Denmark

Owned by Ariadna
Last updated: Apr 30, 2024
3 min read

Overview

‘Other photographs’ related rights

Yes

Overview

Article 14 was implemented along with other remaining parts of the DSM Directive by June 1, 2023. In March 2023, the new Minister of Culture Jakob Engel-Schmidt had put forward a bill with the remaining contents of the Directive, because the EU sued Denmark for delayed implementation. The Directive should have been implemented by June 2021, but among other things COVID-19 led to a significant delay. A broader revision of Danish copyright law is planned for 2024. 

 

Upon putting forward the bill, the Minister of Culture said: "It is good news for the artists that, as a result of the new rules, they will in future have better cards in their hands when they have to negotiate agreements, and it is good for all of us that we will have better access to knowledge and to our cultural heritage. The bill however, is only the first step towards securing a more modern copyright. I know that the arts and cultural life has many wishes for copyright legislation, and those proposals will receive the careful treatment they deserve and may be included in a later bill."

Scope

 

Retroactivity

Remains unclear. Clarifications from the Ministry of Culture awaited.

Statutory Law

Source language

English

Provision on copyright 

 

 

Revised provision on copyright 

 

 

Comments / analysis

 

Provision on related rights for “other photographs”

§ 70. Den, som fremstiller et fotografisk billede (fotografen), har eneret til at råde over billedet ved at fremstille eksemplarer af det og ved at gøre det tilgængeligt for almenheden.

Stk. 2. Retten til et fotografisk billede varer, indtil 50 år er forløbet efter udgangen af det år, da billedet blev fremstillet.

Stk. 3. Bestemmelserne i § 2, stk. 2-4, §§ 3, 7, 9, 11 og 11 a, § 12, stk. 1, stk. 2, nr. 5, og stk. 3, §§ 13-16 b, § 17, stk. 1 og 4, § 18, stk. 1 og 2, § 19, stk. 1 og 2, §§ 20, 21 og 23, § 24, stk. 1 og 2, og §§ 24 a, 25, 25 a, 27, 28, 30-31, 34, 35, 39-47, 49-58 og 60-62 finder tilsvarende anvendelse på fotografiske billeder. Er et fotografisk billede genstand for ophavsret efter § 1, kan denne også gøres gældende.

§ 70. The person who produces a photographic image (the photographer) has the exclusive right to dispose of the image by producing copies of it and by making it available to the public.

Part. 2. The right to a photographic image lasts until 50 years have passed after the end of the year in which the image was produced.

Part. 3. The provisions in section 2, subsection 2-4, §§ 3, 7, 9, 11 and 11 a, § 12, subsection 1 piece. 2, no. 5, and subsection 3, §§ 13-16 b, § 17, subsection 1 and 4, § 18, subsection 1 and 2, § 19, subsection 1 and 2, §§ 20, 21 and 23, § 24, subsection 1 and 2, and §§ 24 a, 25, 25 a, 27, 28, 30-31, 34, 35, 39-47, 49-58 and 60-62 apply correspondingly to photographic images. If a photographic image is the subject of copyright according to § 1, this can also be asserted.

Revised provision on related rights for “other photographs” 

§ 70.

Stk. 4. Beskyttelsen i stk. 1 gælder ikke, hvis hovedmotivet for det fotografiske billede udgør et billedkunstværk, hvor beskyttelsestiden er udløbet. 

Art 70 Copyright law

Part. 4. The protection in subsection 1 does not apply if the main motif of the photographic image constitutes a work of art for which the protection period has expired.

Comments / analysis

  • Object of protection: Photographs which are not a photographic work (lack of originality).

  • Type of protection: Reproduction and making available to the public. Moral rights of attribution and integrity.

  • Duration: 50 since the picture was taken.

Takeaways

Limitations for CHIs

 

Reflections

SMK’s consultation response proposed two main changes re. Art 14:

  1. expanding works of visual art to works of art (billedkunstværker > kunstværker) inspired by the Swedish implementation. 

  2. stating clearly that the new limitation to photographic rights would instantly step into function, also retroactively, for all reproductions of PD works in CHIs etc.  

None of these propositions are reflected in the final implementation. However, the Ministry of Culture has stated that they deliberately chose to implement the directive as close to the original text as possible in order to secure a quick and correct implementation (given the pending EU lawsuit). The Ministry also stated that the implementation is only the first step in a wider revision and update of Danish copyright law to follow the technological development, not least in terms of AI. The Ministry plans to consult each institution that provided consultation responses to discuss their suggestions in more detail.

Sources

Open GLAM Examples