additional transparency provisions. It also does not narrow down the definition of platforms affected by these rules.

Other:

1 point

The Danish implementation of the new education exception does not appear to fully comply with Article 5, as it only covers uses for purposes of “visualization” in educational activities. Furthermore, all uses under the new education exception are subject to license availability, which renders the exception practically useless, since extended collective licenses have a strong prevalence in Denmark and there will probably only be a few cases where no educational license is easily available in the market. 


Article 14 is implemented in the provision that protects photographic images with a neighbouring right. A new sentence was introduced stating that the right does not apply if the main subject of the image is a work of art for which copyright no longer applies. 

Significantly, the new provision broadens the scope to "work of art" as compared to "work of visual art" in the DSM directive.


The implementation of Article 15 includes some, but not all of the limits foreseen in the DSM Directive: it is clarified that the right does not apply to private uses and non-commercial uses by individual users, to acts of hyperlinking nor to the use of individual words and very short excerpts of press publications; and the right is subject to all the relevant exceptions and limitations to copyright laid out in the national law. However, it is not clarified that scientific and academic publications are excluded from the definition of press publications, and that the right cannot be invoked against uses authorized by a non-exclusive license nor against the use of public domain works.

Bonus:

0 points

Nothing to see here

At the end of 2020, the Danish Ministry of Culture announced that it was going to implement "the important provisions for rights holders on tech giants' stricter responsibility for the use of e.g. music and films" on time. In line with this promise it introduced an implementation law proposal for Articles 15 and 17 into parliament in March 2021. The parliament adopted the implementation law on the 3rd of June 2021. The implementation of the provisions that protect users rights to access knowledge and culture, however, were only adopted 2 years later, on June 1, 2023.


The implementation of Article 17 does not contain any special user rights safeguards. The new education exception (a novelty in a system where extended collective licenses have a strong prevalence) is subject to license availability and it does not appear to fully comply with the Directive as it has a more limited purpose than Article 5. The new press publishers right is not subject to all the limits established in the Directive.

Article 14 is implemented by means of an exclusion to the scope of protection of the neighboring right that protects photographic images. 

Following the implementation, the Government stated that it will conduct a wider revision and update of Danish copyright law, to adapt it to new technological developments.



Local partners: Our local partner has been OpenDenmark


For more information please see our implementation tracking page for Denmark.

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