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IRIS 2024-6:1/8 [DK] Danish Act on Cultural Contribution now enacted after second round and some adjustments following the EU Commission’s comments

On 19 December 2023 the Danish Parliament passed a bill on the contribution of certain media service providers to the promotion of Danish culture (the Act on Cultural Contribution). However, due to a procedural irregularity, the EU Commission had not been notified of the legislation in time; the bill did not therefore receive royal assent, and the legislative process had to be repeated. Consequently, a bill for the Act on Cultural Contribution was sent for a second round of public hearings with a deadline of 1 March 2024; it was presented in parliament on 12 April, then presented to the...

IRIS 2024-2:1/22 [DK] Danish Act on Cultural Contribution stipulating a 2% revenue payment for VOD service providers, plus an additional 3% if investment in new Danish content is below 5%

On 19 December 2023 the Danish Parliament passed a bill on Certain Media Service Providers’ Contribution to Promote Danish Culture (the Act on Cultural Contribution). However, due to a procedural irregularity, the EU Commission had not been notified of the legislation in time, which is why the bill did not receive Royal Assent, and the legislative process must be repeated. According to the Act, providers of on-demand audiovisual media services must make an annual payment to the Danish state of 2% of their turnover in Denmark stemming from the on-demand service and an additional 3% if...

IRIS 2024-1:1/11 [DK] Extended collective licensing for text and data mining (AI)

On 1 June 2023 – about two years late – the Danish Parliament passed a bill to implement the Digital Single Market (DSM) Directive in full. This led to the introduction of such things as new rules on text and data mining in sections 11b and 11c of the Danish Copyright Act, equivalent to DSM Directive Articles 3 and 4 (where section 11c corresponds to Article 3 and section 11b to Article 4). There was no provision in the Danish rules, nor any indication in the legislative history, regarding extended collective licensing in connection with text and data mining, often referred to as...

IRIS 2023-8:1/30 [DK] Possible extended collective licence for text and data mining

In the spring of this year Denmark was in a hurry to implement the DSM Directive, as fines had been imposed for each day of late implementation (which should have taken place in June 2021). Thus, on 10 March 2023, a proposal for a draft bill was sent out for consultation, with a deadline for comments set to 11 April; on 3 May a revised proposal for a draft bill amending the Danish Copyright Act to implement the Directive was introduced to the parliament, with entry into force on 1 July 2023. In a revised bill of 30 May, this date was, however, amended so that the bill would enter into force as...

IRIS 2023-6:1/12 [DK] Transposition of the DSM Directive soon to be completed and with emphasis on extended collective licensing

In February 2023 the European Commission referred Denmark, together with a handful of other member states, to the Court of Justice of the European Union for failing to transpose the Directive on Copyright in the Digital Single Market (the DSM Directive) – Denmark had only implemented part of the Directive in time, namely Articles 15 and 17. Denmark was therefore under pressure to act quickly and, on 10 March 2023, a proposal for a draft bill was issued for consultation, with a deadline of 11 April 2023 for comments on the proposal. On 3 May 2023, a revised proposal for a draft bill...