Act on Legal Deposit of Published Material

Translation of Act No. 1439 of 22. December 2004
Unauthorised version

WE MARGRETHE THE SECOND, by the Grace of God Queen of Denmark, make it known:

The Folketing has passed and We have confirmed by Royal Consent the following Act:

PART 1
Scope of the Act

§ 1. The Act comprises legal deposit of

  1. works published in physical form cf. part 2,
  2. material published in electronic communication networks, cf. part 3
  3. radio and television programmes, cf. part 4 and
  4. films produced with a view to public showing, cf. part 5

PART 2
Works published in physical form

§ 2. Of works published in Denmark, two copies must be delivered to a legal deposit institution.

(2) A work is considered published when, with the consent of the author, copies of the work have been placed on sale or otherwise distributed to the public. It is also considered published when, with the consent of the author, notice is given to the public that copies of the work are being produced and will be distributed to order.

(3) Publication in Denmark takes place when

  1. the published copies have been produced in Denmark, or
  2. the published copies have been produced abroad especially with a view to distribution in Denmark.

(4) Computer programs are not subject to legal deposit, unless the program constitutes part of a work of a different nature and is published together with this work.

§ 3. The works must be deposited in the same form as that in which they have been published, unless otherwise stated pursuant to § 20 (1)

(2) If a work can only be made accessible by the use of technical equipment, the deposited copies must on demand from the legal deposit institution be accompanied by passwords and other information etc. necessary for gaining access to the work, producing copies of the work and making the work accessible to the general public. The person under a legal deposit obligation is entitled to demand that passwords etc. not be made available to any third party.

(3) New editions of a work are also subject to legal deposit.

§ 4. The legal deposit obligation lies with the person who produces finished copies for publication.

(2) If the producer cannot be unambiguously identified, the publisher is subject to the legal deposit obligation.

(3) As regards publications that have been produced abroad, the publisher is subject to the legal deposit obligation or, in case of his not being a Danish resident, the importer representing the publisher in Denmark. If the publisher is domiciled abroad and there is no importer in Denmark, the publisher is subject to the legal deposit obligation.

§ 5. Any work published in Denmark, cf. § 2, must contain the name or company and domicile of the publisher.

§ 6. The publisher, must, on demand from the legal deposit institution, provide the information necessary for correct registration of the work in the national bibliography.

§ 7. Expenses incurred during the production of legal deposit copies must be paid by the publisher. In the case of copies produced abroad the corresponding expenses must be paid by the person subject to the legal deposit obligation according to § 4 (3). The Minister for Culture lays down detailed rules for cases in which the legal deposit institution can make full or partial reimbursement of the production costs.

PART 3
Material published in electronic communication networks

§ 8. Danish material published in electronic communication networks is subject to legal deposit. The legal deposit obligation is fulfilled by the legal deposit institution having access to request or produce copies of the material.

(2) Material published in electronic communication networks are considered to be Danish when

  1. it is published from Internet domains etc. which are specifically assigned to Denmark, or
  2. it is published from other Internet domains etc. and is directed at a public in Denmark.

(3) The Minister for Culture lays down detailed rules for the delimitation of the legal deposit obligation according to (1) and (2).

§ 9. As regards material published from Internet domains etc. which are specifically assigned to Denmark, the legal deposit obligation falls to the registrar of the domain name under which the material is published. As regards material published by other Internet domains etc. the publisher of the material is subject to the legal deposit obligation.

§ 10. The person under the legal deposit obligation must upon demand inform the legal deposit institution about access codes and provide other information etc. necessary for gaining access to the material, produce copies of the material and make the material available to the general public. The person under a legal deposit obligation is entitled to demand that passwords etc. not be made available to any third party.

§ 11. The person administrating Internet domains etc, that are specifically assigned to Denmark, must upon demand deliver a copy in electronic form of the list of these domains to the legal deposit institution as well as information about the registrars.

§ 12. Expenses in connection with requesting or producing copies of the material are paid by the legal deposit institution.

PART 4
Radio and television programmes

§ 13. Danish radio and television programmes are subject to legal deposit. The legal deposit obligation is fulfilled by the legal deposit institution having access to recording the programmes.

