Denmark has implemented the Reproductions by Libraries, Archives & Museums (Art. 5.2(c) InfoSoc) exception in § 16 of the Copyright Act. The national exception is much more restrictive than the EU exception.

Implementation summary:

This exception allows for 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, to make copies for the purpose of back-up and preservation. Also if a copy in an institution’s collection is incomplete or missing, the institution may make copies of the missing parts or the whole work, unless the work can be acquired through general trade or from the publisher. Beneficiaries can use and distribute said copies in their activities if this is not done for commercial purposes.

Implementation details:

Beneficiaries:

• 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

Purposes:

• back-up and preservation
• maintaining the institution’s collection
• non-commercial purposes

Usage:

• reproduction (by analogue means)
• distribution

Subject Matter:

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

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• use is limited to cases where a copy in an institution’s collection is incomplete or missing, unless the work can be acquired through general trade or from the publisher
• use is de facto limited to analogue reproduction

Introduced/last updated: 09 December 2003

Remarks: Although bot expressly stated, the provision of §16 seems to cover analogue reproduction only, since some instances of digital reproduction are subject to collective licensing as per §16b, according to which 'Public libraries and other libraries financed in whole or in part by the public authorities may upon request in digital form reproduce articles from newspapers, 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 license according to section 50 have been met. 'Art.16 of the Copyright Act applies also to performances (art.65(6) of the CA); sound recordings (art.66(2) of the CA); film fixations (art.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).