Denmark has implemented the Use for the purpose of caricature, parody or pastiche (Art. 5.3(k) InfoSoc) exception in § 52c(10) of the Copyright Act. The national exception is much more restrictive than the EU exception.
Implementation summary:
This exception allows for users of online content-sharing services to upload and make available on the online content- sharing services user-generated content containing works and objects to neighbouring rights for the purposes of caricature, parody or pastiche.
Implementation details:
Beneficiaries:
- users of online content-sharing services
Purposes:
- caricature, parody or pastiche
Usage:
- upload (to online content-sharing services)
- make available (on online content-sharing services)
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
- press publications
Compensation:
- no compensation required
Attribution:
- the source must be indicated in accordance with the requirements of proper usage
Introduced/last updated: 03 June 2021
Remarks: Until 2021 no parody exception existed in Denmark. With the ammendment of 3 June 2021 the exception was implemented strictly in the scope of art. 17(7) of the CDSM Directive.
According to §11(2) of the CA, where a work is used in accordance with an exception, the work may not be altered more extensively than is required for the permitted use. If the work is used publicly, the source shall be indicated in accordance with the requirements of proper usage.
