Denmark has implemented the Temporary acts of reproduction (Art. 5.1 InfoSoc) exception in § 11a of the Copyright Act. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for the making of temporary copies, which are transient or incidental and which are an integral and essential part of a technical process for the sole purpose of enabling a transmission of a work in a network between third parties by an intermediary, or a lawful use of a work, and which have no independent economic significance.
Implementation details:
Beneficiaries:
- intermediaries (transmission between third parties in a network)
- any user (lawful use)
Purposes:
- transmission in a network between third parties
- other lawful use
Usage:
- temporary acts of reproduction
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
- photographic pictures
- press publications
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- temporary acts of reproduction must be transient or incidental
- temporary acts of reproduction must constitute an integral and essential part of a technical process
- temporary acts of reproduction must have no independent economic significance
Introduced/last updated: 17 December 2002
Remarks: § 11a of the Copyright Act applies also to performances (§ 65(6) of the CA); sound recordings (§ 66(2) of the CA); film fixations (§ 67(2) of the CA), broadcasts (§ 69(3) of the CA), photographic pictures (§70 (3) of the CA) and press publications (§ 69a(5) of the CA - added with the ammendment of 3 June 2021).