WORLD TRADE IP/N/I/DNKlC/2 
23 May 1996 
ORGANIZATION 
(96-1965) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original: English 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Denmark 
The present document reproduces 1 the following laws and regulations, as notified by Denmark 
under Article 63.2 of the Agreement: 
Decree No. 260 of 14 July 1962 on determination of 
remuneration for the use of protected literary and 
artistic works and photographic pictures 2 
Royal Decree No. 272 of 21 July 1962 on the access to 
photographic copying of literary and artistic works etc. by 
archives, libraries and museums 5 
Executive Order No. 440 of 8 June 1990 on calculation 
of droit de suite remuneration in pursuance of the 
Copyright Act 
Executive Order No. 892 of 20 December 1990 on 
collection of remuneration in pursuance of Section 22a, 
etc. of the Copyright Act for programmes distributed via 7 
radio and cable systems 9 
lln English only 1. IP/N/1/DNKlC/2 
Page 2 
Decree No. 260 
Entry into force: July 14 1962 
Ministry for Cultural Affairs, Order of 14 July 1962. 
Decree en determination of remuneration for the use of protected literary 
and artistic works and photographic pictures. 
Pur 8uant to art. 54 in Act No. 1:;8 of 31 May 1961 on Copyright in li te­
rary and artistic works and to art. 16 in Act No. 1'Sl of 31 May 1961 on Rights in 
ph~tographic pictures the following is hereby laid down: 
§ 1. A board shall be appointed for final administrative decision in disputes 
about the am~unt of remuneration for the use of a protected literary and artistic 
\:ork penni tted according to arts. 14 J 16, 18 J 19, 22 and 25 of the Copyright Act 
and the fixing ,..f pe.ymeots according to art. 
47 of the same Act, and on the amount of remuneration for the use ~f a protected 
photographic picture permitted according to arts. 7 and 9 of the Photographic 
Rights Act. 
subsect. 2. The board, consisting of' a chairman and two other members, 
shall be appointed by the Minister for Cultural Affairs for 5-year periods. The 
chairman shall be a judge who upon appointment is able to fulfil the general 
requirements f-r n,.,mination ~f Supreme Court Judges, while one of the members, 
who shall be a lawyer, 1s to be appointed after conSUltation with the Board of 
Counsels (advokatradet). 
§ 2. The Minister for Cultural Affairs shall appoint a deputy for each member 
to take part in the decisions of the board in the place of the member concerned 
who is unable to attend. The deputies are to be appointed according to the same 
rules as ff'lr the members. 
§ 3. The Minister for Cultural Affairs shall engage a secretary for the board 
which may employ such additi~nal staff as is considered necessary. 
subsect. 2. The expenses connected with the work of the board shall be 
defrayable from State funds. 
§ 4. N--ne ef the members of the board rrust take part in the decision of a case 
directly concerning institutiens, enterprises or organisations in which he is in­
terested or with which he is connected. The same applies to cases in which he 1s 
generally interested, perscnally or financially J or when "'ther circumstances pre­
vail that are likely to arouse dlubts about his complete impartiality. The boal~ 
itself shall decide when such cases arise as to whether a member may participate 
in its trial. 
§ 5. The time and place for meetings c f the board shall be fixed by the chair-man who shall be responsible for convening meetings. IP/N/lIDNKlC/2 
Page 3 
subsect. 2. The chairman shall plan the work ef the board and preside at 
its meetings. 
subsect. 3. The chairman shall ensure that ~atters submitted to the board 
he expedited with satisfactory despatch. 
subsect. 4. All members shall participate in decisi~ns of the board. 
§ 6. The board is entitled to institute investigations into individual cases. 
The board may, if necessary, request the parties to attend in person before the 
board t" report further on the matter. 
subsect. 2. The parties shall be given opportunity to acquaint themselves 
with the material submitted to the board. The 'parties shall also be given oppor­
tunity to come before the board for further verbal explanation of the matter. 
§ 7. The board is entitled to mediate a settlement ef the case. If settlement , is not secured, the board shall make a decision as promptly as poss1ble~ In the 
case of a disagreement, the decision shall be taken by a rraJority of votes. 
subsect. 2. The decision shall be accompanied by reasons. The decision 
shall contain information about the difference of opinions during the voting as 
to both the result and the reasons. 
subsect •. 3. The decision shall be entered in a register provided for this 
purpose., and signed by each of the board members. The chairman shall ensure that 
the decision is brought to the konwledge of the parties and of any public autho­
rities that may be interested. 
subsect. 4. The settlements effected by the beard shall likewise be en­
tered in the register. 
