Receba no seu e-mail

Voltar

Leis no mundo

Dinamarca 2

CONSOLIDATED ACT ON COPYRIGHT 2003*
- Consolidated Act No. 164 of March 12, 2003

The Act on Copyright, cf. Consolidated Act No. 618 of June 27, 2001, as amended by Act No. 1051 of December 17, 2002, is hereby promulgated.


Chapter 1 - Subject Matter and Scope of Copyright

Protected Works
     1.–(1) The person creating a literary or artistic work shall have copyright therein, be it expressed in writing or in speech as a fictional or a descriptive representation, or whether it be a musical or dramatic work, cinematographic or photographic work, or a work of fine art, architecture, applied art, or expressed in some other manner.
     (2) Maps and drawings and other works of a descriptive nature executed in graphic or plastic form shall be considered as literary works.
     (3) Works in the form of computer programs shall be considered as literary works.

Scope of Protection
     2.–(1) Within the limitations specified in this Act copyright implies the exclusive right to control the work by reproducing it and by making it available to the public, whether in the original or in an amended form, in translation, adaptation into another literary or artistic form or into another technique.
     (2) Any direct or indirect, temporary or permanent reproduction, in whole or in part, by any means and in any form shall be considered as reproduction. The recording of the work on devices which can reproduce it, shall also be considered as a reproduction.
     (3) The work is made available to the public if
(i)      copies of the work are offered for sale, rental or lending or distribution to the public in some other manner;
(ii)      copies are exhibited in public; or
(iii)      the work is performed in public.
     (4) Public performance within the meaning of subsection (3)(iii) shall include
i)      communication to the public of works, by wire or wireless means, including broadcasting by radio or television and the making available to the public of works in such a way that members of the public may access them from a place and at a time individually chosen by them; and
ii)     performance at a place of business before a large group, which would otherwise have been considered not public."

3.–(1) The author of a work shall have the right to be identified by name as the author in accordance with the requirements of proper usage, on copies of the work as well as if the work is made available to the public.
     (2) The work must not be altered nor made available to the public in a manner or in a context which is prejudicial to the author's literary or artistic reputation or individuality.
     (3) The right of the author under this section cannot be waived except in respect of a use of the work which is limited in nature and extent.

Adaptations
4.–(1) The person translating, revising or otherwise adapting a work, including converting it into some other literary or artistic form, shall have copyright in the work in the new form, but his right to control it shall be subject to the copyright in the original work.
     (2) Copyright in a new and independent work created through the free use of another work, shall not be subject to the copyright in the original work.

Composite Works
5. A person who, by combining works or parts of works, creates a composite literary or artistic work, shall have copyright therein, but the right shall be without prejudice to the rights in the individual works.

Joint Authorship
6. If a work has two or more authors, without the individual contributions being separable as independent works, the copyright in the work shall be held jointly. Each of the authors, however, may bring an action for infringement.

Copyright Holder Presumption, etc.
7.–(1) If not otherwise stated the person whose name or generally known pseudonym or signature is indicated in the usual manner on copies of the work, or where the work is made available to the public, shall be deemed to be the author.
     (2) If a work is published without the author being indicated in accordance with subsection (1), the editor, if named, and otherwise the publisher, shall act on behalf of the author until the latter is named in a new edition of the work.

Publication and Publishing
8.–(1) A work shall be considered to have been made public if it has lawfully been made available to the public.
     (2) A work shall be considered published if, with the consent of the author, copies of the work have been put on the market or otherwise distributed to the public.

Public Documents
9.–(1) Acts, administrative orders, legal decisions and similar official documents are not subject to copyright.
     (2) The provision of subsection (1) shall not apply to works appearing as independent contributions in the documents mentioned in subsection (1). Such works may, however, be reproduced in connection with the document. The right to further use shall be subject to the provisions otherwise in force.

Relation to Protection under Other Legislation
10.–(1) Protection under the Act on Designs does not preclude copyright.
     (2) Layout designs (topography) of semiconductor products are not protected under this Act, but are protected under the provisions in the Act on Protection of the Design (Topography) of Semiconductor Products.


Chapter 2 - Limitations on Copyright and Management of Rights in the Event of Extended Collective License

General Provisions
11.–(1) The provisions of this chapter do not limit the author's rights under section 3, except as provided in section 29.
     (2) Where a work is used in accordance with the provisions of this chapter, the work may not be altered more extensively than is required for the permitted use. If the work is used publicly, the source shall be indicated in accordance with the requirements of proper usage.
     (3) Where a work is used in accordance with the provisions of this chapter, copies may not be made on the basis of a reproduction of the work which is contrary to section 2 or on the basis of a circumvention of a technological measure which is contrary to section 75 c(1).

