Denmark has implemented the Private copying (Art. 5.2(b) InfoSoc) exception in § 12 of the Copyright Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the making, for private purposes, of single copies of works which have been made public if this is not done for commercial purposes. The provision expressly excludes: (i) constructing works of architecture; (ii) making a copy of a work of art by casting, by printing from an original negative or base, or in any other manner implying that the copy can be considered as an original; (iii) making copies of computer programs in digitized form; (iv) making copies in digital form of databases if the copy is made on the basis of a reproduction of the database in digital form; or (v) making 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 themself or their household. The exception also does not entitle the user to make copies of musical works and cinematographic works by using technical equipment made available to the public in libraries, on business premises, or in other places accessible to the public. The same applies for literary works if the technical equipment has been provided for commercial purposes. It is also not permitted to produce copies in digital form on the basis of a copy that has been lent or hired.

Implementation details:

Beneficiaries:

• any user

Purposes:

• private, non-commercial purposes

Usage:

• reproduction (of single copies)

Subject Matter:

• works
• performances
• phonograms
• film fixations
• broadcasts
• photographic pictures
• press publications

Compensation:

• fair compensation required (arts 39 to 46a of the CA)

Attribution:

• no attribution required

Other Conditions:

• use must be limited to the making of single copies
• works used must have been made public
• the use must be personal. The provision 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
• expressly excluded are (i) construction of works of architecture; (ii) making a copy of a work of art by casting, by printing from an original negative or base, or in any other manner implying that the copy can be considered as an original; (iii) making copies of computer programs in digitized form; (iv) making copies in digital form of databases if the copy is made on the basis of a reproduction of the database in digital form; or (v) making 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 themself or their household; (vi) making of copies of musical works and cinematographic works by using technical equipment made available to the public in libraries, on business premises, or in other places accessible to the public; (vii) making copies of literary works if the technical equipment has been provided for commercial purposes; (viii) making copies in digital form on the basis of a copy that has been lent or hired

Introduced/last updated: 09 December 2003

Remarks: § 12 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).