Denmark: New Danish Rules on Digital Copying for Private Use

With effect as of July 2001 the access to digital copying for private use has been liberalised in Denmark.

Since 1995 a total ban on digital copying of works in digital form for private use has been in force pursuant to the Danish Copyright Act. As a consequence of private individuals’ increasing use of the Internet and other digital media in their everyday life a softening of the ban on digital copying has proved to be necessary.

The new rules imply that one is only allowed to copy text, music, and images, etc. in digital form for private use, e.g. with a view to recording of radio and television programmes for viewing at a later time, copying of a music CD for the car, the summer cottage or for a walkman, copying for a compilation CD and copying for a PC with a view to electronic execution within the household.

On the other hand, one is still not allowed to produce digital copies to be used outside the household, e.g. copying for acquaintances and school friends. Neither is the purchaser of a digitally delivered musical work allowed to forward this musical work by e-mail to friends and acquaintances. Furthermore, copying for private use does not include work or teaching related copying.

Copying of computer software in digitalised form is still banned. "Computer software" means "a number of instructions or information fixed in any kind of form or in any kind of media which aim directly or indirectly to bring a computer to indicate, perform, or obtain a certain function, assignment, or a certain result."

Thus one is still not allowed to copy computer software as e.g. operating systems for computers, executive and retrieval programs in databases and multimedia works, word processing programs and computer and console games.

Digital copying in connection with work or for internal use in any business or enterprise, etc. is not subject to this new act and is therefore still banned.

In connection with the repeal of the ban on digital copying for private use, the Danish Ministry for Culture has set up a working group to review the current blank tape system and whether the indirect tax scheme is to be extended with the possibility of an indirect tax on all equipment which may be used to record and copy protected works, e.g. CD burners, MP3 players and mini-disc recorders.