Denmark
Status
In progress
Explanatory note re status
The Danish Ministry of Culture has divided implementation into two parts. The first part consists of the implementation of article 15 and 17. The Danish Minister for Culture introduced the legislative proposal implementing article 15 and 17 on 26th March 2021. The legislation was adopted on 4 June 2021 and came into force on 7 June 2021.
The remaining parts of the DSM Directive were to be included in a subsequent legislative proposal on this summer of 2022. However, the process has been delayed. The Danish Ministry of Culture expects to provide a legislative proposal regarding the remaining parts by Q4 2022. Thereafter, the legislative is expected to be proposed before the Parliament in January 2023 and included in a subsequent legislation on 1 July 2023.
Implementation Act
N/A
(Envisaged) Implementation Date
7 June 2021 for the implementation of article 15 and 17
Approach to Implementation
Amendments to existing law
Next steps
The Danish implementation procedure for article 15 and 17 has concluded. The remaining parts of the DSM Directive will be included in a subsequent legislative proposal. These include the rules on exoneration of performers and authors in Article 18 of the DSM Directive, which have not yet been implemented in Danish law. The DSM Directive introduces, among other things, provisions that authors and performers must be guaranteed an adequate and proportionate remuneration as well as the possibility to adjust the remuneration.
Noteworthy points arising from legislative changes
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Articles 3 & 4: The Text and Data Mining Exceptions
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Article 15: The Press Publishers' Right
The legislative proposal is drawn up close to the wording and structure of the DSM directive. It is proposed in the legislative proposal that an extended collective agreement licence is introduced, so that the rights can be cleared collectively with a collective rights organization that includes a significant part of the authors of the works used in press publications. However, the individual press publisher or the copyright owner can opt out, resulting in that the said press publisher or copyright owner is not being covered by the extended collective agreement license. It is further proposed that the Danish Copyright License Tribunal is given competence to decide on whether the collective rights organization imposes unreasonable conditions for entering into an agreement. It is proposed that the tribunal can determine the terms, including the remuneration. Additionally, if the negotiations between the parties regarding an extended collective agreement license don't lead to any result, each of the parties may demand mediation.
Article 17: Platform Liability Provisions
The legislative proposal is drawn up close to the wording and structure of the DSM directive.
Chapter 3 Overview
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Article 18:
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Article 19: Transparency Obligations
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