Denmark has implemented the Temporary acts of reproduction (Art. 5.1 InfoSoc) exception in § 11a of the Copyright Act. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the making of temporary copies, which are transient or incidental and which are an integral and essential part of a technical process for the sole purpose of enabling a transmission of a work in a network between third parties by an intermediary, or a lawful use of a work, and which have no independent economic significance.

Implementation details:

Beneficiaries:

  • intermediaries (transmission between third parties in a network)
  • any user (lawful use)

Purposes:

  • transmission in a network between third parties
  • other lawful use

Usage:

  • temporary acts of reproduction

Subject Matter:

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

Compensation:

  • no compensation required

Attribution:

  • no attribution required

Other Conditions:

  • temporary acts of reproduction must be transient or incidental
  • temporary acts of reproduction must constitute an integral and essential part of a technical process
  • temporary acts of reproduction must have no independent economic significance

Introduced/last updated: 17 December 2002

Remarks: § 11a of the Copyright Act applies also to performances (§ 65(6) of the CA); sound recordings (§ 66(2) of the CA); film fixations (§ 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).