Copyright Act – Paragraph 1

Paragraph 1 of the applicable Danish copyright law reads as follows:

“Anyone who produces a literary or artistic work has copyright to the work, whether it appears as a literary or non-literary production, as a work of art or of a stage, as a film or photographic work, as a work of art, architecture or utility art, or it has been expressed differently ”

Who owns the copyright to images?

The consequence of the above paragraph is that you may only use other people’s photographs and imagery in agreement with the person who owns the copyright to the images.

Basically, the person who presses the camera’s shutter button is the copyright owner of the photograph.

In the case of a professional photographer hired by a customer, the photographer usually assigns the right to use the images to the customer when the photographer’s invoice is paid.

Unless specifically agreed otherwise, the photographer still owns the copyright to the images.

If you pay a photographer yourself to solve a photo assignment, you should – in writing and before you agree on the price – make clear that you want both copyright and copyright for the photos the photographer takes for you. So, assuming you want 100% ownership of the images.

If you only have the right of use, you could potentially get into trouble if you want to have resellers or other partners use your imagery. At the same time, you also do not have the option of reselling the images to another page. The photographer has it in return.

Case law relating to the misuse of images.

There is a case law which states that the infringer must pay a fair remuneration and compensation to the counterparty. Typically, pictures are valued at DKK 1,000-5,000 per piece in total remuneration and reimbursement. The amount depends on the circumstances for the production of the work.

“Normally” the remuneration is 50% of the amount and the reimbursement the last 50%.

No images may be copied, resold, or otherwise edited, without the permission of the copyright owner.