Würtz v. Coop - Decision of the Danish Supreme Court 18 December 2018 – Case No. 171/2017

Research output: Contribution to journalJournal articleCommissionedpeer-review

Standard

Würtz v. Coop - Decision of the Danish Supreme Court 18 December 2018 – Case No. 171/2017. / Kianzad, Behrang (Translator).

In: I I C - International Review of Intellectual Property and Competition Law, 25.11.2019, p. 109-112.

Research output: Contribution to journalJournal articleCommissionedpeer-review

Harvard

2019, 'Würtz v. Coop - Decision of the Danish Supreme Court 18 December 2018 – Case No. 171/2017', I I C - International Review of Intellectual Property and Competition Law, pp. 109-112. https://doi.org/10.1007/s40319-019-00888-9

APA

Kianzad, B., (TRANS.) (2019). Würtz v. Coop - Decision of the Danish Supreme Court 18 December 2018 – Case No. 171/2017. I I C - International Review of Intellectual Property and Competition Law, 109-112. https://doi.org/10.1007/s40319-019-00888-9

Vancouver

Kianzad B. Würtz v. Coop - Decision of the Danish Supreme Court 18 December 2018 – Case No. 171/2017. I I C - International Review of Intellectual Property and Competition Law. 2019 Nov 25;109-112. https://doi.org/10.1007/s40319-019-00888-9

Author

Kianzad, Behrang. / Würtz v. Coop - Decision of the Danish Supreme Court 18 December 2018 – Case No. 171/2017. In: I I C - International Review of Intellectual Property and Competition Law. 2019 ; pp. 109-112.

Bibtex

@article{fc1d72d191eb401fabf0204ef8459029,
title = "W{\"u}rtz v. Coop - Decision of the Danish Supreme Court 18 December 2018 – Case No. 171/2017",
abstract = "According to Sec. 23(3), of the Danish Copyright Act copies of works of art which have been transferred to others by the author, may be used in newspapers, periodicals, films and TV, when the use is of subordinate purpose in the said context. The use of a work of art, here in the form of applied art, by reproduction on packaging for foods and supermarket leaflets from convenience stores falls outside the scope of use of Sec. 23(3). 2.A longstanding practice of an industry can in principle restrict the author’s rights in his work in relation to what is set out in the Danish Copyright Act, but it would require strong evidence to establish the existence of such practice. 3.The use of a copyright-protected work even in a commercial marketing context can be of such secondary importance that – notwithstanding that the rights holder has not permitted the use – it would not amount to copyright infringement. Such non-statutory exemption to the copyright should be construed restrictively and may not influence the normal use of the work in any detrimental way. It also may not unreasonably interfere with the author’s interests. The use is not of such secondary importance if the copyright-protected work appears clearly and must be considered to constitute a material element of the reproductions.",
keywords = "Faculty of Law",
author = "Behrang Kianzad",
year = "2019",
month = "11",
day = "25",
doi = "https://doi.org/10.1007/s40319-019-00888-9",
language = "English",
pages = "109--112",
journal = "I I C - International Review of Intellectual Property and Competition Law",
issn = "0018-9855",
publisher = "Verlag C.H./Beck oHG",

}

RIS

TY - JOUR

T1 - Würtz v. Coop - Decision of the Danish Supreme Court 18 December 2018 – Case No. 171/2017

A2 - Kianzad, Behrang

PY - 2019/11/25

Y1 - 2019/11/25

N2 - According to Sec. 23(3), of the Danish Copyright Act copies of works of art which have been transferred to others by the author, may be used in newspapers, periodicals, films and TV, when the use is of subordinate purpose in the said context. The use of a work of art, here in the form of applied art, by reproduction on packaging for foods and supermarket leaflets from convenience stores falls outside the scope of use of Sec. 23(3). 2.A longstanding practice of an industry can in principle restrict the author’s rights in his work in relation to what is set out in the Danish Copyright Act, but it would require strong evidence to establish the existence of such practice. 3.The use of a copyright-protected work even in a commercial marketing context can be of such secondary importance that – notwithstanding that the rights holder has not permitted the use – it would not amount to copyright infringement. Such non-statutory exemption to the copyright should be construed restrictively and may not influence the normal use of the work in any detrimental way. It also may not unreasonably interfere with the author’s interests. The use is not of such secondary importance if the copyright-protected work appears clearly and must be considered to constitute a material element of the reproductions.

AB - According to Sec. 23(3), of the Danish Copyright Act copies of works of art which have been transferred to others by the author, may be used in newspapers, periodicals, films and TV, when the use is of subordinate purpose in the said context. The use of a work of art, here in the form of applied art, by reproduction on packaging for foods and supermarket leaflets from convenience stores falls outside the scope of use of Sec. 23(3). 2.A longstanding practice of an industry can in principle restrict the author’s rights in his work in relation to what is set out in the Danish Copyright Act, but it would require strong evidence to establish the existence of such practice. 3.The use of a copyright-protected work even in a commercial marketing context can be of such secondary importance that – notwithstanding that the rights holder has not permitted the use – it would not amount to copyright infringement. Such non-statutory exemption to the copyright should be construed restrictively and may not influence the normal use of the work in any detrimental way. It also may not unreasonably interfere with the author’s interests. The use is not of such secondary importance if the copyright-protected work appears clearly and must be considered to constitute a material element of the reproductions.

KW - Faculty of Law

U2 - https://doi.org/10.1007/s40319-019-00888-9

DO - https://doi.org/10.1007/s40319-019-00888-9

M3 - Journal article

SP - 109

EP - 112

JO - I I C - International Review of Intellectual Property and Competition Law

JF - I I C - International Review of Intellectual Property and Competition Law

SN - 0018-9855

ER -

ID: 235531071