Dok. nr . 1013926  
 
 Consolidated Act on Copyright 2014  1  
(Cons olidated Act No. 1144 of October  23rd, 2014 ) 
 
 
 The Act on Copyright is hereby promulgated.  
 
 
Chapter 1  
 
Subject Matter and Scope of Copyright  
 
 
Protected Works  
 
 1.(1) The person creating a literary or artistic  work shall have copyright 
therein, be it expressed in writing or in speech as a fictional or a descriptive repr e-
sentation, or whether it be a musical or dramatic work, cinematographic or phot o-
graphic work, or a work of fine art, architecture, applied art,  or expressed in some 
other manner.  
 (2) Maps and drawings and other works of a descriptive nature executed in 
graphic or plastic form shall be considered as li terary works.  
 (3) Works in the form of computer programs shall be considered as literary 
works.  
 
Scope of Protection  
 
 2.(1) Within the limitations specified in this Act copyright implies the excl u-
sive right to control the work by reproducing it and by making it available to the 
public, whether in the original or in an amended form, in translation,  adapt ation into 
another literary or artistic form or into a nother technique.  
 (2) Any direct or indirect, temporary or permanent reproduction, in whole or in 
part, by any means and in any form, shall be considered as reproduction. The recor d-
                                                      
1 This Act contains provisions implementing Council D irective 91/250/EEC of 14 May 1991, Official Journal of the European 
Union 1991, L 122, page 42, Council Directive 92/100/EEC of 19 November 1992, Official Journal of the European Union 
1992, L 346, page 6 1, Council Directive 93/83/EEC of 27 September 1993, Official Journal of the European Union 1993, L 
248, page 15, Council Directive 93/98/EEC of 29 October 1993, Official Journal of the European Union 1993, L 290, page 9, 
Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996, Official Journal of the European Union 
1996, L 77, page 20, Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001, Official Journal of 
the European Union 2001, L 167, page 10, Dire ctive 2001/84/EC of the European Parliament and of the Council of 27 Se p-
tember 2001, Official Journal of the European Union 2001, L 272, page 32, Directive 2004/48/EC of the European Parliament 
and of the Council of 29 April 2004, Official Journal of the E uropean Union 2004, L 157, page 45, parts of Directive 
2006/123/EC of the European Parliament and of the Council of 12 December 2006, Official Journal of the European Union 
2006, L 376, page 36, parts of Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 
amending Council Directive 89/552/EEC of 3 October 1989, Official Journal of the European Union 2007, L 332, page 27, and 
parts of Directive 2011/77/EC of the European Parliament and of the Council of 27 September 2011 am ending Directive 
2006/116/EC of the European Parliament and of the Council, Official Journal of the European Union 2011, L 265, page 1, and 
Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012, Official Journal of the Europ ean 
Union 2012, L 299, page 5.  
 
  
Side 2 
ing of the wo rk on devices which can reproduce it, shall also be considered as a r e-
produ ction. 
 (3) The work is made available to the public if  
(i) copies of the work are offered for sale, rental or lending or distribution to the 
public in some other ma nner; 
(ii) copies are exhibited in public; or  
(iii) the work is performed in public.  
 (4) Public performance within the meaning of subsection (3)(iii) shall i nclude  
i) communication to the public of works, by wire or wireless means, including 
broadcasting by radio or t elevision and the making available to the public of 
works in such a way that members of the public may access them from a place 
and at a time individually chosen by them; and  
ii) performance at a place of business before a large group, which would othe r-
wise have been considered not public.  
 
 3.(1) The author of a work shall have the right to be identified by name as the 
author in accordance with the requirements of proper usage, on copies of the work as 
well as if the work is made available to the pu blic.  
 (2) The work must not be altered nor made available to the public in a ma nner 
or in a context which is prejudicial to the author's literary or artistic reputation or i n-
dividua lity. 
 (3) The right of the author under this section cannot be waived except i n re-
spect of a use of the work which is limited in nature and extent.  
 
Adaptations  
 
 4.(1) The person translating, revising or otherwise adapting a work, inclu ding 
converting it into some other literary or artistic form, shall have copyright in the 
work in the new form, but his right to control it shall be subject to the copyright in 
the orig inal work.  
 (2) Copyright in a new and independent work created through the free use of 
another work, shall not be subject to the c opyright in the original work.  
 
Composite Works  
 
 5. A person who, by combining works or parts of works, creates a composite 
literary or artistic work, shall have copyright therein, but the right shall be without 
prejudice to the rights in the individual works.  
 
Joint Authorship  
 
 6. If a work has two or more authors, without the individual contributions b e-
ing separable as independent works, the copyright in the work shall be held jointly. 
Each of the authors, however, may bring an action for infring ement.  
 
  
Side 3 
Copyright Holder Presumption, etc . 
 
 7.(1) If not otherwise stated the person whose name or generally known 
pseudonym or signature is indicated in the usual manner on copies of the work, or 
where the work is made available to the public, shall be deemed to be the au thor. 
 (2) If a work i s published without the author being indicated in accordance 
with subsection (1), the editor, if named, and otherwise the publisher, shall act on 
behalf of the author until the latter is named in a new edition of the work.  
 
Publication and Publishing  
 
 8.(1) A work shall be considered to have been made public if it has lawfu lly 
been made available to the pu blic. 
 (2) A work shall be considered published if, with the consent of the author, 
copies of the work have been put on the market or otherwise distribu ted to the pu b-
lic. 
 
Public Documents  
 
 9.(1) Acts, administrative orders, legal decisions and similar official doc u-
ments are not subject to copyright.  
 (2) The provision of subsection (1) shall not apply to works appearing as ind e-
pendent contributions in the documents mentioned in subsection (1). Such works 
may, however, be reproduced in connection with the document. The right to fu rther 
use shall be subject to the provisions ot herwise in force.  
 
Relation to Protection under other Legislation  
 
 10.(1) Pr otection under the Act on Designs does not preclude cop yright.  
 (2) Layout designs (topography) of semiconductor products are not protected 
under this Act, but are protected under the provisions in the Act on Protection of the 
Design (Topography) of Semico nductor Products.  
 
 
Chapter 2  
Limitations on Copyright and Management of Rights in the event of Extended Co l-
lective L icense  
 
General Provisions  
 11.(1) The provisions of this chapter and chapter 6  b do not limit the author's 
rights u nder section 3, except as provide d in section 29.  
 (2) Where a work is used in accordance with the provisions of this chapter  and 
chapter 6 b , the work may not be altered more extensively than is required for the 
permitted use. If the work is used publicly, the source shall be indicated in accor d-
ance wit h the r equirements of proper usage.   
Side 4 
 (3) Where a work is used in accordance with the provisions of this chapter  and 
chapter 6 b , copies may not be made on the basis of a reproduction of the work 
which is co ntrary to section 2 or on the basis of circumvention of a technica l device 
which is co ntrary to section 75 c(1). The provision in the first sentence does not a p-
ply to the pr oduction of copies pursuant to se ction 16 (5).  
 
Temporary reproduction  
 
 11 a.(1) It is permitted to make temporary copies  
i) which are transient o r incidental;  
ii) which are an integral and essential part of a technical pro cess; 
iii) the sole purpose of which is to enable a transmission of a work in a network 
between third parties by an intermediary, or a lawful use of a work; and  
iv) which have no independent economic significance.  
 (2) The provision of subsection (1) shall not apply to computer pr ograms and 
databases.  
 
Reproduction for Private Use  
 
 12.(1) Anyone is entitled to make or have made, for private purposes, single 
copies of works which have been made public if this is not done for commercial 
purposes. Such copies must not be used for any other purpose.  
 (2) The provision of subsection (1) does not provide the right to  
(i) construct a work of architecture;  
(ii) make a copy of a work of a rt by casting, by printing from an original neg ative 
or base, or in any other manner implying that the copy can be considered as an 
original; 
(iii) make copies of computer programs in digitized form;  
(iv) make copies in digital form of databases if the co py is made on the basis of a 
reproduction of the database in digital form; or  
(v) make single copies in digital form of other works than computer programs and 
databases unless this is done exclusively for the personal use of the copying 
person himself or his household.  
 (3) Notwithstanding the provision in subsection (2) (v), it is not permitted 
without the consent of the author to produce copies in digital form on the basis of a 
copy that has been lent or hired.  
 (4) The provision of subsection (1) does not confer a right to engage another 
person to make copies of  
(i) musical works;  
(ii) cinematographic works;  
(iii) literary works if the other person assists for commercial purposes;   
(iv)  works of applied art; or  
(v) works of art if the copying is in the form of an artistic reproduction.  
 (5) The provision of subsection (1) does not entitle the user to make copies of 
musical works and cinematographic works by using technical equipment made  
Side 5 
available to the public in libraries, on business premises, or in other places acce s-
sible to the public. The same applies for literary works if the technical equipment 
has been provided for co mmercial purposes.  
 
Reproduction within Educational Activities  
 
 13.(1) For the purpose of educational activities copies may b e made of 
published works and copies may be made by recording of works broadcast in radio 
and television provided the requirements regarding extended collective license 
according to section 50 have been met. The copies thus made may be used only in 
educati onal activities comprised by the agreement presumed in section 50.  
 (2) The provision of subsection (1) concerning recording shall not apply to 
cinematographic works which are part of the general cinema repertoire of feature 
films except where only brief e xcerpts of the work are shown in the telecast.  
 (3) The provision of subsection (1) concerning reproduction of published 
works shall not apply to computer programs in digital form.  
 (4) Teachers and students may as part of educational activities make 
recor dings of their own performances of works if this is not done for commercial 
purposes. Such recordings may not be used for any other purposes.  
 (5) If disputes arise on whether, an organisation approved according to section 
50(4) to make license agreements according to subsection (1), proposes 
unreasonable terms to such a license agreement, each party to the license agreement 
is entitled to bring the dispute before the Copyright License Tribunal cf. § 47. The 
Tribunal may lay down all the terms of the said l icense agreement, including terms 
relating to remuneration.  
 
Reproduction by Business Enterprises, etc.  
 
 14.-(1) Public or private institutions, organisations and business enterprises 
may for internal use for the purpose of their activities by photocopyin g, etc., make or 
have copies made of descriptive articles in newspapers, magazines and collections, 
of brief excerpts of other published works of descriptive nature, of musical works 
and of illustrations reproduced in association with the text, provided th e 
requirements regarding extended collective license according to section 50 have 
been met. Such copies may be used only for activities which are covered by the 
agreement presumed in section 50.  
 (2) If disputes arise on whether, an organisation approved according to section 
50(4) to make license agreements according to subsection (1), proposes 
unreasonable terms to such a license agreement, each party to the license agreement 
is entitled to bring the dispute before the Copyright License Tribunal cf. § 47.  The 
Tribunal may lay down all the terms of the said license agreement, including terms 
relating to remuneration.  
 
 
  
Side 6 
Reproduction by Hospitals, etc.  
 
 15. Hospitals, nursing homes, prisons and other 24 -hour institutions within the 
social and welfare sector,  the prison service, and similar institutions may for the 
brief use of the inmates and others of the institution make recordings of works 
broadcast on radio and television if this is not done for commercial purposes. Such 
recordings may be used only within  the institution in question.  
 
