Denmark has implemented the Use during religious or official celebrations (Art. 5.3(g) InfoSoc) exception in § 21 of the Copyright Act. The national exception is much more restrictive than the EU exception.

Implementation summary:

This exception allows for the performance in public of published works (except for dramatic works or cinematographic works) on occasions when the audience is admitted free of charge and the performance is not the main feature of the event and where the event does not occur for commercial purposes; or where the performance occurs in the case of divine services or educational activities. The provision expressly excludes the use of recordings and broadcasts of divine services or educational activities as well as performances in educational activities which occur for commercial purposes.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • for free of charge events where the performance is not the main feature of the event or
  • for religious services or educational activities
  • non-commercial purposes

Usage:

  • public performance

Subject Matter:

  • works (except for dramatic works or cinematographic works)
  • performances
  • phonograms
  • 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:

  • works used must be published

Introduced/last updated: 01 January 1970

Remarks: Nothwithstanding para 2 of §21, according to which the provision of subsection (1)(ii) does not apply to performances on radio or television, it refers to performances (§ 65(6) of the CA); sound recordings (§ 66(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.