Denmark's Supreme Court has dramatically reduced a copyright infringement penalty for Central Denmark Region. The court slashed the bill for unauthorized television broadcasting in hospital facilities from ten million to four million kroner. This decision concludes a lengthy legal battle over public broadcasting rights in healthcare settings.
The case originated when hospitals in Central Denmark Region continued showing television programs after their licensing agreement expired. The region had terminated its contract with copyright management organization Copydan in 2017. Despite this termination, hospitals maintained TV broadcasts in waiting rooms, staff areas, and patient wards until 2022.
Copyright law clearly prohibits showing protected material to the public without proper authorization. The legislation specifically forbids 'transmission to the public' without permission. This legal framework aims to protect the financial interests of rights holders while regulating public access to copyrighted content.
Copydan initially demanded fourteen million kroner for the unauthorized broadcasting period from 2019 through 2022. The Western High Court reduced this amount to ten million kroner in its 2023 ruling. The region appealed this decision to the Supreme Court, leading to the current substantial reduction.
The Supreme Court's judgment considered several key factors in its assessment. Justices noted that hospital television viewing served non-commercial purposes. They recognized that patients, staff, and visitors benefited from the service without direct financial gain for the institutions. This distinction proved crucial in the final penalty calculation.
This case highlights the complex balance between copyright enforcement and public service provision. Hospitals occupy a unique position as both public institutions and content consumers. The ruling acknowledges that while copyright infringement occurred, the context matters in determining appropriate penalties.
What does this mean for other Danish regions operating hospital television services? The decision sets an important precedent for copyright cases involving public healthcare institutions. Other regions now have clearer guidance about potential liability for similar broadcasting situations.
The Danish hospital TV copyright case demonstrates how courts weigh commercial considerations against public service mandates. This balanced approach recognizes that while copyright protection remains essential, exceptional circumstances can justify reduced penalties.
Healthcare institutions across Denmark will likely review their media licensing agreements following this ruling. The case underscores the importance of maintaining current licenses while providing patient services. It also shows that courts consider the public service nature of healthcare when assessing copyright violations.