§ 8~ Minutes shall be kept of board meetings and shall be signed at the close 
of each meeting by the chairman and the secretary. These minutes shall indicate 
the time and place of the meeting, whether board members have attended personally 
or through their deputy, the names of the parties, the documents produced in the 
case, and the names of the persons attending as parties, or on their behalf, or 
to assist them. Furthermore the minutes shall contain a short account of the 
discussions, giving the parties' asserticns, petitions and objections, in so far 
as this is not contained in the dccuments submitted. Nothing shall be entered 
in the minutes about developments and verbal statements to motivate assertions, 
petitions or objections, unless the chairman so decides in special circumstances. 
§ 9. The board members and deputies, the secretary and any staff are under 
obligation pursuant to arts. 152 and 263 of the Civil Penal Code to keep secret IP/N/lIDNKlC/2 
Page 4 
from all eutside parties whatever they might gain konwledge of through their 
work. 
Ministry for Cultural Affairs, 14 July 1962. 
Jul. BclPholt / W. Weincke. 2. Decree No. 272 of July 21, 1962 
Entry into force: July 21, 1962 IP/NI1 IDNK/C/2 
Page 5 
Royal Decree on the access to photographic copying of lite­
rary and artistic works etc. by archives, libraries and museums~ 
We FREDERIK THE NINTH, by the grace of God, King of Denmark 
of the Wends and the Goths, Duke of Slesvig, Holstein, Stormarn, Di­
marsken, Lauenborg and 01denborg, do hereby make kno'\m: 
In pursuance of art. 12 in Act No. 158 of 31 May 1961 O~ Co­
pyright in literary and artistic works, and of art. 6 in Act Noo 15'­
of 31 May 1961 on Rights in photographic pictures, the follo'\'ling -'"' 
hereby decreed: 
§ 1. The following archives, libraries and museums are entitled; 
without obtaining permission from the author or photographer, to prc 
duce for use in their work, copies of literary or artistic works er 
of photographic pictures that are protected by copyright, in accOl.···· 
dance with the rules indicated below: 
The state Archives and archives coming thereunder. 
The Royal Library and other scientific and technical libl"a··· 
ries which are wholly or partially operated by public authorities. 
County libraries and other libraries with full-time staff 
under the public library service. 
The National Museum. 
The state Museum of Art. 
Other archives, libraries and museums which, as decided cy 
the Minister in each individual instance, may be justifiably and re~ 
sonably considered as being on the same footing as the above. 
Copying for protective purposes etc. 
§ 2. An archive, library or museum belonging under those mentio­
ned in § 1, may for lending purposes produce photographic copies c: 
such material in its collection, the lending of which due to specia 
value, rarity or fragility, is not considered justifiable for U38r2 
of the institution in general. However, not more than 2 copies may 
be made unless there is very special reason to do so .. As :":'8sard..s :10: 
published works or photographs and manuscripts handed -:0 tl:e :i_r~3ti­
tution through agreement or bequest, the right to ~ake copies ~s J:: 
ly valid if not laid down otherwise or 3UC~ !::lay be consic.ered to c-;..­
assumed. 
subsect. 2. The institutions concerned may also, by ~icrc· IP/N/lIDNKlC/2 
Page 6 
filming or the like, produce archive copies of material in their col 
lections to the extent required by considerations of protection and 
security. 
§ 3. Photographic copies may be made, with a vievr for use in reSE 
arch or study, of single articles in a composite work, a newspaper c 
a periodical, and of short sections of books and other published ~ri 
tings. Only a single photographic copy of each article or Gach se8-­
tion may be delivered to the individual user~ 
Completing of defective works~ 
§ 4. If a copy of a work is incomplete, photographic c~pies ~~y t 
made of the missing parts, including photographic pictures contai~ed 
in the work, in so far as the missing parts are of slight extent as 
compared with the entire work, ~nd re-purchase of the work is not po 
sible in bookshops or from the distributor or publisher, or vlould er. 
tail an expense out of proportion to the completing of the work_ 
subsect. 2. The production of !:li3sing volumes of a '1tlork co­
ming out in several sections, and of missing pamphlets or volumes of 
a periodical publication and the like is only pernitted when the 70-
lume or pamphlet concerned cannot be purchased separately in book­
shops or from the distributor or 9ublister. 
Augmentation of collections by photocopying~ 
§ 5. The scientific and tec!1nical li oraries ~'lhich function as u...'Yli· 
versity libraries or main library for a certain technical field may 
produce, when special occasion arises, photographic reproductions of 
a published work which should ~e available in the library collection: 
but which cannot be purchased in bookshops or iron the distributor 
or publisher. Only one copy ~ay be produced of each work. 
subsect. 2. Similar rules apply as regards the copying of 
protected photographic pictures. 
