Denmark has implemented the Reporting by the press on current events (Art. 5.3(c) 2nd part InfoSoc) exception in §23(2) and §25 of the Copyright Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

§23(2) of the CA allows for the use of works of art that have been made available to the public, in newspapers and periodicals in connection with the reporting of current events in accordance with proper usage and to the extent required for the purpose. This provision does not apply to works produced with a view to use in newspapers or periodicals. § 25 of the CA allows for the inclusion of a performance or an exhibition of a work which is part of a current event, in film, radio or television, to the extent the work forms a natural part of the reporting of the current event.

Implementation details:

Beneficiaries:

• any user

Purposes:

• reporting of current events

Usage:

• use (of a work of art in newspapers and periodicals)
• inclusion (of a performance or an exhibition of a work which is part of a current event, in film, radio or television)

Subject Matter:

• works of art (except for works produced with a view to use in newspapers or periodicals) (§23(2) of the CA)
• performances or an exhibition of a work (§25 of the CA)
• phonograms (§25 of the CA)
• film fixations (§25 of the CA)
• broadcasts (§25 of the CA)
• photographic pictures (both §23(2) and §25 of the CA)
• press publications (§25 of the CA)

Compensation:

• no compensation required

Attribution:

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

Other Conditions:

• works of art used under §23(2) of the CA must have been made available to the public
• use under §23(2) of the CA must be in accordance with proper usage and to the extent required for the purpose
• use under §23(2) of the CA does not apply to works produced with a view to use in newspapers or periodicals
• the subject-matter used under §25 of the CA must be part of a current event
• the subject-matter under §25 of the CA may be used to the extent it forms a natural part of the reporting of the current even

Introduced/last updated: 01 January 1970

Remarks: § 25 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). However, § 23 only applies to 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.