DENMARK Law and Practice Contributed by: Frederik Bruhn, Tim Krarup Nielsen, Robert Jønsson and Rasmus Theis Madsen, DAHL Law Firm
2.3 Broadcasting Economic Significance of Sports Broadcasting
Regulation of Sports Broadcasting Despite its commercial nature, sports broadcast - ing is also considered a matter of public inter - est. The Audiovisual Media Services Directive ( “AVMS Directive” ) provides EU member states with the authority to ensure that major events remain accessible to the public. In Denmark, this is reflected in the Danish Radio and Television Broadcasting Act, which empow - ers the Minister of Culture to prevent exclusive broadcasting rights from restricting public access to significant events. However, this pro - vision is currently inactive following the repeal of the ministerial order that previously enforced it. Furthermore, under the act, broadcasters hold - ing exclusive rights to events of significant pub - lic interest must allow other European Economic Area (EEA) broadcasters to use short excerpts. This implementation of Article 15 of the AVMS Directive ensures that highlights from exclusive broadcasts remain accessible to the wider pub - lic. Intellectual Property and Signal Rights Broadcasting rights are separately protected by the Danish Copyright Act, which grants special protection to broadcasting signals. This ensures that unauthorised public screenings, such as those in commercial venues, require explicit permission from the broadcaster. Beyond this separate signal protection, televi - sion broadcasts may qualify for general copy - right protection under the Danish Copyright Act if they meet the required originality threshold as cinematographic works. However, broadcasting rights must also be considered in conjunction with event rights, requiring television providers to obtain consent from event organisers before distributing content to third parties.
Broadcasting rights play a crucial role in the com - mercial success of sports, with television net - works and streaming platforms investing heavily in securing exclusive rights to major events. The rise of digital platforms and increased accessi - bility of live sports coverage have significantly expanded audience engagement, driving up the value of broadcasting rights. Broadcasters generate revenue primarily through subscription fees, pay-per-view models, and advertising. The demand for premium sports content has led to fierce competition among broadcasters, particularly for high-profile events such as the Danish Superliga and international football tournaments. Sports federations and clubs benefit from this demand, as broadcast - ing rights revenue is often a significant part of their overall financial model. Packaging and Commercialisation of Broadcasting Rights Sports rights-holders in Denmark traditionally package broadcasting rights to maximise val - ue and attract broadcaster investment. Rights are typically sold through competitive tender processes, with packages structured to offer exclusivity for premium content while maintain - ing accessibility through free-to-air sublicensing. Exclusive rights remain a key driver of broad - caster competition, ensuring that subscribers are drawn to a particular service. For example, the Danish Superliga’s broadcasting rights have been sold in structured agreements covering multiple seasons, ensuring stable revenue for clubs while allowing broadcasters to plan long- term content strategies.
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