Archives, Libraries and Museums  
 
 16.-(1) Public archives, public libraries and other libraries that are financed in 
whole or in part by the public authorities, as well as State -run museums and 
museums that have been approved  in accordance with the Museums Act, may use 
and distribute copies of works in their activities in accordance with the provisions of 
subsections (2) -(6) if this is not done for commercial purposes. However, this does 
not apply for computer programs in digi tal form, with the exception of computer 
games.  
 (2) The institutions may make copies for the purpose of back -up and 
preservation.  
 (3) If a copy in an institution’s collection is incomplete, the institution may 
make copies of the missing parts, unless the  work can be acquired through general 
trade or from the publisher.  
 (4) Libraries may make copies of published works that should be available in 
the library’s collections, but which cannot be acquired through general trade or from 
the publisher.  
 (5) The c opyright does not prevent the making of copies in accordance with 
the provisions of the Act on Legal Deposit of Published Material.  
 (6) Copies that have been made in accordance with subsections (3) -(5) or 
delivered pursuant to the Act on Legal Deposit of Published Material may be loaned 
to users. The same applies in special case to copies made in accordance with 
subsection (2). The provisions in the first and second sentences do not apply to 
recordings of moving pictures and copies made in digital form or in the form of 
sound recordings.  
 (7) The right to exploitation of copies made pursuant to subsections (2) -(5) 
shall be subject to the provisions otherwise in force.  
   
16 a. -(1) Published works may be made available to individuals at the instit u-
tions spec ified in section 16 (1) for personal viewing or study on the spot by means 
of technical equi pment.  
 (2) Notwithstanding the provisions of subsection (1), copies that are made or 
deposited pursuant to the Act on Legal Deposit may only be made available at t he 
Royal Library, the State and University Library and the Danish Film Institute for 
separate ind ividual persons.  
 (3) The institutions named in subsection (2) may communicate and hand over 
legal deposited copies of works that have been broadcast on radio and television, 
films and works published on electronic communication networks, for research pu r- 
Side 7 
poses, if the work cannot be acquired through general trade. Such copies may not be 
used in any other way.  
 
16 b. -(1) Public libraries and other libraries finan ced in whole or in part by the 
public authorities may upon request in digital form reproduce articles from newsp a-
pers, magazines and composite works, brief excerpts of books and other published 
literary works, as well as illustrations and music reproduced in connection with the 
text, provided the requirements regarding the extended collective l icense according 
to section 50 have been met. The provision of the first sentence shall not comprise  
broadcast by radio or television or the making available to the p ublic of works in 
such a way that members of the public may access them from a place and at a time 
individ ually chosen by them, cf. the second division of section 2 (4)(i).  
 (2) If disputes arise on whether, an organisation approved according to section 
50(4) to make license agreements according to subsection (1), proposes 
unreasonable terms to such a license agreement, each party to the license agreement 
is entitled to bring the dispute before the Copyright License Tribunal cf. § 47. The 
Tribunal may lay d own all the terms of the said license agreement, including terms 
relating to remuneration.  
 
Visually - and Hearing -handicapped Persons  
 
 17.(1) is permitted to use and distribute copies of published works if the use 
and the distributed copies are specifica lly intended for the blind, visually impaired, 
the deaf and sufferers from speech impediments, as well as persons who on a ccount 
of handicap are unable to read printed text. The provision of the first sentence does 
not apply to the use or distrib ution of c opies for commercial purposes.  
(2) The provision of subsection (1) does not apply to sound recordings of lite r-
ary works or use that consists solely of sound recordings of musical works.  
(3) Sound recordings of published literary works may be used and distr ibuted 
for use by visually impaired persons and backward readers if this is not done for 
commercial purposes. The author is entitled to remuneration. If agreement can not 
be made on the size of remuneration, each party is entitled to bring the dispute b e-
fore the Copyright License Trib unal, cf. § 47.  
(4) Government or municipal institutions and other social or non -profit instit u-
tions may, for the use of visually handicapped and hearing -impaired persons, by 
means of sound or visual recording produce copies of  works broadcast on the radio 
or television, provided the requirements regarding the extended collective license 
according to section 50 have been met. Such recording may only be used for the 
purpose of activities covered by the agreement presumed in secti on 50.  
 
Production of Anthologies for Educational Use, etc.  
18.(1) Minor portions of literary works and musical works or such works of 
small proportions may be used in composite works compiling contributions by a 
large number of authors for use in educat ional activities, provided that five years 
have elapsed since the year when the work was published. In connection with the 
text also works of art and works of a descriptive nature, cf. section 1(2), may be  
Side 8 
used, provided that five years have elapsed since the year when the work was made 
public. The author shall be entitled to remuneration. If agreement can not be made 
on the size of remuneration, each party is entitled to bring the dispute before the 
Copyright License Tribunal, cf. § 47.  
 (2) The provision of subsection (1) does not apply to works prepared for use in 
educational activities or if the use is for commercial purposes.  
 (3) A few published songs may be freely used in song booklets produced 
solely for the use of participants in a particular meetin g. However, no more than 300 
copies of each booklet may be produced.  
 
Distribution of Copies  
 
 19.(1) Where a copy of a work has been sold or otherwise transferred to 
others within the European Economic Area with the consent of the author the copy 
may be further distributed. In respect of further distribution in the form of lending or 
rental, the provision of subsection (1) shall also apply to sale or assignment in any 
other form to other persons outside the European Economic Area.  
 (2) Notwithstanding the  provision of subsection (1), copies may not be 
distributed to the general public through rental without the consent of the author. 
However, this does not apply to works of architecture and applied art.  
 (3) Notwithstanding the provision of subsection (1),  copies of cinematographic 
works and copies of computer programs in digitized form may not be distributed to 
the public through lending without the consent of the author. However, this does not 
apply if a copy of a computer program in digitized form consti tutes a part of a 
literary work and is lent together with it.  
 (4) The provision of subsection (1) shall not carry any limitation in the right to 
receive remuneration etc., under the Act on Public Lending Right Remuneration.  
 
Exhibition of Copies  
 
 20. Whe re a work has been published or if a copy of a work of art has been 
transferred to other parties by the author, the published or transferred copies may be 
exhibited in public.  
 
Public Performances  
 
 21.(1) A published work, which is not a dramatic work o r a cinematographic 
work, may be performed in public  
(i) on occasions when the audience is admitted free of charge where the perfo r-
mance is not the main feature of the event and where the event does not o ccur 
for co mmercial purposes; and   
(ii) where the p erformance occurs in the case of divine services or educational a c-
tivities.  
 (2) The provision of subsection (1)(ii) does not apply to performances on r adio 
or television and to performances in educational activities which occur for comme r-
cial purposes.   
Side 9 
Quotations  
 
 22. A person may quote from a work which has been made public in 
accordance with proper usage and to the extent required for the purpose.  
 
Use of Works of Fine Art, etc.  
 
 23.(1) Works of art and works of a descriptive nature, cf. section 1(2 ), which 
have been made public may be used in critical or scientific presentations in 
connection with the text in accordance with proper usage and to the extent required 
for the purpose. Reproduction is not allowed for commercial purposes.  
 (2) Works of ar t made available to the public may be used in newspapers and 
periodicals in connection with the reporting of current events in accordance with 
proper usage and to the extent required for the purpose. The provision of the first 
sentence does not apply to wo rks produced with a view to use in newspapers or 
periodicals.  
 (3) Published works of art or copies of works of art that have been transferred 
to others by the author may be used in newspapers, periodicals, films and television 
if the use is of subordinate  importance in the context in question.  
 
 24.(1) Works of art included in a collection, or exhibited, or offered for sale 
may be reproduced in catalogues of the collection. Such works of art may also be 
used in notices of exhibitions or sale, including in  the form of communication to the 
public.  
 (2) Works of art may be reproduced in pictorial form and then made available 
to the public if they are permanently situated in a public place or road. The provision 
of the first sentence shall not apply if the wor k of art is the chief motif and its 
reproduction is used for commercial purposes.  
 (3) Buildings may be freely reproduced in pictorial form and then made 
available to the public.  
 
 24 a. -(1) A work of art that has been made public may be reproduced, if the  
terms regarding extend collective license according to section 50 have been met. 
This shall, however, not apply is the author has issued a prohibition against use of 
the work in relation to any of the parties to the license agreement.  
 (2) If disputes ari se on whether, an organisation approved according to section 
50(4) to make license agreements according to subsection (1), proposes 
unreasonable terms to such a license agreement, each party to the license agreement 
is entitled to bring the dispute before the Copyright License Tribunal cf. § 47. The 
Tribunal may lay down all the terms of the said license agreement, including terms 
relating to remuneration.   
Side 10 
 
Reporting of Current Events etc.  
 
 25. If performance or exhibition of a work is part of a current ev ent and it is 
used in film, radio or television, the work may be included to the extent the work 
forms a natural part of the reporting of the current event.  
 
 25 a. Works which are part of short reports given access to under section 90(3) 
of the Radio and Television Broadcasting Act and under provisions issued according 
to section 90(5) of the same Act, may be reproduced in accordance with section 
90(4) of the Radio and Television Broadcasting Act and in accordance with 
provisions issued according to sectio n 90(5) of the same Act.  
 
Public Proceedings, Public Access, etc.  
 
 26. Proceedings in Parliament, municipal councils and other elected public 
authorities, in judicial proceedings and in public meetings held to discuss general 
matters may be used without t he author's consent. However, the author shall have 
the exclusive right to publish compilations of his own statements.  
 
 27.(1) Where copies of works protected under this Act have come in to an 
administrative authority or court in connection with its acti vities, the copyright shall 
not prevent other parties from demanding access to copies of works, including d e-
manding a transcript or a copy, in accordance with the provisions of the legislation 
on access to public documents. The same shall apply to works pr oduced within the 
administr ative authority or court.  
(2) The copyright shall not prevent that documents delivered to a public re cord 
office or an institution which the Minister for Culture has decided shall be consi d-
ered equivalent hereto are made availabl e to the public in accordance with the prov i-
sions of the legislation on archives. However, it shall be prohibited to issue tra n-
scripts or to make copies of private doc uments.  
(3) The right to further exploitation of works to which access has been given in 
pursuance of subsection (1) or (2) or of which transcripts or copies have been i ssued 
shall be subject to the provisions otherwise in force.  
 
 28.(1) Works may to the extent justified by the purpose be used in connection 
with  
(i) judicial proceedings and  proceedings before administrative tribunals, etc., and  
(ii) proceedings within public authorities and institutions under Parliament.  
 (2) The right to further exploitation depends on the rules otherwise in force.  
 
Alteration of Buildings and Articles fo r Everyday Use  
 
 29.(1) Buildings may be altered by the owner without the consent of the 
author if this is done for technical reasons or for the purpose of their practical use.   
Side 11 
 (2) Articles for everyday use may be altered by the owner without the consent  
of the author.  
 
