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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 2023-6:1/7 [DK] Developments in the Danish media business 2020-23

Every year the Danish Producers’ Association draws up a report on turnover, employment and export for various parts of the media business, based on figures from Statistics Denmark. A new report from 22 May 2023 “Dansks Indholdsproducenter 2023” [Danish content producers 2023] analyses the state of things in 2021: - For the second consecutive year, sales by the media business reached almost DKK 8.5 billion (EUR 1.1 billion). It is largely the gaming industry that drives this economic development with a turnover of more than DKK 3 billion (EUR 0.4 billion) in 2021. - Danish...

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...

IRIS 2023-4:1/26 [DK] On 15 February 2023 the European Commission referred Denmark, along with a handful of other member states, to the CJEU for failing to transpose the DSM Directive

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...