Temporary Reproduction
11 a.–(1) It is permitted to make temporary copies
i)      which are transient or incidental;
ii)      which are an integral and essential part of a technical process;
iii)      the sole purpose of which is to enable a transmission of a work in a network between third parties by an intermediary, or a lawful use of a work; and
iv)     which have no independent economic significance.
(2) The provision of subsection (1) shall not apply to computer programs and databases.

Reproduction for Private Use
12.–(1) Anyone is entitled to make or have made, for private purposes, single copies of works which have been made public if this is not done for commercial purposes. Such copies must not be used for any other purpose.
     (2) The provision of subsection (1) does not provide the right to
(i)      construct a work of architecture;
(ii)     make a copy of a work of art by casting, by printing from an original negative or base, or in any other manner implying that the copy can be considered as an original;
(iii)    make copies of computer programs in digitized form;
(iv)   make copies in digital form of databases if the copy is made on the basis of a reproduction of the database in digital form; or
(v)   make single copies in digital form of other works than computer programs and databases unless this is done exclusively for the personal use of the copying person himself or his household.
     (3) The provision of subsection (1) does not confer a right to engage another person to make copies of
(i)    musical works;
(ii)   cinematographic works;
(iii)   works of applied art; or
(iv)  works of art if the copying is in the form of an artistic reproduction.
     (4) The provision of subsection (1) does not entitle the user to make copies of musical works and cinematographic works by using technical equipment made available to the public in libraries, on business premises, or in other places accessible to the public.

Reproduction within Educational Activities
13.–(1) For the purpose of educational activities copies may be made of published works and copies may be made by recording of works broadcast in radio and television provided the requirements regarding extended collective license according to section 50 have been met. The copies thus made may be used only in educational activities comprised by the agreement presumed in section 50.
     (2) The provision of subsection (1) concerning recording shall not apply to cinematographic works which are part of the general cinema repertoire of feature films except where only brief excerpts of the work are shown in the telecast.
     (3) The provision of subsection (1) concerning reproduction of published works shall not apply to computer programs in digital form.
     (4) Teachers and students may as part of educational activities make recordings of their own performances of works if this is not done for commercial purposes. Such recordings may not be used for any other purposes.

Reproduction by Business Enterprises, etc.
14. Public or private institutions, organisations and business enterprises may for internal use for the purpose of their activities by photocopying, etc., make or have copies made of descriptive articles in newspapers, magazines and collections, of brief excerpts of other published works of a descriptive nature, of musical works and of illustrations reproduced in association with the text, provided the requirements regarding extended collective license according to section 50 have been met. Such copies may be used only for activities which are covered by the agreement presumed in section 50.

Reproduction by Hospitals, etc.
15. Hospitals, nursing homes, prisons and other 24-hour institutions within the social and welfare sector, the prison service, and similar institutions may for the brief use of the inmates and others of the institution make recordings of works broadcast on radio and television if this is not done for commercial purposes. Such recordings may be used only within the institution in question.

Reproduction within Archives, Libraries and Museums
16. The Minister for Culture may lay down rules according to which archives, libraries and museums may, on specified conditions, make single copies of works to be used for the purpose of their activities if this is not done for commercial purposes. If the copying is made by way of sound and visual recording or in digital form, the copies may not without the consent of the author be lent or in any other way be made available to the public outside the archives, libraries or museums.
     (2) Notwithstanding the provision of subsection (1), second sentence, public libraries and other libraries which are financed in whole or in part by the public authorities may upon request reproduce articles in newspapers, magazines and composite works, brief excerpts of books and other published literary works and illustrations and music reproduced inconnection with the text, provided the requirements regarding extended collective license according to section 50 have been met. The provision of subsection (1) shall not comprise broadcast by radio or television and the making available to the public of works in such a way that members of the public may access them from a place and at a time individually chosen by them, cf. the second division of section 2 (4)(i).

Reproduction for Visually Handicapped and Hearing-Impaired Persons
17.–(1) It is permitted to use and distribute copies of published works if the use and the distributed copies are specifically intended for the blind, visually impaired, the deaf and sufferers from speech impediments, and besides persons who on account of a handicap are unable to read printed text. The provision of the first sentence shall not apply to the use or distribution of copies for commercial purposes.
     (2) The provisions of subsection (1) do not apply to use which consists solely of sound recording and distribution of copies by rental to the public.
     (3) Any person who acquires a copy of works produced by others in accordance with subsection (1) may produce such copies on the basis of the acquired copy, including safety copies, which are necessary for the acquirer to use the copy in accordance with its purpose. The produced copies must not be used in any other manner. The right to use them shall lapse if the acquired copy is made available to the public. This shall not, however, apply in the case of lending and rental of acquired copies made by governmental or municipal institutions and other social or non-profit institutions.
     (4) For the purpose of lending to the blind, the visually impaired, dyslectic persons, backward readers and others unable to read ordinary books, it is permitted to make sound recordings of published works if this is not done for commercial purposes. The author shall be entitled to remuneration for such recordings.
     (5) Governmental or municipal institutions and other social or non-profit institutions may for the use of visually handicapped and hearing-impaired persons by sound or visual recording make copies of works broadcast on radio and television provided the requirements regarding extended collective license according to section 50 have been met. Such copies may be used only for the purpose of activities covered by the agreement presumed in section 50.