Special Provisions on Radio and Television  
 
 30.(1) DR, TV 2/Danmark A/S and the regional TV 2 companies may on 
radio or television broadcast published works provided the requirements regarding 
extended collective license according to sec tion 50 have been met. The provision of 
the first sentence does not apply to dramatic or cinematographic works.  
 (2) The author may issue a prohibition to the broadcaster against the broadcast 
of the work pursuant to subsection (1).  
 (3) The Minister for C ulture may stipulate that the provisions of subsections 
(1) and (2) shall apply correspondingly to agreements made by other broadcasters.  
 (4) The provision of subsection (1) shall apply correspondingly if the author of 
a work of art has transferred one or  more copies to others.  
 (5) The provision of the first sentence of subsection (1) shall not apply to 
broadcasts on radio and television via satellite unless the broadcaster makes a 
simultaneous broadcast via a terrestrial network.  
 (6) If disputes arise o n whether, an organisation approved according to section 
50(4) to make license agreements according to subsection (1), proposes 
unreasonable terms to such a license agreement, each party to the license agreement 
is entitled to bring the dispute before the Copyright License Tribunal, cf. § 47. The 
Tribunal may lay down all the terms of the said license agreement, including terms 
relating to remuneration.  
 
 30 a.(1) Works which have been made public and are a part of DR, TV 
2/DANMARK A/S and the regional TV 2 companies’ own productions can, by the 
mentioned broadcasters, be repeated and made available in such a way that members 
of the public may access them from a place and at a time individually chosen by 
them, cf. the second division of section 2 (4)(i), pr ovided that the requirements 
regarding extended collective license according to section 50 have been met. The 
provision the first sentence shall apply correspondingly to the making of copies, 
which are necessary for the reproduction. The provisions of the first and second 
sentences shall apply exclusively to works which are a part of productions broadcast 
before January 1, 2007.  
 (2) The author may issue a prohibition to the broadcaster against the 
reproduction of the work pursuant to subsection (1).  
 
 31.(1) Broadcasters may for the purpose of their broadcasts record works on 
tape, film, or any other device that can reproduce them provided they have the right 
to broadcast the works in question. The right to make such works available to the 
public shall be subject to the provisions otherwise in force.  
 (2) The Minister for Culture may lay down rules on the conditions to make 
such recordings and on their use and storage.  
  
Side 12 
 32. Broadcasts of debate programs in which general questions are discussed 
may be used without the consent of the author. However, the author shall have the 
exclusive right to publish compilations of his own statements.  
 
 33. (Repealed)  
 
 34. Broadcasters may on request deliver recordings of broadcasts to persons 
who have taken part in the broadcasts in ques tion or who feel offended by co mment 
in a specific broadcast or through public mention of the broadcast in question. R e-
cordings delivered according to the first se ntence may be used for internal use only.  
 
 35.(1) Works which are broadcast wireless on rad io or television may be 
retransmitted simultaneously and without alteration via cable systems and may in the 
same manner be retransmitted to the public by means of radio systems, provided the 
requirements regarding extended collective license according to section 50 have 
been met. The provision of the first sentence shall not apply to rights held by 
broadcasters.  
 (2) Notwithstanding the provision of subsection (1), works forming part of a 
wireless radio or television broadcast received by means of the rece ivers’ own 
antennae, may be retransmitted via cable systems consisting of no more than two 
connections.  
 (3) The owner of a system as mentioned in subsection (1) is responsible for an 
agreement being made regarding retransmission of radio and television br oadcasts 
via the systems. If remuneration to be paid by the owner according to an agreement 
made in accordance with subsection (1) or an order from the Copyright License Tr i-
bunal under section 48(1), is fixed as an amount per connection, the user of the in di-
vidual connection is under an obligation to pay the owner a corr esponding amount.  
 (4) Works broadcast by radio or television may in ways other than as provi ded 
in subsection (1) be reproduced by others provided that the requirements regarding 
an extende d collective licence under section  50 below are met. Acts of r eproduction 
and of making  works available in such a way that the public acquires access to them 
at an individually chosen place and time, cf. section  2(4) (i), shall take place in co n-
nection wit h the broadcasting in terms of time.  
(5) Works made available by a broadcasting organisation  in such a way that 
the public acquires access to them at an individually chosen place and time, cf. sec-
tion 2(4) (i), may be made available by others in such a way  that the public a cquires 
access to them at an individually chosen place and time, cf. section  2(4) (i), when 
they are made available in the same way and within the same period as they are 
made available by the broadcasting organisation and provided that t he requirements 
regarding an extended collective licence under section  50 below are met. Acts of r e-
production necessary to make them available may be carried out.  
(6) The provisions of subsections (4) and (5) shall not apply if the author has 
obtained an i njunction prohibiting the exploitation of the work by any of the pa rties 
to the licence agreement . The provisions shall not apply to rights held by broadcas t-
ing organisations.  
(7) If questions arise as to whether an organisation approved under section  
50(4) hereof to conclude licence agreements covered by subsections (4) and (5) is  
Side 13 
imposing unfair conditions in connection with a licence, either of the parties may 
submit the question to the Danish Copyright Licence Tribunal (Ophavsretslicens -
nævnet), cf. section  47. The Tribunal may determine the conditions, including the 
amount of the remuneration . 
 
 
Special Provisions on Computer Programs, etc.  
 
 36.(1) The person who has the right to use a computer program shall be 
entitled to  
(i) produce such copies of the program and to make such alterations of the pr o-
gram which are necessary for the person to use the computer program in a c-
cordance with its intended purpose, including for e rror correction;  
(ii) make a back -up copy insofar as it is necessary for the use of the program; and  
(iii) observe, study or test the functioning of the program in order to determine the 
ideas and principles which underlie any element of the program if he does so 
while performing any of the acts of loading, displaying, running, transmi tting 
or sto ring, etc. the program which he is entitled to.  
 (2) The person who has the right to use a database may perform such actions 
which are necessary for the person to obtain access to the contents of the database 
and make normal use of it.  
 (3) Th e provisions of subsection (1)(ii) and (iii) and of subsection (2) may not 
be deviated from by agreement.  
 
 37.(1) Reproduction of the code of a computer program and translation of its 
form shall be permitted where this is indispensable to obtain the info rmation nece s-
sary to achieve the interoperability of an independently created computer program 
with other programs, provided that the following conditions are met:  
(i) these acts are performed by the licensee or by another person having a right to 
use a co py of a program, or on their behalf by a person authorised to do so;  
(ii) the information necessary to achieve interoperability has not previously been 
readily available to the persons referred to in (i); and  
(iii) these acts are confined to the parts of  the original program which are nece ssary 
to achieve interoperability.  
 (2) The provisions of subsection (1) shall not permit the information o btained 
through its application:  
(i) to be used for goals other than to achieve the interoperability of the ind e-
pendently created computer program;  
(ii) to be given to others, except where necessary to achieve the intero perability of 
the independently created computer program; or  
(iii) to be used for the development, production or marketing of a computer pr o-
gram sub stantially similar in its expression, or for any other act which infrin g-
es cop yright.  
 (3) The provisions of subsections (1) and (2) may not be deviated from by 
agreement.   
Side 14 
Artists’ Resale Right  
 
 38.(1) The author is entitled to remuneration for the resal e of copies of works 
of art, including paintings, collages, drawings, engravings, prints, lithographs, scul p-
tures, tapestries, ceramic art, glass art and photographic works (resale right remune r-
ation). The provision in the first sentence relates to copies of works of art that have 
been produced in one copy or in a limited quantity by the author himself or with his 
permission. The provision in the first sentence does not comprise architectural 
works.  
 (2) Resale right remuneration shall be paid for all insta nces of resale in which 
sellers, buyers or agents are involved on a professional basis in the art market, i n-
cluding auction houses, art galleries and art dealers. The obligation to pay the rem u-
neration rests with the seller or the intermediary. Remuneratio n shall only be paid if 
the sales price exceeds 300 euros (excl. VAT). The total remuneration cannot exceed 
12,500 euros (excl. VAT) per copy.  
 (3) The remuneration is calculated as  
(i)  5 per cent for the portion of the sale price up to 50,000 euros (excl . VAT),  
(ii)  3 per cent for the portion of the sale price from 50,000.01 to 200,000 euros 
(excl. VAT),  
(iii)  1 per cent for the portion of the sale price from 200,000.01 to 350,000 euros 
(excl. VAT),  
(iv)  0.5 per cent for the portion of the sale price f rom 350,000.01 to 500,000 e uros 
(excl. VAT),  
(v)  0.25 per cent for the portion of the sale price exceeding 500,000 euros (excl. 
VAT).  
(4) The right to remuneration shall last until the expiration of the term of cop y-
right, cf. section 63. This right is per sonal and unassignable. After the death of the 
author the right shall, however, succeed to the author’s spouse and issue. Where the 
author does not leave behind any spouse or issue, the right of remuneration shall 
pass to the organis ation mentioned in subs ection (5).  
 (5) The right of remuneration of resale right may be exercised only by an o r-
ganisation approved by the Minister for Culture. The organisation shall be in charge 
of the collection and make distribution to the beneficiaries. The benef iciary’s cl aim 
against the organisation shall last until three years have elapsed from the end of the 
year in which the resale took place. The period of limitation shall be suspended by 
written demand from the beneficiary.  
 (6) The Minister for Culture stipulates det ailed provisions on the procedure for 
approval of the joint organisation, mentioned in subsection (5).  
 (7) The seller or agent, cf. the second sentence in subsection (2), shall  
(i)  submit an annual statement to the organisation as at 1 June specifying t he pr e-
vious year’s sales of works of art that are covered by the resale right scheme, 
cf. subsections (1) and (2), attested by an authorised public accountant or a 
registered auditor and  
(ii)  at the organisation’s request and within four weeks of receipt  of the request to 
submit all of the information necessary to secure payment of remuneration 
when the organisation requests this within three years of the resale.   
Side 15 
 
Remuneration for Reproduction for Private Use  
 
 39.(1) Anyone who for commercial purposes p roduces or imports sound 
tapes or videotapes or other devices on to which sound or images can be recorded 
shall pay remuneration to the authors of the works mentioned in subsection (2).  
 (2) The remuneration shall be paid for tapes, etc., which are suitabl e for 
production of copies for private use, and only for works which have been broadcast 
on radio or television, or which have been published on phonogram, film, 
videogram, etc.  
 (3) Administration and control, including collection, shall be carried out by  a 
joint organisation representing a substantial number of authors, performers and other 
rightholders, including record producers, etc., and photographers, whose works, 
performances, etc., are used in Denmark. The organisation shall be approved by the 
Mini ster for Culture. The Minister may demand to be supplied with all information 
about collection, administration and distribution of the remuneration.  
 (4) The organisation lays down guidelines for payment of the remuneration to 
the beneficiaries so that to the greatest possible extent distribution will take place in 
accordance with the copying actually made. One third of the annual amount for 
payment shall, however, be used to support purposes common to the authors and 
others within the groups represented by  the organisation, cf. subsection (3).  
 (5) The Minister for Culture stipulates detailed provisions on the procedure for 
approval of the joint organisation, mentioned in subsection (3).  
 
 40.(1) For 2006, the remuneration per minute playing time for analo gue 
sound tapes is DKK 0.0603 and for analogue videotapes DKK 0.0839.  
 (2) For 2006, the remuneration for digital sound media is DKK 1.88 per unit, 
for digital image media DKK 3 per unit and for digital memory cards DKK 4.28 per 
unit. 
 (3) The remuneration  specified in subsections (1) and (2) shall be adjusted a n-
nually from 2007 by the rate adjustment percentage, cf. Act on Rate Adjustment 
Percen tage. 
 
