De minimis exception when using applied art in marketing materials
1. In order to prove a copyright exception not contemplated in the Act but based on long-standing practice the defendant must show strong evidence that goes beyond a usual practice in the business.2. The use of a copyright-protected work even in a commercial or marketing context can be of such secondary importance that – notwithstanding that the rights holder has not permitted the use – it would nThe present article grapples with the concept of de minimis in European copyright law in light of the ruling by the Danish Supreme Court in Würtz v Coop Denmark. The article begins with a brief background of the case. The second section delves into the concept of de minimis and its origins and framing in European copyright law. The third section compares the concept to US legislation and case law