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The much-debated Directive on Copyright in the Digital Single Market (the DSM Directive), which impacts authors, online platforms and internet users, was due to be implemented in the EU by 7 June 2021. As a result of the COVID pandemic, which took up many resources, an election, and the long process of forming a new government (which was finally agreed in December 2022) Denmark was unable to meet this deadline. Denmark did however transpose part of the DSM Directive in time: The Danish Ministry of Culture had divided implementation of the DSM Directive into two parts. The first part...

The Audiovisual Media Services Directive (AVMSD) provides the basis for EU member states’ efforts to ensure that media services in their jurisdictions contribute to equality and accessibility. Thus, the AVMSD allows a member state to impose financial obligations on media service providers (linear and non-linear) established in both their territory and in other member states that target its territory. The European Audiovisual Observatory’s May 2022 report “Investing in European works: the obligations on VOD providers” describes...

On 19 May 2022, the Danish Eastern High Court delivered a much awaited judgment in a dispute between the Danish organisation that administers the funds allocated to compensation for private copying, Copydan KulturPlus, and the Danish Ministry of Culture. The Danish levy scheme on compensation for private copying previously comprised DVDs, USBs and storage media that was detachable from devices with a digital reproduction function, but not built-in storage media such as internal memories of smartphones, tablets and computers. In a preliminary ruling in a national case between Copydan and...

On 3 June 2021 Denmark passed a bill in parliament, whereby the DSM directive Article 15 on press publications and Article 17 on online content-sharing service providers plus the SatCabII directive are implemented in the Danish Copyright Act. The key concept of the new legislation is rights clearance. Going further than the SatCabII directive, the new legislation also introduces a possibility of clearing rights via extended collective licensing when TV distributors and other third parties redistribute independent streaming services, i.e. non-broadcaster streaming services, such as Netflix, HBO...

After a short public hearing on 26 March 2021, a bill was introduced in parliament which implements in Danish law Articles 15 and 17 of the Directive 2019/790 on copyright and related rights in the Digital Single Market (DSM Directive) as well as the Directive 2019/789 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes (SatCab II Directive). The bill’s keyword is rights clearance. Going further than the SatCab II Directive, the bill...