 41.(1) Companies which for commercial purposes produce or import sound 
tapes or videotapes, etc., shall be registered with the joint organisation.  
 (2) The organisation shall issue a certificate for the registration.  
 (3) Registered companies shall without the remuneration having been settled 
be entitled to import or from another registered company to receiv e sound tapes or 
videotapes liable to remuneration in accordance with section 39.  
 
 42.(1) The remuneration period shall be the month.  
 (2) Registered companies shall prepare a statement of the number of sound 
tapes and videotapes liable to remuneration w hich during the period have been 
distributed by the company, and their playing time.  
 (3) Registered companies using sound tapes or videotapes within the company 
shall include the terms for distribution according to subsection (2).   
Side 16 
 (4) The statement shall  be specified in accordance with guidelines to be laid 
down by the Minister for Culture according to negotiation with the joint 
organisation. The Minister for Culture may, moreover, subject to negotiation with 
the joint organisation lay down guidelines for  control measures in connection with 
the statement mentioned in the first sentence of this subsection.  
 (5) The Minister for Culture can define rules, the purpose of which is to si m-
plify the scheme with deductions or repayments of remuneration for sound ta pes and 
videotapes, etc., used for professional purposes, cf. section 43 (1) (iii), and section 
44 (1) (ii).  
 (6) Anyone selling sound tapes and videotapes, etc. is obliged when ordered to 
do so by the organisation to explain within four weeks from whom th e tapes, etc. 
were bought.  
 
 43.(1) A deduction shall be made from the number liable to remuneration 
made up in accordance with section 42(2):  
(i) the number of sound tapes and videotapes distributed to another registered 
company in accordance with sectio n 41(3);  
(ii) the number of exported sound tapes and videotapes;  
(iii) the number of sound tapes and videotapes to be used for professional 
purposes, including educational purposes;  
(iv) the number of sound tapes and videotapes to be used for production of  
recordings to be used for the visually handicapped and hearing -impaired 
persons;  
(v) the number of sound tapes and videotapes to be used for special purposes 
which by the Minister for Culture have been exempted from the remuner ation. 
 (2) The Minister for  Culture may according to negotiation with the joint 
organisation lay down guidelines for controlling deductions in accordance with 
subsection (1).  
 
 44.(1) The remuneration shall be repaid in case of:  
(i) commercial export of sound tapes or videotapes on  which remuneration has  
 been paid;  
(ii) utilization of sound tapes or videotapes for professional purposes, including 
educational purposes, on which remuneration has been paid;  
(iii) utilization of sound tapes or videotapes for production of recordings to  be used 
by visually handicapped or hearing -impaired persons, on which remuneration 
has been paid; or  
(iv) utilization of sound tapes or video tapes for special purposes which by the 
Minister for Culture have been exempted from payment of remuneration, on  
which remuneration has been paid.  
 (2) In accordance with negotiation with the joint organisation, the Minister for 
Culture lays down the guidelines to apply to refunding of remuneration according to 
subsection (1).  
  
Side 17 
 45.(1) Registered companies shall k eep accounts of production, import and 
distribution etc., of sound tapes and videotapes liable to remuneration.  
 (2) In accordance with negotiation with the joint organisation, the Minister for 
Culture lays down guidelines to apply to the accounting of the  registered companies, 
including issue of invoices etc.  
 (3) Registered companies shall keep accounting material for five years after 
the end of the financial year.  
 
 46. After the end of each remuneration period and not later than at the end of 
the next m onth registered companies shall to the joint organisation deliver a 
statement specifying the number of distributed sound cassette tapes and video 
cassette tapes, and their playing time, cf. sections 42 and 43. The company shall at 
the latest together with delivery of the statement pay the remuneration to the 
organisation. The statement shall be signed by the management of the company.  
 
 46 a. The Minister for Culture can compensate rightholders for the difference 
between the proceeds of the sale of blank dv d’s in a specific year and the proceeds 
of the sale of blank dvd’s in 2005, to the extend that the proceeds of a specific year 
is less than in 2005.  
 
The Copyright License Tribunal  
 
 47.(1) The Minister for Culture sets up the Copyright License Tribunal. The 
Tribunal consists of a chairperson and two members appointed by the Minister for 
Culture. The chairperson shall be a judge of the Supreme Court.  
 (2) The Copyright License Tribunal can make decisions according to se ctions 
13, 14 and 16 b, 17(3), 18(1),  24 a, 30,  35(7), 48(1) and 48(2), 51(2), 68, 75 a(3) and 
75 d. The decisions of the Tribunal may not be brought before any other administr a-
tive authority.  
 (3) The Minister for Culture will lay down the rules governing the activities of 
the Tribunal and may in this connection lay down rules on the covering of the e x-
penses i ncurred in connection with such activities.  
  
 48.(1) If an organisation approved in accordance with section 50(4) or a 
broadcaster unreasonably refuses to consent to retransmission via cable  systems or 
wireless of works and broadcasts that are broadcast wireless simultaneously and 
without alteration or if such retransmission is offered on unreasonable terms, the 
Copyright License Tribunal may at request grant the necessary permission and lay 
down the conditions in this respect. The provision of section 50(3), first sentence, 
shall apply correspondingly. The Copyright License Tribunal’s decisions as d e-
scribed in the first sentence are not binding on radio and television companies..  
 (2) Where i n accordance with section 69, a broadcaster refuses to give its 
consent to a broadcast be recorded in a manner as mentioned in the second division 
of the first sentence of section 13(1) or section 17(4) or in the absence of any 
agreement on the conditions of such a recording, the Copyright License Tribunal  
Side 18 
may at the request of each party grant the necessary permission and lay down the 
conditions in this respect.  
 (3) The provision of subsection (2) shall apply only if an organisation of 
authors has made an  agreement comprised by section 50, cf. the second division of 
the first sentence of section 13(1) or section 17(4). The provision of section 49 shall 
apply correspondingly.  
 
Statute -barring of Claims for Remuneration  
 
 49.(1) Claims for remuneration acco rding to section 17(3), section 18(1), and 
section 68 shall become statute -barred after three years from the end of the year in 
which the utilization of the work took place.  
 (2) If the claim for remuneration is made by an organisation the provision of 
subsection (1) shall apply also to the author's claim against the organisation.  
 (3) The limitation shall be suspended by written demand.  
 
Common Provisions on Extended Collective License  
 
 50.(1) Extended collective license according to sections 13, 14 and section 16 
b, section 17(4), and section 24 a, 30, 30 a and 35 may be invoked by users who 
have made an agreement on the exploitation of works in question with an organis a-
tion comprising a substantial number of authors of a certain type of works which are 
used in Denmark.  
 (2) Extended collective license may also be invoked by users who, within a 
specified field, have made an agreement on the exploitation of works with an orga n-
isation comprising a substantial number of authors of a certain type of works wh ich 
are used in Denmark within the specified field. However, this does not a pply, if the 
author has issued a prohibition against use of his work in relation to any of the co n-
tracting parties .  
 (3) The extended collective license gives the user right to ex ploit other works 
of the same nature even though the authors of those works are not represented by the 
organisation. The extended collective license gives the user right only to e xploit the 
works of the unrepresented authors in the manner and on the terms that follow from 
the license agre ement made with the organisation.  
 (4) Rightholder organisations which make agreements of the nature me ntioned 
in subsection (1) and (2), shall be approved by the Minister for Culture to make 
agreements within specified fie lds. The Minister may decide that an approved orga n-
isation in certain fields shall be a joint organisation comprising several organis ations 
which meet the conditions of subsection (1) or (2).  
 (5) The Minister for Culture stipulates detailed provisions on the procedure for 
approval of the rightholder organisations, mentioned in subsection (4).  
 
 51.(1) For exploitation of works according to section 50 the rules laid down 
by the organisation with regard to the distribution of remuneration between the a u-
thors represented by the organisation shall apply correspondingly to unrepresented 
authors.   
Side 19 
 (2) Unrepresented authors may claim an individual remuneration although 
such a right appears neither from the agreement with the user nor from the 
organisation’s rules  on remuneration. The claim for individual remuneration shall be 
directed to the organisation only. If agreement can not be made on the size of 
remuneration, each party is entitled to bring the dispute before the Copyright 
License Tribunal, cf. § 47.  
 (3) The claim for remuneration, which organisations approved according to 
section 50 (4) wish to present in relation to exploitation of works according to 
section 35, shall be presented simultaneously to the users.  
 (4) Section 49 shall apply correspondingly to claims for remuneration based 
on subsection (1) and (2).  
 
 52.(1) In the absence of any result of negotiations on the making of 
agreements as mentioned in section 13(1), section 14, section 16 b, section 17(4), 
section 24 a and section 30 a, each part y may demand mediation.  
 (2) Demands for mediation shall be addressed to the Minister for Culture. The 
request may be made if one of the parties has broken off the negotiations or rejected 
a request for negotiations, or if the negotiations do not appear to  lead to any result.  
 (3) The mediation shall be made by a mediator to be appointed by the Minister 
for Culture. The mediation negotiations shall be based on the parties' proposal for a 
solution, if any. The mediator may propose to the parties to have the dispute settled 
by arbitration and may participate in the appointment of arbitrators.  
 (4) The mediator may make proposals for the solution of the dispute and may 
demand that such a proposal be submitted to the competent bodies of the parties for 
adoption or rejection within a time -limit fixed by the mediator. The mediator shall 
notify the Minister for Culture of the outcome of the mediation.  
 (5) The mediator may decide that agreements shall remain in force although 
the agreement term has expired or will e xpire in the course of the negotiations. 
However, the agreement cannot be prolonged for more than two weeks after the 
parties have decided on a final mediation proposal or proposal for arbitration, or 
after the mediator has notified that there is no basis to make such proposals.  
 (6) The person who is or who has been mediator must not without 
authorisation disclose or utilize any knowledge obtained in his capacity of being a 
mediator.  
 (7) The Minister for Culture may lay down rules regarding the covering o f 
expenses incurred in connection with the work of the mediator.  
 
 
Chapter 3  
Assignment of Copyright  
 
General Provisions  
 
 53.(1) Subject to the limitations following from sections 3 and 38 the 
copyright holder may wholly or partially assign his rights u nder this Act.  
 (2) The transfer of copies shall not include an assignment of the copyright.   
Side 20 
 (3) Where a right to exploit the work in a specific manner or through specific 
means has been assigned, the assignment does not give the assignee the right to 
exploit the work in any other manners or through any other means.  
 (4) The provisions of sections 54 -59 on assignment of copyright may be 
deviated from by agreement between the parties except where otherwise provided in 
the individual provisions.  
 
 54.-(1) Th e assignee shall be under an obligation to exploit the assigned rights. 
The author may cancel the agreement with 6 months notice, if the assignee has not 
exploited the rights within 3 years after the time where the agreement has been 
fulfilled on the part of the author. This does not apply when the exploitation is 
initiated before the expiration of the notice.  
 (2) The provisions of subsection (1) cannot be derogated from, unless it is a 
mere change of the outlined time limits.  
 
 55. (Repealed)  
 
Alterations  and Reassignment  
 
 56.(1) Assignment of copyright does not give the assignee any right to alter 
the work unless the alteration is usual or obviously presumed.  
 (2) Assignment of copyright does not give the assignee any right to reassign 
copyright unless the reassignment is usual or obviously presumed. The assignor 
remains liable for the performance of the agreement with the author.  
 