Violation of the fore.;roing re;ru.lations .. 
§ 6. In the event of violation of the reg~lations in this decree 
the ~!inister ~ay ·Hi thdraVI, fro!:l the e.rchi ve, li brs.ry or ~useu=! res90~ 
sible for such violation, the permission to produce copies pursuant 
to art. 12 of the Copyright Act and art. 6 of the P~otographic Right: 
Act. 
Done at Graasten Castle, ~uly 21, 1962. 
Under Our Royal Sand and Seal 
?REDERIX R ... / Jul. 3omholt. 3. IP/N/I/DNK/C/2 
Page 7 
Denmark 
Translation The Ministry of Cultural Affairs' Executive Order No. 440 of June 8, 1990 
Executive Order on Calculation of Droit de Suite Remuneration 
in pursuance of the Copyright Act 
In pursuance of Section 25 a (3) of the Copyright 
Act, cf. Consolidation Act No. 453 of June 23, 
1989, the following is laid down: 
Section 1.-In pursuance of Section 25 a (1) of 
the Copyright Act, the author is entitled to a 
remuneration of five per cent of the sales price, 
excluding value added tax in the event of commer­
cial resale of copies of works of art. 
(2) The right to remuneration according to 
sub-section (1) shall apply to copies of works of 
authors who at the time of sale are 
1) Danish nationals or domiciled in Denmark, d. 
Section 58(4) of the Copyright Act, or 
2) foreign nationals of or domiciled in a country 
that has acceded to the Berne Convention and 
that has implemented a droit de suite rule as 
mentioned in Article 14 of the Convention, d. 
Section 4 in Ordinance on the Application of 
the Copyright Act with respect to other Coun­
tries, ete. 
Section 2.-(1) The right to receive remuner­
ation according to Section 1 hereof shall apply to 
commercial resale of copies of 1) works of fine art, including paintings, sculp­
tures, drawings, graphic work and picture 
textiles, and 
2) works of applied art, including goldsmith's and 
silversmith's works, jewellery and ceramic 
works. 
(2) The right to receive remuneration accord­
ing to Section 1 hereof does not comprise copies 
of works of applied art if they have been produced 
in several identical copies, d. 2nd clause of Sec­
tion 25 a(2) of the Copyright Act. 
(3) The right to receive remuneration accord­
ing to Section 1 hereof does not comprise works 
of architecture, d. 1st clause of Section 25 a(2) of 
the Copyright Act. 
Section 3.-(1) The right to rettive remuner­
ation shall exist until the expiry of the copyright, 
d. Sections 43 and 44 of that Act. 
Section 4.-(1) No droit de suite remuneration 
shall be paid in the event of sale of works of art if 
the sales price, including auction fee, if applicable, 
but excluding value added tax, does not exceed 
DICK 2,001. IP/N/1/DNK/C/2 
Page 8 
Section 5.-(1) Droit de suite remuneration ac­
cording to Section 25 a of the Copyright Act shall 
be calculated with respect of any sale, including 
exchange of a copy of the works of art mentioned 
in Section 2 hereof, which is made or arranged 
commercially, be it whether the sale takes place 
through auction, shop sale or in any other man­
ner. The right to receive remuneration shall com­
prise sale to private individuals as well for com­
mercial purposes. 
(2) The duty to pay droit de suite remuneration 
according to Section 25 a of the Copyright Act 
shall be imposed on any person who commercially 
sells or arranges for sale of copies of works of art 
in the manner described in sub-section (1) hereof. 
(3) Droit de suite remuneration shall not be 
charged in the event of the author's own sale of 
copies of works of arts as mentioned in Section 2, 
hereof which the author has not previously trans­
ferred to others. This shall also apply in the event 
of sale of a copy of the works of art mentioned in 
Section 2 which takes place on the basis of a 
transfer of the property right from the author in 
connection with inheritance, creditors' proceedings 
or division of estate, if the author has not previ­
ously transferred the copy to others. 
(4) Private transactions where no seller or 
intermediary takes part as mentioned in sub-sec­
tion (2) shall not be comprised by the right to 
receive remuneration. 
Section 6.-(1) The droit de suite remuneration 
shall be calculated as five per cent of the sales 
price of the work of art including auction fee, if 
applicable, but excluding value added tax. (2) The basis of calculation shall comprise the 
value of frames, suspensions, bases, technical 
equipment etc., included in the transaction, irre­
spective of whether such accessories are fixed to 
the copy or not. In the event of sale of copies of 
works of a goldsmith or a silversmith, the seller 
shall, however, in the calculation basis be entitled 
to deduct the value of precious metals and 
precious stones. 
