Denmark has implemented the Use for the benefit of people with a disability (Art. 5.3(b) InfoSoc) exception in § 17 of the Copyright Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the use and distribution of copies of published works (except for sound recordings of literary works or use that consists solely of sound recordings of musical works), if the use and the distributed copies are specifically intended for the blind, visually impaired, the deaf and sufferers from speech impediments, as well as persons who on account of handicap are unable to read printed text. The provision does not apply to the use or distribution of copies for commercial purposes. Sound recordings of published literary works may be used and distributed, against remuneration, for the use by visually impaired persons and visually challenged readers if this is not done for commercial purposes.

Implementation details:

Beneficiaries:

• any user

Purposes:

• specifically intended for the blind, visually impaired, the deaf and sufferers from speech impediments, as well as persons who on account of handicap are unable to read printed text
• non-commercial

Usage:

• use and distribution of copies

Subject Matter:

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

Compensation:

• no remuneration (for use and distribution of copies of published works)
• fair remuneration (for the use of sound recordings of published literary works)

Attribution:

• the source shall be indicated in accordance with the requirements of proper usage

Other Conditions:

• copies used must be of published works

Introduced/last updated: 17 December 2002

Remarks: Use by government or municipal institutions and other social or non-profit institutions for the benefit of visually handicapped and hearing-impaired persons, by means of sound or visual recordings of copies of works broadcast on the radio or television, is subject to collective licensing.

§ 17 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).

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.