Settlement and Control  
 
 57.(1) If the author's remuneration depends on the assignee's turnover, sales 
figures, etc., the a uthor may demand that settlement is made at least once a year. The 
author may likewise demand that the settlement be accompanied by satisfactory 
information on the circumstances forming the basis of the calculation of the 
remuneration.  
 (2) The author may demand that the accounts, bookkeeping and inventory 
together with certifications by the party who has exploited the work in connection 
with the annual settlement according to subsection (1) be made available to a state -
authorised public accountant or regis tered accountant appointed by the author. The 
accountant shall inform the author of the correctness of the settlement and of 
irregularities, if any. The accountant shall otherwise observe secrecy about all other 
matters that become known to him in connecti on with his review.  
 (3) The provisions of subsections (1) and (2) shall not be deviated from to the 
detriment of the author.  
Special Provisions concerning Agreements on Recording of Films  
 
 58.(1) An agreement to take part in the recording of a film sha ll imply that 
the author shall have no right to oppose that  
(i) copies of the film are made;   
Side 21 
(ii) copies of the film are distributed to the public;  
(iii) the film is performed in public; or  
(iv) the film is subtitled or dubbed in another language.  
 (2) Th e provision of subsection (1) shall not apply to  
(i) works already existing;  
(ii) scripts, dialogues and musical works created for the purpose of making the 
film; or  
(iii) the principal director of the film.  
 
Provisions on Unassignable Claims for Remunerat ion in Connection with Rental of 
Moving Pictures and Sound Recordings.  
 
 58 a.  If an author has assigned his right to make a work available to the public 
through rental to a producer of moving pictures or sound recordings, the author shall 
be entitled to a n equitable remuneration from the producer for the rental. The right to 
remuneration may be exercised only through organisations which represent the 
individual groups of rightholders. The provisions of the first and second sentence 
may not be deviated from  by agreement.  
 
Special Provisions on Computer Programs Produced in the Course of Employment  
 
 59. Where a computer program is created by an employee in the execution of 
his duties or following the instructions given by his employer the copyright in such a  
computer program shall pass to the employer.  
 
Commissioned Portraits  
 
 60. The author cannot exercise his rights in a commissioned portrait without 
the consent of the commissioner.  
Inheritance and Creditor Proceedings  
 
 61.(1) The usual provisions of th e inheritance laws shall apply to the 
copyright upon the author's death.  
 (2) The author may give directions in his will with binding effect also for the 
spouse and issue concerning the exercise of the copyright, or may authorise 
somebody else to give such  directions.  
 
 62.(1) The author’s right to control his work shall not be subject to creditor 
proceedings, either when remaining with the author or when with any person who 
has acquired the copyright by virtue of marriage or inheritance.  
 (2) Copies of th e work shall not be subject to creditor proceedings either when 
remaining with the author or when with any person to whom copies have been 
assigned by virtue of marriage or inheritance if the proceedings are in respect of  
(i) manuscripts;  
(ii) bases, plat es, forms, etc., by which a work of art can be performed; or   
Side 22 
(iii) copies of works of art which have not yet been exhibited, offered for sale or in 
any other way approved for publication.  
 
 
Chapter 4  
Duration of Copyright  
 
 63.(1) The copyright in a work shall last for 70 years after the year of the 
author’s death or with regard to the works mentioned in section 6 after the year of 
death of the last surviving author. With regard to cinematographic works the 
copyright, however, shall last for 70 years after  the year of death of the last of the 
following persons to survive:  
(i) the principal director;  
(ii) the author of the script;  
(iii) the author of the dialogue; and  
(iv) the composer of music specifically created for use in the cinematographic 
work.  
(2) The copyright of a musical work with lyrics where both lyrics and mus ical 
work have been created specifically for the musical work with lyrics in question 
shall last until 70 years have passed from the year of death of the longest -living of 
the follo wing per sons: 
1) The author and  
2) the composer  
 (3) Where a work is made public without indication of the author’s name, 
generally known pseudonym or signature, the copyright shall last for 70 years after 
the year in which the work was made public. Where a work c onsists of parts, 
volumes, instalments, issues or episodes a separate term of protection shall run for 
each item.  
 (4) If within the period mentioned the author is indicated in accordance with 
section 7 or if it is established that he had died before the w ork was made public, the 
duration of copyright shall be calculated in accordance with subsection (1).  
 (5) Copyright in a work of unknown authorship that has not been made public 
shall last 70 years after the end of the year in which the work was created.  
 
 64. Where a work has not been published previously, the person who lawfully 
makes the work public or publishes it for the first time after the expiry of copyright 
protection, shall have rights in the work equivalent to the economic rights attributed 
by the Act to the person creating a literary or artistic work. This protection shall last 
for 25 years after the end of the year in which the work was made public or 
published.  
 
 
 
Chapter 5  
Other Rights   
Side 23 
 
Performing Artists  
 
 65.(1) The performance of a literar y or artistic work by a performing artist 
may not without his consent  
(i) be recorded on tape, film or any other device by means of which it can be 
reproduced; or  
(ii) be made available to the public.  
 (2) Where a performance has been recorded as stated in  subsection (1)(i), it 
must not without the consent of the performing artist be copied or be made avail able 
to the public until 50 years after the end of the year in which the performance took 
place. However, if a recording of the performance is lawfully p ublished or lawfully 
communicated to the public during this period, the rights shall expire 50 years from 
the date of the first such publication, or the first such communication, whichever is 
the earlier.  
(3) If a recording of a performance, cf. subsection  (1) (i), which is not a sound 
recording is published or communicated to the public within the period mentioned in 
subsection (2), the copyright protection shall last until 50 years have passed from the 
end of the year of first publication or communication  to the public, whichever is the 
earlier . 
(4) If a sound recording of a performance, cf. subsection (1) (i), is published or 
communicated to the public within the period mentioned in subsection (2), the cop y-
right protection shall last until 70 years have p assed from the end of the year of first 
publication or communication to the public, whichever is the earlier . 
 (5) An agreement between a performing artist and a film producer to take part 
in the recording of a film implies that in the absence of any oppos ite agreement the 
performing artist is assumed to have assigned his right to the rental of the film to the 
producer.  
 (6) The provisions of section 2(2) -(4), sections 3, 7, 11 and 11 a, section 12(1), 
(2)(v), (3), (4)(i), and (5) first sentence, sections 1 3, 15, 16 and 16 a, section 17(1), 
(2) and (4), section 18(1) and (2), section 19(1) and (2), sections 21, 22, 25, 25 a, 27, 
28, 30 a, 31, 34, 35, 39 -47, 49 -57, 58 a, 61 and 62 shall apply correspondingly to 
performing artists’ performances and recordings of such performances.  
 
Producers of Sound Recordings  
 
 66.(1) Sound recordings may not without the consent of the producer be co p-
ied or made available to the public until 50 years have elapsed after the end of the 
year in which the recording was made. If  a sound recording is published during this 
period the protection shall, however, last until 50 years have elapsed after the end of 
the year of the first publication. If a sound recording is not published but is made 
public in any other manner within the p eriod mentioned in the first sentence, the pr o-
tection shall, however, last until 50 years have elapsed after the end of the year in 
which it was made public.  
 (2) The provisions of section 2(2) -(4), section 7 (1), section 11(2) and (3), se c-
tion 11 a, secti on 12(1), (2)(v), (3), (4) (i), and (5), first sentence, sections 13, 15, 16  
Side 24 
and 16 a, section 17, (1), (2) and (4), section 18(1) and (2), section 19(1) and (2), 
sections 21, 22, 25, 25 a, 27, 28, 30 a, 31, 34, 39 -47 and 49 -52 shall apply corr e-
spondingly to sound r ecordings.  
 (3) Notwithstanding the provision of subsection (1), sound recordings broa d-
cast wireless may be retransmitted via cable systems and be retransmitted to the pu b-
lic by means of radio systems if this is done without alterations and simul taneously 
with the broadcast.  
 
Termination of agreement on assignment of the rights of a performing artist  
66 a.-(1) A performing artist may terminate the agreement pursuant to which 
the performing  artist has transferred or assigned his rights to the sound r ecording of 
his performance to a producer of sound recordings when 50 years have passed after 
the publication of the sound recording or, in the absence of publication, when 50 
years have passed a fter the sound recording was communicated to the public, if the 
producer does not  
(i) offer copies of the sound recording for sale to a sufficient extent and  
(ii) make the sound recording available in such a way that the public acquires a ccess 
to it at an individually chosen place and time, cf. section  2(4) (i). 
(2) If the performing artist wishes to terminate the agreement, cf. subsection 
(1), he shall do so by giving one (1) year's notice . The agreement may then be term i-
nated if the producer of the sound recording does not perform both of the acts of e x-
ploitation appearing from subsection (1) (i) and (ii), prior to the expiry of the n otice 
period. The performing artist cannot waive his right to terminate the agre ement.  
(3) If an agreement is terminated in accordance with subsection (1), the pr o-
ducer’s own rights, cf. section  66, to the sound recording covered by the agre ement 
shall also expire.  
Right to an annual supplementary remuneration  
66 b.-(1) If a performing artist has assigned his rights to the soun d recording 
of a performance to a producer of sound recordings and has agreed on a right to a 
one-off fee, such artist shall be entitled to an annual supplementary remuneration 
from the producer of the sound recording for each whole year following immediat e-
ly after the expiry of 50 years after the publication of the sound recording or, in the 
absence of publication, when 50 years have passed after the sound recording was 
communicated to the public . The performing artist cannot waive his right to an a n-
nual s upplementary remuneration.  
(2) A producer of sound recordings shall make provisions for payment of the 
remuneration mentioned in subsection (1). The total amount for which a provision 
must be made must correspond to 20 percent of the producer’s revenues fo r the year 
prior to the year in which the remuneration is paid. The remuneration is calculated 
based on the producer’s revenues from reproduction of, distribution of and making 
available of the sound recording when 50  years  have passed after the pu blicatio n of  
Side 25 
the sound recording or, in the absence of publication, when 50 years have passed a f-
ter the sound recording was communicated to the public.  
(3) The remuneration shall be paid and managed by a management organis a-
tion approved by the Danish Minister for Culture.  
(4) Upon request from the performing artist or the approved management o r-
ganisation referred to in subsection (3), a producer of sound recordings shall pr ovide 
any information that may be necessary to secure payment of the annual suppleme n-
tary rem uneration.  
(5) The Danish Minister for Culture lays down detailed rules regarding the 
procedures in connection with the approval of such management organisation . 
66 c. If a performing artist has assigned his rights to the sound recording of a pe r-
formance t o a producer of sound recordings and has agreed on a right to ongoing 
remuneration, neither prepayments nor contractual deductions shall be withdrawn 
from the payments of the ongoing remuneration to the performing artist when 50 
years have passed since the  publication of the sound recording or, in the absence of 
publication, when 50 years have passed since the sound recording was communica t-
ed to the public . 
Producers of record ings of moving pictures  
67.-(1) Recordings of moving pictures may not without the  consent of the pr o-
ducer be reproduced or made available to the public until 50 years have passed from 
the end of the year in which the recording was made . If a recording of moving pi c-
tures is published or communicated to the public within this period, the  protection 
shall last until 50 years have passed after the end of the year of first publication or 
communication to the public, whichever is the earlier.  
(2) The provisions of section  2(2)-(4), section  7(1), section  11(2) and (3), sec-
tion 11 a, section  12(1), (2) (v), (3), (4) (ii) and (5), first sentence, section s 13, 15, 16 
and 16 a, section  17(1) and (4), section  18(1) and (2), section  19(1) and (2) and sec-
tions 22, 25, 25 a, 27, 28, 30 a, 31, 32 and 34, section  35(4) and (5), sections 39-47 
and 49 -52 shall apply correspondingly  to recordings  of moving pi ctures . 
(3) Notwithstanding  the provision in subsection (1), recordings  of moving pi c-
tures  broadcast by television by wireless means may be retransmitted by cable sy s-
tems and retransmitted to the public by means of radio systems when this is done 
without alterations and simultaneously with the broadcast . 
  
