Denmark has implemented the Incidental inclusion (Art. 5.3(i) InfoSoc) exception in § 23(3) of the Copyright Act. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows for the use of published works of art or copies of works of art that have been transferred to others by the author, in newspapers, periodicals, films and television if the use is of subordinate importance in the context in question.
Implementation details:
Beneficiaries:
- any user
Purposes:
- not specified (the use must be of subordinate importance in the context in question)
Usage:
- use (in newspapers, periodicals, films and television)
Subject Matter:
- works of art
- photographic pictures
Compensation:
- no compensation required
Attribution:
- the source shall be indicated in accordance with the requirements of proper usage
Other Conditions:
- works of art used must be published
- copies of works of art used must have been transferred to others by the author
Introduced/last updated: 01 January 1970
Remarks: § 23 of the Copyright Act does not apply to neighbouring rights except to 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.
