Denmark has implemented the Use for advertising the exhibition or sale of works of art (Art. 5.3(j) InfoSoc) exception in § 24(1) of the Copyright Act. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for the reproduction of works of art included in a collection, or exhibited, or offered for sale in catalogues of the collection. Such works of art may also be used in notices of exhibitions or sale, including in the form of communication to the public.
Implementation details:
Beneficiaries:
- any user
Purposes:
- use in catalogues, notices of exhibitions or sale
Usage:
- reproduction
- communication 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
Other Conditions:
- works of art used must be included in a collection, or exhibited, or offered for sale in catalogues of the collection
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.