Denmark has implemented the Use of works of architecture or sculptures in public spaces (Art. 5.3(h) InfoSoc) exception in § 24 (2) and (3) of the Copyright Act. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows for the reproduction in pictorial form and then making available to the public of works of art if they are permanently situated in a public place or road, unless the work of art is the chief motif and its reproduction is used for commercial purposes. Buildings can be freely reproduced in pictorial form and then made available to the public.
Implementation details:
Beneficiaries:
- any user
Purposes:
- not specified (work of art must not be the chief motif of the reproduction)
- for non-commercial purposes
Usage:
- reproduction (in pictorial form)
- making available to the public
Subject Matter:
- works of art (permanently situated in a public place or road)
- buildings
Compensation:
- no compensation required
Attribution:
- the source shall be indicated in accordance with the requirements of proper usage
Introduced/last updated: 01 January 1970
Remarks: §24 of the Copyright Act does not apply to neighbouring rights except for photographic pictures (§70 (3) of the CA).
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.
