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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...

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...

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...