14 maj 2020
Højesteret
Copyright – recording of musical works for use in television programmes
Recording of musical works for use in television programmes undertaken by independent production companies under production agreements with DR and TV2 not covered by the exception in Section 31(1), first sentence, of the Danish Copyright Act
Case no. 70/2013 and case no. 71/2013
Judgment delivered on 21 May 2014
The Danish Broadcasting Corporation (DR)
vs.
NCB
and
TV2 Danmark A/S
vs.
NCB
The issue in this case was whether recording of musical works for use in specified television programmes undertaken by independent production companies under production agreements with DR and TV2 Danmark A/S was covered by the exception in Section 31(1), first sentence, of the Danish Copyright Act. According to this provision, broadcasters may record works for use in their broadcasts without permission from the copyright holder, provided that they have the right to broadcast the works in question.
The Supreme Court stated that Section 31(1), first sentence, of the Copyright Act must be interpreted in accordance with Article 5(2)(d) of the InfoSoc Directive as interpreted by the EU Court of Justice in its judgment of 26 April 2012 in case no. C-510/10. Against this background, the Supreme Court agreed that the recordings in dispute were not covered by the exception in Section 31(1), first sentence, of the Copyright Act.
The High Court had reached the same conclusion.