(2) A radio or television programme is Danish, when

  1. it is broadcast by a radio or television company which is subject to the Radio and Television Broadcasting Act, or
  2. it is broadcast by a radio or television company domiciled outside Denmark and the programme is directed at a public in Denmark.

(3) The Minister for Culture lays down detailed rules for the delimitation of the legal deposit obligation according to (1) and (2)

§ 14. Radio and television companies under the legal deposit obligation must upon demand inform the legal deposit institution about passwords and provide other information etc. necessary in gaining access to the programme, produce copies of the programme and make the programme available to the general public. The company under a legal deposit obligation is entitled to demand that passwords etc. not be made available to any third party.

§ 15. Expenses in connection with recording of the programmes are paid by the legal deposit institution.

PART 5
Films produced with a view to public showing

§ 16. Of any Danish film produced with a view to public showing, the producer must deliver two copies with relevant PR material to a legal deposit institution. A Danish film is a film that is treated as Danish according to the Film Act.

(2) Negatives of Danish films, cf. (1) must not be destroyed until they have been offered free of charge to the legal deposit institution and this institution has declared that it does not want them.

(3) Expenses in connection with the production of the legally deposited copies are paid by the producer. The Minister for Culture lays down detailed rules for cases where the legal deposit institution can make complete or partial reimbursement of the production costs.

PART 6
Common regulations

§ 17. The “publisher” means the person at whose expense the material is published.

§ 18. Should the person under a legal deposit obligation die or be adjudged bankrupt, the estate becomes subject to the legal deposit obligation.

§ 19. Copies deposited according to Part 2, are stored in two different geographical localities as determined by the Minister for Culture.

(2) When storing material which is deposited according to Part 3-5, the Minister for Culture lays down detailed rules for the safeguarding of the material.

(3) Legally deposited material is included in the collections of the recipient institutions. The institutions are entitled to produce copies of the material with a view to collecting and storing. In so far as access to the legally deposited material is not restricted pursuant to other legislation, the institutions are entitled to make it available to the general public within the framework of the copyright act.

(4) The Minister for Culture lays down detailed rules for making available legally deposited material.

§ 20. The Minister for Culture lays down detailed rules on the form of depositing, including the information which must accompany the deposited works, time limits for depositing and the institution at which the deposits must be placed.

(2) The Minister for Culture may lay down rules on exemptions from the legal deposit obligation, including that certain kinds of material or material produced in a limited number of copies do not have to be deposited.

(3) The Minister for Culture may lay down rules on the discarding of deposited material that is deemed not worth preserving for cultural or research purposes.

(4) Expenses for postage, freight and the like are paid by the legal deposit institution as further laid down by the Minister for Culture.

§ 21. Violations of § 2 (1), §§ 3, 5, 6, 10, 11 and 14 and § 16 (1) and (2) carry the penalty of a fine.

(2) In regulations stipulated pursuant to § 8 (3), § 13 (3), § 19 (4) and § 20 (1), a penalty in the form of a fine may be imposed for violation of the provisions in the regulations.

(3) Criminal liability may be imposed on companies etc. (legal persons) under the regulations in Part 5 of the Penal Code.

§ 22. This Act shall come into force on 1. July 2005.

(2) The Minister for Culture submits proposals for a revision of the act no later than the parliamentary year 2007-08.

(3) Act No. 423 of 10. June 1997 on legal deposit of published works is repealed.

§ 23. In Act No. 186 of 12. March 1997 on films, as amended by § 11 (3), in Act No. 423 of 10. June 1997 and § 4 in Act No. 1156 of 17. December 2003, the following amendments are made:

  1. §§ 12 and 14-16 are repealed.
  2. In § 25 (1), “§ 12, § 13” are deleted, and in (2) “§ 15 and” are deleted.

§ 24. In Act on Radio and Television Broadcasting, cf. Executive Order No. 506 of 10. June 2004, § 89 is repealed.

§ 25. This Act does to extend to the Faroe Islands and Greenland.

Given at Marselisborg Castle, 22. December 2004

Under Our Royal Hand and Seal

MARGRETHE R.

/Brian Mikkelsen