 
Remuneration for Use of Sound Recordings in Broadcasts on Radio and Television, 
etc. 
 
 68.(1) Notwithstanding the provisions of section 65(2 )-(4) and se ction 66(1), 
published sound recordings may be used in broadcasts on radio and television and 
for other public performances. The provision of the first sentence shall not apply to 
public performance in the form of the making available to the public of publ ished 
sound recordings in such a way that members of the public may access them from a  
Side 26 
place and at a time individually chosen by them, cf. the second division of section 
2(4)(i).  
(2) Performing artists and producers of sound recordings shall be entitled to 
remuneration. The claim for remuneration may be made only through a joint organ i-
sation approved by the Minister for Culture, which comprises performers as well as 
producers of sound recordings. If agreement can not be made on the size of rem u-
neration, e ach party is entitled to bring the dispute before the Copyright License Tr i-
bunal, cf. § 47.  
(3) The Minister for Culture stipulates detailed provisions on the procedure for 
approval of the joint organisation, mentioned in subsection (2).  
  (4) The provisio ns of subsections (1) and (2) shall not apply to broadcasts on 
television and other public performances of cinematographic works if sound and 
images are broadcast or performed simultaneously.  
 (5) When the user of a sound recording in relation to this prov ision does not 
pay the remuneration set out in the parties license agreement or by the decision of 
the Copyright License Tribunal, judgement can be obtained, stating that the said 
exploitation only can be done with the consent of the author, until remunera tion 
have been paid.  
 
Broadcasters  
 
 69.(1) A radio or television broadcast may not without the consent of the 
broadcaster be rebroadcast by others or in any other manner be performed in pu blic. 
Neither may the broadcast without consent be photographed o r recorded on tape, 
film or any other device by means of which it can be reproduced.  
 (2) Where a broadcast is photographed or recorded as mentioned in subse ction 
(1), it must not without the consent of the broadcaster be copied or made available to 
the pu blic until 50 years have elapsed after the end of the year in which the broa d-
cast took place.  
 (3) The provisions of section 2(2) -(4), section 7(1), 11(2) and (3), se ction 11 a, 
section 12(1), (2)(v), (3), (4)(ii) and (5) first sentence, sections 15 -16 a, section 
17(1) and (2), section 19(1) and (2), sections 21, 22 and 25 and 25 a, section 27(1) 
and (3) and sections 28, 31, 32 and 39 -46 a shall apply correspondingly to radio and 
television broadcasts.  
 
Producers of Photographic Pictures  
 
 70.(1) The person who produces a photographic picture (the photographer) 
shall enjoy the exclusive right to make copies of it and make it available to the pu b-
lic. 
 (2) The rights in a photographic picture shall last until 50 years have elapsed 
from the end of the year in wh ich the picture was taken.  
 (3) The provisions of section 2(2) -(4), sections 3, 7, 9, 11 and 11 a, section 
12(1), (2)(v) and (3), sections 13 -16 b, section 17(1) and (4), section 18(1) and (2), 
section 19(1) and (2), sections 20, 21 and 23, section 24(1) a nd (2), sections 24 a, 
25, 25 a, 27, 28, 30 -31, 34, 35, 39 -47, 49 -58 and sections 60 -62 shall apply corr e- 
Side 27 
spondingly to photographic pictures. If a photographic picture is subject to cop yright 
according to section 1, this right may also be exercised.  
 
Produ cers of Catalogues, etc.  
 
 71.(1) The person who produces a catalogue, a table, a database or the like, in 
which a great number of items of information has been compiled, or which is the r e-
sult of a substantial investment, shall have the exclusive right t o control the product 
in question as a whole or an essential part thereof by making copies of it and by 
making it available to the public.  
(2) The provision of subsection (1) shall apply correspondingly to a reproduction or 
making available to the public o f insubstantial parts of the contents of a cat alogue, a 
table, a database or the like, which is made r epeatedly and systematically, if the said 
acts may be equalled to acts which conflict with normal exploitation of the products 
in question or which unreas onably prejudice the legitimate interests of the producer.  
 (3) If products of the nature mentioned in subsection (1) or parts thereof are 
subject to copyright or other protection, such rights may also be exercised.  
 (4) The protection according to subsect ion (1) shall last until 15 years have 
elapsed after the end of the year in which the product was produced. If a product of 
the said nature is made available to the public within this period of time, the prote c-
tion shall, however, subsist until 15 years ha ve elapsed after the end of the year in 
which the product was made available to the public for the first time.  
 (5) The provisions of section 2(2) -(4), sections 6 -9, section 11(2) and (3), se c-
tion 12(1) and (2)(iv), (4)(iii) and (5) second sentence, sectio ns 13 -17, section 18(1) 
and (2), section 19(1) and (2),section 20 -22, 25, 27, 28, 30 -32, 34 and 35, section 
36(2) and (3), section 47 and sections 49 -52 shall apply correspondingly to the cat a-
logues, tables, databases, etc., mentioned in subsection (1).  
 (6) Terms of agreement which extend the right of the producer according to 
subsection (1) in a product made public shall be null and void..  
 
Press Releases  
 
 72. Press releases supplied under contract from foreign news agencies or from 
correspondents abroad , may not without the consent of the recipient be made 
available to the public through the press, the radio or in any other similar manner 
until after 12 hours after they have been made public in Denmark.  
 
 
 
Chapter 6  
Various Provisions  
 
Protection of Title s, etc.  
 73.(1) A literary or artistic work may not be made available to the public 
under a title, pseudonym or signature likely to be confused with a work previously 
made public or with its author.   
Side 28 
 (2) Where the publication of the work made public prev iously has taken place 
less than three months prior to the publishing of the other work, the provision of 
subsection (1) shall not apply unless it may be presumed that confusion was 
intended.  
 
Signing of Works of Art  
 
 74.(1) The name or signature of the artist may not be placed on a work of art 
by others than himself without his consent.  
 (2) The name or signature of the artist may not in any case be put on a 
reproduction in such a manner that the reproduction may be confused with the 
original.  
 
Moral Ri ghts after the Expiration of Copyright  
 
 75. Although the copyright has expired a literary or artistic work may not be 
altered or made available to the public contrary to section 3(1) and (2) if cultural 
interests are thereby violated.  
 
Public Performance  of Musical Works  
 
 75 a.(1) Commercial activity whereby a representative of the owner of the 
copyright or a contractual owner of this right makes agreements on public perfo r-
mance of a musical work protected under this Act, shall be approved by the Mini ster 
for Culture. The Minister may lay down specific requirements for the approval. 
Agreements made in contravention of the first and second sentence shall be null and 
void.  
 (2) The Minister for Culture stipulates detailed provisions on the procedure for 
approval, mentioned in subsection (1).  
 (3) If an organisation, etc., approved in accordance with subsection (1) stip u-
lates unreasonable terms for consenting to the public performance of musical works, 
the Copyright License Tribunal may at request lay down the conditions for the pe r-
formance. The provisions of section 47(2), second sentence and  section 47 (3), shall 
apply corr espondingly.  
 
 
Chapter 6 a  
 
Technical Measures, etc.  
 
 75 b.  It is not permitted to market or for commercial purposes possess means 
the only purpose of which is to facilitate unlawful removal or circumvention of 
technical devices which are used to protect a computer program.  
 
 75 c.(1) It is not permitted to enable circumvention of effective technical 
measures without the consent of the  rightholder.   
Side 29 
 (2) It is not permitted to produce, import, distribute, sell, rent, advertise for 
sale or rental of or to possess for commercial purposes devices, products or 
components that  
(i) are promoted, advertised or marketed for the purpose of circum vention of 
effective technical measures;  
(ii) have only a limited commercially significant purpose or use other than to 
circumvent effective technical measures; or  
(iii) are primarily designed, produced, adapted or performed for the purpose of 
enabling or facilitating the circumvention of effective technical measures.  
 (3) The provision of subsection (2) shall apply correspondingly to services.  
 (4) The expression effective technological measures in subsections (1) and (2) 
shall mean any effective technolo gical measures that, in the normal course of their 
operation, are designed to protect works and performances and productions, etc. 
protected under this Act.  
 (5) The provisions of subsections (1) -(4) shall not apply to the protection of 
computer programs.  
 (6) The provisions of subsections (1) -(4) shall not prevent research into 
cryptography.  
 
 75 d.(1) The Copyright License Tribunal, cf. section 47(1), may, upon r e-
quest, order a rightholder who has used the effective technological measures me n-
tioned in se ction 75 c(1) to make such means available to a user which are nece ssary 
for the latter to benefit from the provisions of section 15 and 16, section 17(1) -(3), 
section 18(1) and (2), section 21(1)(ii), section 23(1) and sections 26 -28, 31 and 68. 
If the ri ghtholder does not comply with the order within 4 weeks from the decision 
of the Tribunal, the user may circumvent the effective technological measure, no t-
withstanding the provision of section 75 c(1). The provisions of the first and second 
sentences shall  apply only to users with legal access to the work or the perfor mance 
or the production, etc.  
 (2) The provision of subsection (1) shall apply only to the extent that the 
rightholder has not, by voluntary measures, including agreements with other pa rties 
concerned, ensured that the user may benefit from the provisions mentioned in su b-
section (1) notwithstanding the use of effe ctive technological measures.  
 (3) The provision of subsection (1) shall not apply to works and performan ces 
or produ ctions, etc. mad e available to the public on agreed contractual terms in such 
a way that members of the public may access them from a place and at a time ind i-
vidually chosen by them, cf. the se cond division of section 2(4)(i).  
 
 75 e.(1) It is not permitted without the c onsent of the rightholder to  
(i) remove or alter any electronic rights -management information; or  
(ii) distribute, import for distribution or communicate to the public works and 
performances or productions, etc. from which electronic rights -management 
information has been removed or altered without consent.  
 (2) The provision of subsection (1) shall apply only if the actions concerned 
are carried out by a person who knows, or has reasonable grounds to know, that by  
Side 30 
so doing he is inducing, enabling, facili tating or concealing an infringement of the 
right to a work or another performance or production, etc. protected under this Act.  
 
Chapter  6 b 
Orphan works  
Definition of an orphan work etc.  
75 f. An orphan work is defined as a work or a sound recording wher e none of 
the rightholders in such work or sound recording is identified or, even if one or more 
of the rightholders is identified, none is located despite a diligent search for the 
rightholders having been carried out and recorded, cf. section  75 j. 
75 g. Where there is more than one rightholder in a work or a sound recor ding, 
and not all of them have been identified or, even if identified, located, the work or 
sound recording may be u sed in accordance with this chapter , provided that the ide n-
tified and lo cated rightholders permit the use in so far as the rights they hold are 
concerned . 
Beneficiary organisations  
75 h. In order to achieve aims related to their public -interest missions the fo l-
lowing organisations established in Denmark may use orphan works:  
(i) Publicly accessible libraries, educational establishments and museums . 
(ii) Archives, film and audio heritage institutions.  
(iii) Public -service broadcasting organisations.  
 
