Denmark has implemented the Use for the purpose of research or private study (Art. 5.3(n) InfoSoc) exception in § 16a of the Copyright Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the making available, by public archives, public libraries and other libraries that are financed in whole or in part by the public authorities, as well as State-run museums and museums that have been approved in accordance with the Museums Act, of published works to individuals for personal viewing or study on the spot at the institution by means of technical equipment. Copies that are made or deposited pursuant to the Act on Legal Deposit may only be made available at the Royal Library, the State and University Library and the Danish Film Institute to individual persons. These institutions may communicate and hand over legal deposited copies of works that have been broadcast on radio and television, films and works published on electronic communication networks, for research purposes, if the work cannot be acquired through general trade. Such copies may not be used in any other way.

Implementation details:

Beneficiaries:

• public archives, public libraries and other libraries that are financed in whole or in part by the public authorities, as well as State-run museums and museums that have been approved in accordance with the Museums Act

Purposes:

• for personal viewing or study of private persons
• research

Usage:

• making available (on the spot at the institution by means of technical equipment)
• communication to the public
• distribution

Subject Matter:

• works
• performances
• phonograms
• film fixations
• broadcasts
• photographic pictures
• press publications

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• works used must be published works
• copies that are made or deposited pursuant to the Act on Legal Deposit may only be made available at the Royal Library, the State and University Library and the Danish Film Institute and communicates and handed over if the work cannot be acquired through general trade
• legal deposited copies of works can be used if they have been broadcast on radio and television, films and works published on electronic communication networks

Introduced/last updated: 09 December 2003

Remarks: § 16a of the Copyright Act applies also to performances (art.65(6) of the CA); sound recordings (art.66(2) of the CA); film fixations (art.67(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).