DenmarkOphavsretsloven Section 69a, Press Publisher Right
Ophavsretsloven section 69 a (Udgivere af pressepublikationer), Lovbekendtgorelse nr. 1093 af 20. august 2023, inserted by Lov nr. 1121 af 4. juni 2021
In force since .
A press publishers' right rule binding private bodies.
- Instrument type
- an act of a legislature
What it requires
- Applies to you if you are a provider of an information-society service using online a press publication of a publisher whose head office is in a European Economic Area country.
- Obtain the press publisher's consent before reproducing its press publication online or making it available to the public at a place and time individually chosen by them.
- The right ends 2 years after the end of the year in which the publication or announcement occurred, and does not apply to a press publication first published or announced before , regardless of later use.
- You need no consent for individual users' private or non-commercial use, hyperlinks, or single words or very short extracts of a press publication (section 69 a, stk. 2).
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Does a headline with a snippet of a given length fall within 'meget korte uddrag' in § 69 a, stk. 2, nr. 3 i ophavsretsloven, when the statute sets no length?
- Does the training of an LLM-based chatbot on press publications, or the display of their content in its responses, count as making a press publication available 'online' as a provider of information society services in § 69 a, stk. 1, the questions referred to the Court of Justice in Case C-250/25?
What this law does
A press publication may not be reproduced online, or made available to the public at a place and time individually chosen by them, by a provider of an information-society service without the publisher's consent, until 2 years have elapsed after the end of the year the publication or announcement occurred. The right does not apply to a press publication first published or announced before , regardless of any later use after the provision's own entry into force.
The right applies to press publications published by publishers whose head office is in a European Economic Area country. The right does not apply to individual users' private or non-commercial use, to hyperlinks, or to single words or very short extracts of a press publication, per paragraph 2 of section 69 a. Authors of works in a press publication are entitled to an appropriate share of the revenue the publisher receives for that use, per paragraph 4 of section 69 a.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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