Material falling within the scope of this chapter  
75 i.-(1) This chapter  applies to  
(i) works published in the form of books, journals, newspapers, magazines or 
other writings contained in the collections of the organisations mentioned in section 
75 h, (i) and (ii) first published in a country within the European Economic Area;  
(ii) cinematographic works and soun d recordings contained in the collections of 
the organisations referred to in section  75 h, (i) and (ii) first published or, in the a b-
sence of publication, broadcast in a country within the European Economic A rea and  
(iii) cinematographic works and sound r ecordings contained in the archives of 
public -service broadcasting organisations produced by such prior to 1 January 2003 
and first published or, in the absence of publication, broadcast in a country within 
the European Economic Area.  
(2) This chapter  shall a pply correspondingly  to the works and sound recor d-
ings me ntioned in subsection (1) never published or broadcast, but which have been 
comm unicated to the public by the organisations referred to in section  75 h with the  
Side 31 
consent of the rightholders. The first  sentence shall only apply if it can reaso nably be 
assumed that the rightholders would not object to the exploitation possibilities me n-
tioned in section  75 l. 
(3) This chapter shall apply correspondingly  to works and other subject -matter 
protected under sections 65-71 hereof, and which are embedded or incorp orated in 
or make up an inseparable part of the works and sound recordings me ntioned in su b-
section (1). 
Diligent search  
75 j.-(1) For the purposes of establishing whether a work or a sound recor ding 
is an o rphan work, the organisations referred to in section  75 h shall ensure that a 
diligent search is carried out for each work or sound recording prior to use. The o r-
ganisations referred to in section  75 h may have other organisations carry out such 
diligent s earch.  
(2) The diligent search shall be carried out in the country in the European Ec o-
nomic Area of first publication of the work or sound recording or, in the a bsence of 
publication, of first broadcast . If the producer of a cinematographic work has his 
headquarters or habitual residence in a country within the European Ec onomic Area, 
the diligent search shall be carried out in the country of the producer’s headquarters 
or habitual residence.  
(3) For works and sound recordings covered by section  75 i(2), the diligent 
search shall be carried out in Denmark . 
(4) For works and other subject -matter covered by section  75 i(3), the dil igent 
search shall be carried out in the country within the European Economic Area where 
the diligent search for the work containin g the embedded or incorporated work is 
carried out.  
(5) If there is evidence to suggest that relevant information on a rightholder is 
to be found in other countries, sources of information available in those other cou n-
tries shall also be consulted . 
(6) The organisations referred to in section  75 h shall maintain records of the 
diligent searches carried out by them.  
(7) In connection with the diligent search, the organisations referred to in sec-
tion 75 h shall provide the following information to the Danish Ministry of Cu lture: 
(i) The results of the diligent search.  
(ii) The use of the orphan works.  
(iii)  Any change of the orphan work status.  
(iv) Relevant contact information.  
(8) The Danish Minister for Culture lays down rules governing the content of 
the diligent search, including about the sources to consult in connection with the di l-
igent search, and governing the information which the organisations referred to in 
section  75 h are required to provide to the Danish Ministry of Culture.  
Extent of orphan wo rk status   
Side 32 
75 k. A work or sound recording which pursuant to the legislation in another 
country within the European Economic Area is considered an orphan work shall be 
considered an orphan work in Denmark as well . 
 
Permitted uses of orphan works  
75 l.-(1) In order to achieve aims related to their public -interest missions the 
organ isations referred to in section  75 h are permitted to  
(i) make the orphan work available in such a way that the public acquires a ccess 
to it at an individually chosen place and time , cf. section  2(4) (i) and  
(ii)  reproduce the orphan work for the purposes of digitisation, making avail able 
to the public, cf. (i), indexing, cataloguing, preservation or restoration.  
(2) The organisations may generate revenues in the course of the use o f orphan 
works for the exclusive purpose of covering their costs of digitising orphan works 
and making them available to the public.  
(3) When using an orphan work, the organisations shall indicate the name of 
an identified author.  
End of orphan work statu s 
75 m .-(1) If a rightholder approaches the organisation using the orphan work, 
the orphan work or sound recording in question shall cease to be orphan . 
(2) If a work ceases to be an orphan work, the rightholder has a right to r eceive 
a reasonable compensa tion from the organisation which has used the orphan work in 
accordance with the provisions of this chapter . 
 
Chapter 7  
Enforcement of the Law  
 
Penal Sanctions  
 
 76.(1) Anyone who with intent or by gross negligence  
(i) violates section 2 or section 3;  
(ii) violates sections 65, 66, 67, 69, 70 or 71;  
(iii) violates section 11(2), section 60 or sections 72 -75; 
(iv) fails to file a statement or information according to section 38(7);  
(v) fails to register or fails to disclose information to the joint organisati on accor d-
ing to section 41(1), section 42(6) and the first sentence of section 46, or fails 
to keep and hold accounts according to section 45; or  
(vi) violates regulations laid down pursuant to section 61(2)  
is liable to a fine.  
 (2) Where an intentional v iolation of the provisions mentioned in subsection 
(1)(i) and (ii) has been committed by using works, performances or productions pr o-
tected under sections 65 -71 or by distributing copies hereof among the general pu b-
lic, the punishment may under particularl y aggravating circumstances be increased  
Side 33 
to imprisonment in one year and 6 months, unless a more severe punishment is pr o-
vided by section 299 b in the penal code. Particularly aggravating ci rcumstances are 
deemed to exist especially where the offence is co mmercial, co ncerns production or 
distribution of a considerable number of copies, or where works, performances or 
productions are made available to the public in such a way that members of the pu b-
lic may access them from a place and at a time individua lly chosen by them, cf. the 
second division of section 2 (4)(i).  
 
 77.-(1) Where copies of works or of performances or productions that are pr o-
tected under sections 65 -71 have been produced outside Denmark under such ci r-
cumstances that a similar production in Denmark would have been in conflict with 
the law, anyone who with intent or by gross negligence imports such copies with a 
view to making them available to the public shall be liable to a fine.  
(2) The provision of section 76(2) shall apply correspondingly  to intentional viol a-
tions of the provision of subsection (1).  
 
 78. Anyone who with intent or by gross negligence violates section 75 b or 75 
c is liable to a fine. Anyone who with intent violates section 75 e is liable to a fine.  
 
 79. In regulations iss ued pursuant to section 16, section 31(2), section 42(4), 
section 43(2), section 44(2) and section 45(2) may be laid down a fine for violation 
of prov isions of the regulations.  
 
 80. Companies, etc. (legal persons) may be liable to punishment under the 
provisions of chapter 5 of the Criminal Code.  
 
Legal Proceedings  
 
 81.-(1) Legal proceedings in respect of violations comprised by section 76(1), 
section 77(1) or section 79 shall be instituted at the instance of the a ggrieved party.  
 (2) After the death of t he author, legal proceedings in respect of violations of 
section 3 and of the regulations laid down pursuant to section 61(2) shall, more over, 
be instituted by the author's spouse, relative in direct line of ascent or d escent, or any 
sisters or brothers.  
 (3) After the death of the author, legal proceedings in respect of violation of 
sections 3 and 73 -74 shall, moreover, be instituted by the public authorities. Howe v-
er, legal proceedings in respect of violations of section 3 may be instituted by the 
public authorities only where cultural interests must be deemed to be infringed by 
the viol ation. 
 (4) Notwithstanding the provision of subsection (1), legal proceedings shall be 
instituted by the public authorities in the event of violations of section 75.  
 (5) Legal proceedings shall be instituted by the public authorities in the event 
of viol ations of section 78, cf. section 75 b and section 75 c(2).  
 (6) Legal proceedings shall be instituted by the aggrieved party in the event of 
violations of section 78, cf. section 75 c(1) and section75 e.  
  
Side 34 
 82. Legal proceedings in respect of violations comprised by section 76(2) or 
section 77(2) shall only be instituted by request if the aggrieved party, unless public 
interests require legal proceedings.  
 
Damages and Compen sation  
 
 83.(1) Anyone who with intent or by negligence violates any of the prov i-
sions of sections 76 and 77 shall pay  
(i)  reasonable remuneration to the infringed party for the exploitation  
(ii)  damages to the infringed party for any additional damage caused by the viol a-
tion. 
 (2) When setting the damages according to subsection (1)(ii), consideration 
shall be given to such matters as the infringed party’s loss of profits and the offen d-
er’s unfair profits.  
 (3) In cases covered by subsection (1), compen sation can also be set to the 
infringed party for non -financial damage.  
 
Destruction, etc.  
 
 84.(1) The court can by sentence decide that copies infringing the right to 
works or productions protected according to sections 65 -71 shall  
(i)  be recalled from  the channels of commerce,  
(ii)  be definitively removed from the channels of commerce,  
(iii)  be destroyed or  
(iv)  be handed over to the infringed party.  
 (2) Subsection (1) applies correspondingly to materials, tools, etc. that have 
primarily been used for illegal production or application of copies of the work or the 
production.  
 (3) Measures according to subsection (1) shall be undertaken without any form 
of compensation to the offender and does not have any effect on any possible co m-
pensation to the i nfringed party. Measures shall be undertaken at the offender’s e x-
pense, unless special reasons dictate otherwise.  
 (4) In considering a request for corrective measures according to subsection 
(1) the need for proportionality between the seriousness of the infringement and the 
remedies ordered as well as the interests of third parties shall be taken into account 
by the court.  
 
Publication of Judgements  
 
 84 a. -(1) In a judgement in which someone is sentenced according to se ctions 
83 or 84, the court may upon  request decide that the judgement shall be pu blished in 
full or in part.  
 (2) The obligation to publish rests with the offender. Publication shall be a r-
ranged at the offender’s expense and in as prominent a way as can reasonably be e x-
pected 002E  
  
Side 35 
Disclosur e of Information  
 
 84 b. If customs and/or tax authorities presume a violation covered by section 
76 or 77, information relating to the presumption can be disclosed to the rightholder.  
 
 
Chapter 8  
Scope of Application of this Act  
 
Copyright  
 
 85.(1) The p rovisions of this Act concerning copyright shall apply to  
(i) works of persons who are nationals of or who have their habitual residence in 
a country within the European Economic Area;  
(ii) works first published in a country within the European Economic Ar ea, or first 
published simultaneously in a country within the European Economic Area 
and in another country;  
(iii) cinematographic works, the maker of which has his headquarters or his habit u-
al residence in a country within the European Economic Area;  
(iv) buildings situated in a country within the European Economic Area; and  
(v) works of art incorporated in a building or other structure in a country within 
the European Economic Area.  
 (2) Where subsection (1)(ii) is applied, publication shall be considered  as 
simultaneous if the work is published in a country within the European Economic 
Area within 30 days of its publishing in another country.  
 (3) The provision of section 38 shall apply to works of persons who are 
nationals of or who have their habitual r esidence in a country within the European 
Economic Area.  
 (4) The provisions of section 64 shall apply to works made public and 
publications made  by 
(i) persons who are nationals of or who have their habitual residence in a cou ntry 
within the European Econ omic Area; or  
(ii) companies having their headquarters in a country within the European 
Economic Area.  
 (5) The provisions of sections 73 -75 shall apply to any work.  
 
