Denmark has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in § 31 of the Copyright Act. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows for broadcasters, for the purpose of their broadcasts, to 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 Minister for Culture may lay down rules on the conditions to make such recordings and on their use and storage.
Implementation details:
Beneficiaries:
- broadcasters
Purposes:
- for the purpose of beneficiaries' own broadcasts
- storage
Usage:
- reproduction (on tape, film, or any other device that can reproduce works)
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
- photographic pictures
- press publications
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- beneficiaries must have the right to broadcast the works used
Introduced/last updated: 09 December 2003
Remarks: § 31 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).