Production of Anthologies for Educational Use, etc.
18.–(1) Minor portions of literary works and musical works or such works of small proportions may be used in composite works compiling contributions by a large number of authors for use in educational activities, provided that five years have elapsed since the year when the work was published. In connection with the text also works of art and works of a descriptive nature, cf. section 1(2), may be used, provided that five years have elapsed since the year when the work was made public. The author shall be entitled to remuneration.
     (2) The provision of subsection (1) does not apply to works prepared for use in educational activities or if the use is for commercial purposes.
     (3) A few published songs may be freely used in song booklets produced solely for the use of participants in a particular meeting. However, no more than 300 copies of each booklet may be produced.

Distribution of Copies
19.
–(1) Where a copy of a work has been sold or otherwise transferred to others within the European Economic Area with the consent of the author the copy may be further distributed. In respect of further distribution in the form of lending or rental, the provision of subsection (1) shall also apply to sale or assignment in any other form to others outside the European Economic Area.
     (2) Notwithstanding the provision of subsection (1), copies may not be distributed to the general public through rental without the consent of the author. However, this does not apply to works of architecture and applied art.
     (3) Notwithstanding the provision of subsection (1), copies of cinematographic works and copies of computer programs in digitized form may not be distributed to the public through lending without the consent of the author. However, this does not apply if a copy of a computer program in digitized form constitutes a part of a literary work and is lent together with it.
     (4) The provision of subsection (1) shall not carry any limitation in the right to receive remuneration etc., under the Act on Public Lending Right Remuneration.

Exhibition of Copies
20.
Where a work has been published or if a copy of a work of art has been transferred to other parties by the author, the published or transferred copies may be exhibited in public.

Public Performances
21.–(1) A published work, which is not a dramatic work or a cinematographic work, may be performed in public
(i)     on occasions when the audience is admitted free of charge where the performance is not the main feature of the event and where the event does not occur for commercial purposes; and
(ii)     where the performance occurs in the case of divine services or educational activities.
     (2) The provision of subsection (1)(ii) does not apply to performances on radio or television and to performances in educational activities which occur for commercial purposes.
     (3) In public libraries works which have been made public may be made available to individuals for personal viewing or study on the spot by means of technical equipment.

Quotations
22. A person may quote from a work which has been made public in accordance with proper usage and to the extent required for the purpose.

Use of Works of Fine Art, etc.
23.–(1) Works of art and works of a descriptive nature, cf. section 1(2), which have been made public may be used in critical or scientific presentations in connection with the text in accordance with proper usage and to the extent required for the purpose. Reproduction for commercial purposes is not permitted.
     (2) A work of art that has been made public may be used in a generally informative presentation and may be used in a critical or scientific presentation for commercial purposes provided the requirements regarding extended collective license according to section 50 have been met. This shall, however, not apply if the author has issued a prohibition against use of the work in relation to any of the parties to the license agreement.
     (3) Works of art made available to the public may be used in newspapers and periodicals in connection with the reporting of current events in accordance with proper usage and to the extent required for the purpose. The provision of the first sentence does not apply to works produced with a view to use in newspapers or periodicals.
     (4) Published works of art or copies of works of art that have been transferred to others by the author may be used in newspapers, periodicals, films and television if the use is of subordinate importance in the context in question.

24.–(1) Works of art included in a collection, or exhibited, or offered for sale may be reproduced in pictorial form and then made available to the public in catalogues of the collection and in notices of exhibitions or sale.
     (2) Works of art may be reproduced in pictorial form and then made available to the public if they are permanently situated in a public place or road. The provision of the first sentence shall not apply if the work of art is the chief motif and its reproduction is used for commercial purposes.
     (3) Buildings may be freely reproduced in pictorial form and then made available to the public.

Reporting of Current Events
25. If performance or exhibition of a work is part of a current event and it is used in film, radio or television, the work may be included to the extent the work forms a natural part of the reporting of the current event.

Public Proceedings, Public Access, etc.
26. Proceedings in Parliament, municipal councils and other elected public authorities, in judicial proceedings and in public meetings held to discuss general matters may be used without the author's consent. However, the author shall have the exclusive right to publish compilations of his own statements.

