Denmark has implemented the Use for public security purposes (Art. 5.3(e) InfoSoc) exception in § 28 of the Copyright Act. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows for the use of works in connection with (i) judicial proceedings and proceedings before administrative tribunals, etc., and (ii) proceedings within public authorities and institutions under Parliament, to the extent justified by the purpose.
Implementation details:
Beneficiaries:
- any user
Purposes:
- for the purpose of judicial proceedings and proceedings before administrative tribunals, as well as proceedings within public authorities and institutions under Parliament
Usage:
- any use
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
- photographic pictures
- press publications
Compensation:
- no compensation required
Attribution:
- the source shall be indicated in accordance with the requirements of proper usage
Other Conditions:
- use is limited to the extent justified by the purpose
Introduced/last updated: 17 December 2002
Remarks: § 28 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).
According to §11 of the CA, where a work is used under an exception or limitation, it may not be altered more extensively than is required for the permitted use. As a general rule, if the work is used publicly, the source shall be indicated in accordance with the requirements of proper usage.