Section 7.-(1) In the event of commercial sale 
in pursuance of Section 1, cf. Section 2 hereof, the 
seller shall be obliged to forward .. an annual state­
ment of the sale of copies of works of art for 
which remuneration is payable according 'to the 
law, to Copy..,Dan, VISual Arts,certified1by:a:'state­
authorized public accountant or registered ac­
countant, d. Section 25 a(6) of the Copyright Act. 
The statement shall be available not later than 
June 1 in the year following the calendar year in 
which the sale took place. 
Section 8.-(1) Violation of Section 7 hereof 
may imply'a penalty by way of a flOe, cf. Section 
55 a No. 2 of the Copyright Act. This Executive 
Order shall come into force on July 1, 1990. 4. IP/N/1/DNK/C/2 
Page 9 
TranslatioD Denmark 
Ministry of CullurcIl Affaris' ExecUlive order No. 892 of December 2q 1990 
Executive Order on Collection or Remuneration In pursuance or 
Section 22 a, etc. or the Copyright Act ror Programmes 
distributed via Radio and Cable Systems 
In pursuance of Section 22 a (4) and Sedion 55 c of 
the Copyright Act, d. Consolidation Act No. 453 of 
June 23, 1989 and Section 11 a( 4) and Section 17(3) of 
the Photography Act, d. Consolidation Act No. 454 of 
June 23, 1989, the following is laid down: 
Section 1.-For retransmissions via a radio or cable 
system of works and photographic pictures broadcast on 
radio or television, the owner of the system is under an 
obligation to pay remuneration to the joint organization 
approved by the Minister for Cultural Affairs (Copy­
Oan, Kabel-TV) in accordance with the provisions of 
Section 22 a of the Copyright Act and Section 11 a of 
the Photography Act. 
Section 2.-(1) If the remuneration payable by the 
owner has been fJXed as an amount per connection, the 
user of the individual connection shall be obliged to pay 
the owner a corresponding amount, cf. Section 22 a( 4) 
of the Copyright Act and Section 11 a( 4) of the Pho­
tography Act. 
(2) The obligation to pay remuneration shall lapse 
if 
1) through technical measures, e.g. sealing, the connec­
tion is made non-functioning, or 
2) the connected household, etc., does not have a 
radio or television receiver at disposal. (3) The lapse of the obligation to pay remuneration 
as a result of the household having neither a radio 
receiver nor a television receiver at its disposal, d. sub­
Sedion (2), No. 2 hereof, shall be on condition that the 
owner of the system be notified in writing to this effect 
by the household concerned, etc. The notification shall 
have been received by the owner of the system not later 
than on February 1 in order that a lapse of the obliga­
tion to pay remuneration for the year in question and 
the following years may take effect. II in a following 
year a radio or television receiver is acquired, the 
household, etc., is under an obligation to notify the 
owner of the system to this effect. 
(4) In the event a household moves from the place 
of connection in question the effect of the notification 
mentioned in sub-Sedion 3 shall lapse. 
Section 3.-(1) The O\VI1er of a radio or cable system 
shall be under an obligation to give Copy-Dan, Kabel 
TV, information with regard to 
1) the programmes distnbuted via the system, 
2) the total number of connections in the system, 
3) number of households, etc. that have given notifica­
tion of the lapse of the obligation to pay remuner­
ation, d. Section 2(3), and 
4) number of connections which through technical 
measures have been disconnected, cf. Section 2(2), 
No. 1. 
(2) Copy-Dan, Kabel-TV, may in special cases 
demand information about names and addresses of the IP/N/I/DNK/C/2 
Page 10 
households, etc., mentioned in sub-section (1) No. 3 
hereof. This information shall be forwarded not later 
than four weeks after a request has been forwarded to 
this effect by Copy-Dan, Kabel TV. 
(3) The information mentioned in sub-section (1) 
about circumstances as of Decemb:er 31, shall each year 
be sent to Copy-Dan, Kabel TV, not later than on 
March 1. 
Section 4.-(1) Any person who acts in contravention 
of Section 3 hereof shall be liable to a fme. (2) Where a violation has been committed by a 
limited liability company, a private company, a co-oper­
ative society,etc., such company or society may be liable 
to punishment by way of a fme. Where the violation has 
been committed by a municipality or a joint municipal 
entity covered by Section 60 of the Danish Local Gov­
ernment Act, the municipality or joint municipal entity 
may be liable to a punishment by such a fme. 
Section 5.-This Executive Order shall come into 
force on January 1, 1991. 