English 
Official Translation into English of the Text of the Provisions:
Chapter 6 a - Technological Measures, etc.
75 b. It is not permitted to market or for commercial purposes possess means the only purpose of which is to facilitate unlawful removal or circumvention of technical devices which are used to protect a computer program.
75 c.–
(1) It is not permitted to circumvent effective technological measures without the consent of the rightholder.
(2) It is not permitted to produce, import, distribute, sell, rent, advertise for sale or rental, or to possess for commercial purposes devices, products or components that
(i) are promoted, advertised or marketed for the purpose of circumvention of effective technological measures;
(ii) have only a limited commercially significant purpose or use other than to circumvent effective technological measures; or
(iii) are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of effective technological measures.
(3) The provision of subsection (2) shall apply correspondingly to services.
(4) The expression effective technological measures in subsections (1) and (2) shall mean any effective technological measures that, in the normal course of their operation, are designed to protect works and performances and productions, etc. protected under this Act.
(5) The provisions of subsections (1)-(4) shall not apply to the protection of computer programs.
(6) The provisions of subsections (1)-(4) shall not prevent research into cryptography.
75 d.–
(1) The Copyright License Tribunal, cf. section 47(1), may, upon request, order a rightholder who has used the effective technological measures mentioned in section 75 c(1) to make such means available to a user which are necessary for the latter to benefit from the provisions of section 15, section 16(1), section 17(1)-(4), section 18(1) and (2), section 21(1)(ii), section 23(1) and sections 26-28, 31, 33 and 68. If the rightholder does not comply with the order within 4 weeks from the decision of the Tribunal, the user may circumvent the effective technological measure, notwithstanding the provision of section 75 c(1). The provisions of the first and second sentences shall apply only to users with legal access to the work or the performance or the production, etc.
(2) The provision of subsection (1) shall apply only to the extent that the rightholder has not, by voluntary measures, including agreements with other parties concerned, ensured that the user may benefit from the provisions mentioned in subsection (1) notwithstanding the use of effective technological measures.
(3) The provision of subsection (1) shall not apply to works and performances or productions, etc. made available to the public on agreed contractual terms in such a way that members of the public may access them from a place and at a time individually chosen by them, cf. the second division of section 2(4)(i).
75 e.–
(1) It is not permitted without the consent of the rightholder to
(i) remove or alter any electronic rights-management information; or
(ii) distribute, import for distribution or communicate to the public works and performances or productions, etc. from which electronic rights-management information has been removed or altered without consent.
(2) The provision of subsection (1) shall apply only if the actions concerned are carried out by a person who knows, or has reasonable grounds to know, that by so doing he is inducing, enabling, facilitating or concealing an infringement of the right to a work or performance or production, etc. protected under this Act.
Chapter 7 - Enforcement of the Law
Penal Sanctions
…
78.–
(1) Anyone who with intent or by gross negligence violates section 75 b or 75 c is liable to a fine. Anyone who with intent violates section 75 e is liable to a fine.
…
Chapter 9 - Coming into Force and Transitional Provisions
89.–
(1) This Act shall come into force on
(2) Simultaneously the following Acts shall be repealed:
(i) Act on the Copyright in Literary and Artistic Works, cf. Consolidated Act No. 1170 of December 21, 1994; and
(ii) Act on the Right in Photographic Pictures, cf. Consolidated Act No. 715 of September 8, 1993.
(3) A proposal for revision of sections 75 c and 75 d shall be submitted to the Folketing (Parliament) in the year 2005-2006 at the latest.
Texts available at the website of the Danish Ministry of Culture (www.kum.dk).
Print
Send to Friend