Other Rights  
 
 86.(1) The provisions of section 65 shall apply to  
(i) performances whic h have taken place in a country within the European 
Economic Area; and  
(ii) performances which are reproduced on sound recordings which are protected 
in accordance with the provision of subsection (2).  
 (2) The provisions of section 66 shall apply to   
Side 36 
(i) sound recordings that have taken place in a country within the European 
Economic Area;  
(ii) sound recordings that are made by persons who are nationals of or who have 
their habitual residence in a country within the European Economic Area; and  
(iii) sound recordings that are made by companies having their headquarters in a 
country within the European Economic Area.  
 (3) The provision of section 67 shall apply to  
(i) recordings of moving pictures that have taken place in a country within the 
European Econom ic Area;  
(ii) recordings of moving pictures that have been made by persons who are 
nationals of or who have their habitual residence in a country within the European 
Economic Area; and  
(iii) recordings of moving pictures that have been made by companies ha ving their 
headquarters in a country within the European Economic Area.  
 (4) The provision of section 69 shall apply to  
(i) broadcasts which have taken place in a country within the European Economic 
Area; and  
(ii) broadcasters which have their headquarter s in a country within the European 
Economic Area.  
 (5) The provision of section 70 shall apply to  
(i) photographs made by persons who are nationals of or who have their habitual 
residence in a country within the European Economic Area; and  
(ii) photographs  incorporated in buildings or structures in a country within the 
European Economic Area.  
 (6) The provision of section 71 shall apply to  
(i) catalogues, etc. made by persons who are nationals of or who have their habi t-
ual residence in a country within the  European Economic Area; and  
(ii) catalogues, etc. made by companies which have their headquarters in a country 
within the European Economic Area.  
 (7) The provisions of subsection (6) shall apply correspondingly to press 
releases as mentioned in section 7 2.  
 (8) Notwithstanding the provision of subsection (1), the provision of section 
65(1) on recording shall apply to all sound recordings of performances. 
Notwithstanding the provision in subsection (2), section 66(1) on copying shall 
apply to all sound re cordings. Notwithstanding the provisions in subsections (1) -(4), 
the provisions of section 65(2) -(4), section 66(1), section 67(1) and section 69(2) on 
the distribution of copies to the public shall apply to all performances, sound 
recordings, moving pictures recordings and radio and television broadcasts.  
 
 
 
  
Side 37 
Special Provisions on Satellite Broadcasting  
 
 87.(1) Satellite broadcasting shall be deemed to occur in Denmark if the 
programme -carrying signals intended for reception by the public under the control 
and responsibility of a broadcaster in this country are introduced into an 
uninterrupted chain of communication leading to the satellite and down towards the 
earth.  
 (2) Satellite broadcasting shall also be deemed to occur in Denmark if the 
introduction in the  chain of communication occurs in a State that is not a member of 
the European Economic Area and which does not provide the level of  protection 
provided for under Chapter II of Council Directive 93/83/EEC of 27 September 
1993 on the coordination of certain  rules concerning copyright and rights related to 
copyright applicable to satellite broadcasting and cable retransmission in the 
following cases  
(i) if the programme -carrying signals are transmitted to the satellite from an 
uplink station situated in Denma rk. The rights provided for under sections 2, 
64, and 65 -73 shall then be exercisable against the person operating the 
station;  
(ii) if there is no use of an uplink station situated in an EEA Member State and a 
broadcaster with its headquarters in Denmark has commissioned the 
introduction into the chain of communication. The rights provided for under 
sections 2, 64, and 65 -73 shall then be exercisable against the broadcaster.  
 
Application of this Act with Respect to other Countries, etc.  
 
 88.(1) The Mini ster for Culture may define more detailed rules u nder which 
the application of the provisions of this Act may be extended to other countries co n-
ditional upon reci procity.  
 (2) The Minister for Culture may also define more detailed rules under which 
the Act  may be made applicable to works first published by international 
organisations and to unpublished works that such organisations are entitled to 
publish.  
 
 
Chapter 9  
Coming into Force and Transitional Provisions  
 
 89.(1) This Act shall come into force on July 1, 1995.  
 (2) Simultaneously the following Acts shall be repealed:  
(i) Act on the Copyright in Literary and Artistic Works, cf. Consolidated Act No. 
1170 of December 21, 1994; and  
(ii) Act on the Right in Photographic Pictures, cf. Consolidated Act No . 715 of 
September 8, 1993.  
  
 90.(1) This Act shall apply also to works and performances and productions, 
etc., made before the coming into force of this Act.   
Side 38 
 (2) This Act shall not apply to acts of exploitation concluded or rights acquired 
before the c oming into force of this Act. Copies of works or of performances or 
productions etc. can still be distributed to the public and be exhibited in public if 
they have been lawfully made at a time when such distribution or exhibition was 
permitted. The provisi ons of section 19(2) and (3) shall, however, always apply to 
rental and lending carried out after the coming into force of this Act.  
 (3) If by application of the new provisions the term of protection for a work or 
a performance or a production etc. shall become shorter than according to the 
previous provisions those provisions shall appl y. The provision of section 63( 5) 
shall, however, always apply.  
 
 91.(1) The provisions of sections 54, 55, 56, and 58 shall not apply to 
agreements made before July 1, 19 95. 
 (2) The provision of section 65( 5) shall also apply to agreements made before 
July 1, 1995.  
 (3) The provisions of section 30(5) and section 87(2) shall not apply until 
January 1, 2000 to agreements made before January 1, 1995.  
 (4) The provision of s ection 59 shall not apply to computer programs produced 
before January 1, 1993.  
 (5) The provision of section 70 shall not apply to photographic pictures made 
before January 1, 1970.  
 
 92. The special privileges and prohibitions provided under older laws s hall 
remain in force.  
 
 93. This Act shall not extend to the Faeroe Islands and Greenland but may by 
Royal Ordinance be brought into full or partial operation in the Faeroe Islands and 
Greenland, subject to such modifications as required by the special con ditions 
obtaining in the Faeroe Islands and Greenland.  
 
___________________________  
 
 Act no. 1404 of 27 December 2008 to amend the Trademark Act, The Penal 
Code, the Radio and Television Broadcasting Act and various other Acts2, contains 
the following co ming into force provisions, etc.:  
 
Section 9  
 (1)This Act enters into force 1 January 2009  
 (2) (omitted)  
(3) (omitted)  
(4) (omitted)  
 
Section 10  
(1) This Act shall not extend to the Faeroe Islands and Greenland.  
                                                      
2 Section 5 of the act contains an amendment of the Copyright Act.   
Side 39 
(2) Section 1 -5 of the Act may by Royal Ordinance be brought  into ope r-
ation in full or in part in the Faeroe Islands and Greenland subject to such modific a-
tions as required by the special conditions obtaining in the Faeroe Islands and 
Gree nland.  
(3) (omitted)  
 
___________________________  
 
 Act no. 510 of 12. June 2009 to amend the Copyright Act (Implementation of 
the Se rvice Directive etc.)3 contains the following coming into force provisions etc.:  
 
Section 2  
 This Act enters into force 28 December 2009  
 
Section 3  
 This Act shall not extend to the Faeroe Islands and Gre enland, but may by 
Royal Ordinance be brought into operation for these regions subject to such modif i-
cations as required by the special conditions obtaining in the Faeroe Islands and 
Greenland.  
 
___________________________  
 
 Act no. 1269 of 16 December 200 9 to amend the Radio and Television Broa d-
cast Act and the Copyright Act (Implementation of the AVMS -directive) contains 
the following co ming into force provisions etc.:  
 
Section 3  
(1) This Act enters into force 18 December 2009  
(2) Section 90(3) of the Radio and T elevision Broadcast Act4, as drawn 
up by section 1( XXX ) is only applicable to exclusive rights transmissions, which 
have been agreed upon or which have been prolonged after this Act has entered into 
force  
(3) (Omitted)  
 
Section 4  
 
This Act shall not extend to t he Faeroe Islands and Greenland. Se ction 2 of the Act 
may by Royal Ordinance be brought into operation in full or in part for Greenland 
subject to such modifications as required by the special conditions obtaining Gree n-
land.  
___________________________  
 
                                                      
3 Section 2  of the act contains an amendment  of the Copyright Act.  
4 Section 90(3) of the Radio and Television Broadcasting Act forms the basis for section 25 a of the Copyright Act . Section 25 a concerns the use 
of short reports from events of great interest to the public.   
Side 40 
Act No. 380 of 17 April 2013 to amend the Danish Copyright Act (Extension 
of the term of protection for performing artists and producers of sound recordings, 
termination of agreement on assignment of the rights of the performing artist, the 
right of performi ng artists to an annual supplementary remuneration etc.) contains 
the fo llowing provisions on commencement etc.:  
Section 2  
(1) This Act shall come into force on 31 October 2013.  
(2) Section  1, (iii) -(v) shall apply to the rights of the performing artists  and the 
rights of producers of sound recordings existing on 1 November 2013 and created 
after this date.  
(3) Section  1, (ii) shall apply to musical works with lyrics of which at least the 
musical work or the lyrics are protected in a country within the Eu ropean Econo mic 
Area on 1 November 2013, and to musical works with lyrics created after this date. 
Section 1, (ii) shall not affect the exploitation of musical works with lyrics that has 
taken place prior to 1 November 2013.  
Section 3  
(1) Contracts for tra nsfer or assignment of the rights of a performing artist to 
the sound recording of his performance concluded prior to 1 November 2013 shall 
continue in force after the time at which the rights of the performing artist would 
have expired according to the pr ovisions previously in force. This shall apply, unless 
otherwise specifically stated in the contract.  
(2) If contracts for transfer or assignment of rights of performing artists to 
sound recordings concluded prior to 1 November 2013 entitle the performing artist 
to ongoing remuneration, such contracts may be renegotiated after a period of 50  
years  has passed after the publication of the sound recording or, in the absence of 
publication, when 50 years have passed after the sound recording was communica t-
ed to  the public.  
 
Section 4  
 
(1) This Act shall not extend to the Faroe Islands and Greenland, but may by 
Royal decree be made effective for Greenland subject to such deviations as are di c-
tated by the special circumstances of Greenland.  
 
Act No. 741 of 25 Jun e 2014 to amend the Danish Copyright Act (Certain 
permitted uses of orphan works and amendment of the extended collective licence 
provision regarding cable retransmission) includes the following provisions on 
commencement etc.:  
Section 2  
(1) This Act shall  come into force on 29 October 2014.   
Side 41 
(2) The Act shall not apply to works or other subject -matter created prior to 
the commencement of the Act but not protected by copyright at the time of co m-
menc ement of the Act.  
(3) The Act shall not affect acts carried out and rights acquired prior to 29 
October 2014.  
 
Section 3  
 
(1) This Act shall not extend to the Faroe Islands and Greenland, but may by 
Royal decree be made effective for Greenland subject to such deviations as are di c-
tated by the special circumstances of Greenland.  
The Danish Ministry of Culture, 23 October 2014  
Marianne Jelved  
/ Bente Skovgaard Kristensen