27.–(1) Where copies of works protected under this Act have come in to an administrative authority in connection with its activities, the copyright shall not prevent other parties from demanding access to copies of works, including demanding a transcript or a copy, in accordance with the provisions of the legislation on access to public documents. The same shall apply to works produced within the administrative authority.
     (2) The copyright shall not prevent that documents delivered to a public record office or an institution which the Minister for Culture has decided shall be considered equivalent hereto are made available to the public in accordance with the provisions of the legislation on archives. However, it shall be prohibited to issue transcripts or to make copies of private documents.
     (3) The right to further exploitation of works to which access has been given in pursuance of subsection (1) or (2) or of which transcripts or copies have been issued shall be subject to the provisions otherwise in force.

28.–(1) Works may to the extent justified by the purpose be used in connection with
(i)     judicial proceedings and proceedings before administrative tribunals, etc., and
(ii)     proceedings within public authorities and institutions under Parliament.
     (2) The right to further exploitation shall be subject to the provisions otherwise in force.

Alteration of Buildings and Articles for Everyday Use
29.–(1) Buildings may be altered by the owner without the consent of the author if this is done for technical reasons or for the purpose of their practical use.
     (2) Articles for everyday use may be altered by the owner without the consent of the author.

Special Provisions on Radio and Television
30.–(1) Danmarks Radio, TV 2 and Færøernes Radio (Utvarp Føroya), Færøernes Fjernsyn (Sjónvarp Føroya) and Grønlands Radio (Kalaallit Nunaata Radioa) may on radio or television broadcast published works provided the requirements regarding extended collective license according to section 50 have been met. The provision of the first sentence does not apply to dramatic or cinematographic works.
     (2) The author may issue a prohibition to the broadcaster against the broadcast of the work pursuant to subsection (1).
     (3) The Minister for Culture may stipulate that the provisions of subsections (1) and (2) shall apply correspondingly to agreements made by other broadcasters.
     (4) The provision of subsection (1) shall apply correspondingly if the author of a work of art has transferred one or more copies to others.
     (5) The provision of the first sentence of subsection (1) shall not apply to broadcasts on radio and television via satellite unless the broadcaster makes a simultaneous broadcast via a terrestrial network.

30 a.–(1) Works which have been made public and are a part of Danmarks Radio's or TV 2's own productions can, by the mentioned broadcasters, be repeated and made available in such a way that members of the public may access them from a place and at a time individually chosen by them, cf. the second division of section 2(4)(i), provided that the requirements regarding extended collective license according to section 50 have been met. The provision of the first sentence shall apply correspondingly to the making of copies which are necessary for the reproduction. The provisions of the first and second sentences shall apply exclusively to works which are a part of productions broadcast before January 1, 1998.
     (2) The author may issue a prohibition to the broadcaster against the reproduction of the work pursuant to subsection (1).

31.–(1) Broadcasters may for the purpose of their broadcasts record works on tape, film, or any other device that can reproduce them provided they have the right to broadcast the works in question. The right to make such works available to the public shall be subject to the provisions otherwise in force.
     (2) The Minister for Culture may lay down rules on the conditions to make such recordings and on their use and storage.

32. Broadcasts of debate programs in which general questions are discussed may be used without the consent of the author. However, the author shall have the exclusive right to publish compilations of his own statements.

33.–(1) Broadcasts of works may be recorded on tape, film or any other device by means of which they can be reproduced and may be stored with the National Media Collection if the broadcast is of documentary value. The Media Collection may produce single copies of the broadcasts for security and protection purposes and for research purposes. The right to further exploitation shall be subject to the provisions otherwise in force.
     (2) The Minister for Culture may provide that the provision in subsection (1) shall apply correspondingly to other public archives.

34. Broadcasters may on request deliver recordings of broadcasts to persons who have taken part in the broadcasts in question or who feel offended by comment in a specific broadcast or through public mention of the broadcast in question. Recordings delivered according to the first sentence may be used for internal use only.

35.–(1) Works which are broadcast wireless on radio or television may be retransmitted simultaneously and without alteration via cable systems and may in the same manner be retransmitted to the public by means of radio systems, provided the requirements regarding extended collective license according to section 50 have been met. The provision of the first sentence shall not apply to rights held by broadcasters.
     (2) Notwithstanding the provision of subsection (1), works forming part of a wireless radio or television broadcast received by means of the receivers’ own antennae, may be retransmitted via cable systems consisting of no more than two connections.
     (3) The owner of a system as mentioned in subsection (1) is responsible for an agreement being made regarding retransmission of radio and television broadcasts via the systems. If remuneration to be paid by the owner according to an agreement made in accordance with subsection (1) or an order from the Copyright License Tribunal under section 48(1), is fixed as an amount per connection, the user of the individual connection is under an obligation to pay the owner a corresponding amount.

Special Provisions on Computer Programs, etc.
36.–(1) The person who