SKAM – ophavsretlige grænser på det grænseløse Internet?

Abstract

This article examines some of the copyright-related questions that arise in the context of cross-border access to the Norwegian series SKAM. The programme has turned into a cultural phenomenon throughout the Nordics and rightholders’ geo-blocking of consumers from other countries led to much awareness of cross-border access in January 2017, not least from the former Danish minister of culture. The EU-legislator has in the recent years proposed a variety of solutions to secure cross-border access to copyright-protected works. This article provides an overview on these initiatives and their complex interplay. A consumer-focused perspective is finding its way into the academic discourse and the lawmaker’s agenda for copyright in the 21st century. The article argues, however, that there is a long way until the traditionally unproblematic geographical delineation finds its balance on the Internet. Conventionally, an argumentation based on culture is used to justify a high level of protection for rightholders. In the light of transnational culture, this article reflects on transferring these considerations to cross-border access to content, i.e. the justification for a high level of access to transnational culture.