قانون حق المؤلف (القانون رقم 2 المؤرخ 12 مايو 1961 بشأن حق المؤلف في المصنفات الأدبية والعلمية والفنية) (في صيغته الموحدة لعام 1999)، النرويج

• ACT No. 2 OF 12 MAY 1961 RELATING TO COPYRIGHT IN LITERARY, SCIENTIFIC AND ARTISTIC WORKS, ETC., WITH SUBSEQUENT AMENDMENTS, LATEST OF 16 APRIL 1999
  • Chapter 1. The object and substance of the copyright
  • Chapter 2. Limitations on copyright
    • General provisions
    • Making copies for private use
    • Making copies for use in educational activities
    • Photocopying in institutions, commercial enterprises, etc
    • Fixations made in health institutions, etc
    • Making copies in archives, libraries and museums
    • Making copies for the disabled
    • Collective works for use-in education, etc
    • Distribution of copies
    • Exhibition of copies
    • Performance in an educational context, etc.
    • Quotation
    • Reproduction of works of art
    • News report in a broadcast or film
    • Public proceedings, right of information, etc.
    • Alteration of buildings and works of applied art
    • Special provisions regarding broadcasting, etc.
    • Common provisions regarding compulsory licences, extended collective licences, commissions, etc.
    • The organizations' right of action
  • Chapter 3. Transfer of copyright
    • General provisions
    • Alterations and further assignment
    • Checking accounts
    • Agreements regarding performance
    • Publishing agreements
    • Agreements regarding the production of cinematographic works
    • Computer programs
    • Commissioned portraits
    • Right of remuneration for the rental of films and phonograms
  • Chapter 4. Term of protection of copyright
  • Chapter 5. Other rights
  • Chapter 6. Various provisions
  • Chapter 7. Penal sanctions, compensation and confiscation
  • Chapter 8. The scope of the Act.
  • Chapter 9. Entry into force of the Act and amendment of other statutes
  • Proposition No. 15 to the Odelstlnget regarding the Act relating to amendments in the Copyright Act, etc.
    • III. Entry into force and transitional provisions
  • Proposition No. 54 to the Odelsting regarding the Act relating to amendments of the Copyright Act, etc
    • II. Commencement and transitional provisions

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ACT NO.2 OF 12 MAY 1961 RELATING TO COPYRIGHT IN LITERARY. SCIENTIFIC AND ARTISTIC WORKS,'ETC., WITH SUBSEQUENT AMENDMENTS, LATEST OF 16 APRIL 1999

Chapter 1 The oh.lect and substance of the copyright

§ 1. Any person who creates a literary, scientific or artistic work shall have the copyright therein. By such a work is meant in thif\ Act a Iitera.ry, scientific or artistic work of any kind, irrespective ofthe manner or f()rm of expression, such as: 1) writings of all kinds, 2) oral lectures, 3) works for stage perfonnance,dramatic and musical as well as choreographic and pantomimic; also radio plays, 4) musical works, with or without words 5) cinematographic works, 6) photographic works, 7) paintings, drawings, graphic and similar pictorial works, 8) sculpture of aU kinds) . 9) architectural works, drawings and models as well as the building itself: 10) pictorial \toven tissues and articles of artistic handicraft and applied art) the prototype as well as the work itself: . I ]) maps, also drawings and graphic and plastic: representations or portrayals of a scientific or technical nature, 12) computer programs, 13) translations and adaptations ofthe above-mentioned works. In the case of photographic pictures which are not a literary, scientific or artistic work, section 43 ashall upply.

§ 2. Subject to the limitations laid down in this Act, copyright shall confer the exclusive right to dispose ofu literary, scientific or artistic work hy producing copies thereof and hy making it available to the puhlic, be it in the original or an altered form, intranslution or l1daptation, in another literary or artistic form, or hy other technical means.

The transferring of a work to any device by which it can be reproduced shall also be considered a production of copies.

A work is made available to the public when it is perfonned outside private premises, or when copies of the work are offered for sale, rental or lending, or otherwise distributed or displayed outside such prQTIises.

~ 3. Both when copies of a literary, scientific or artistic work are produced, and when it is made available to the public, the author is entitled to have his name stated in the manner re4uired by proper'usage.

If another person has the right to alter a literary, scientit1c or artistic work or to make it available to the public, this must not be done in a manner or in a context prejudicial to the author's literary, scientific or artistic reputation or to his individuality, or prejudicial to the reputation or individuality of the work itself.

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The author may not waive his rights under the fir~t and second paragraphs, unless the

use of the work in question is limited in nature and extent.

If the work is made available to the public in such prejudicial fonn as is stated in the

second paragraph, the uuthor, even ifhe has given valid consent to the use of the work, shalt

have the right to demand either that he is not to be named as the author, or that it is stated in a

satisfactory manner that the alterations made do not derive from him. This right may not be

waived by the author.

§4. The author may not object to other persons using his scientific, literary or artistic work

in such a manner that new and independent works M'e created. The copyright in the new and

independent work shall not be 'subject to the copyright in the work that has been used.

Any person Who translates or adapts a literary, scientific or artistic work or converts it

into another iitcrary or artistic fmm shall have the copyright in the work in that form, but may

not dispose of it iinmch a manner as to infringe the copyright in the original work.

§ ~. Any person who by combining several literary, scientific or artistic works., or parts thereof, creates a collective literary, scientific or artistic work shall have the copyright in the collective work,but this right shall in no way restrict the copyright in the iridividual works of which the collcctlve work consists.

Unless otherwise agreed, the individual contributors shall be free to make their contributions public in another manner.

§6. Ifa literary, scientific or artistic work has two or more authors whose individual

contributions cannot he distinguished as separate works, the copyright in the work shall

belong to the authors jointly.

. For the initial issuing of such a work the consent of all the authors must be obtained, unless such consent has, C!xplicitly or tacitly, heen given in advance. The same shall apply to the issuing of such a work in another manner or in another form than previously. However, it may be reissued in the same manner at the demand or with the consent of each of the authors.

Each of the authors shall have the right to prosecute in respect of infringement~ of the copyright.

§ 7. Tn the absence ofproofto the contrary, the person whose name or generally known pseudonym, mllIk or ·symboJ is entered in the usual manner on copies of a work, or stated when the work is made avail&ble to the public, shall be deemed to be the author of the work.

If a work is published witho~t the name of the author being stated in accordance with the first paragraph, the editor, or ifhe isnot named either, the publisher, may !lct on behalf of the author until the latter's name is stated in a new edition or in a notification to the Ministry concerned.

§ 8. A literary, scientific or artistic work is i!lsued when with the consent of the uuthor it has been made 8vailahle to the public. A work of art is issued also when the author has assigned a copy of the work to another person, and such copy has been made available to the

ruhlic pursuant to sections 19, 20, 23 and 24.

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A literary, scientific or artlstic work is published when a reasonable number of copies thereofhave, with the consent of the author, been placed on sale or otherwise distributed to the public,

§9. Legal statutes, administrative regulations, court decisions and other decisions by public

authorities are not protected by this Act. This is alRo the case with proposals, reports and other

statements which concern the public exercise ofauthority, and which are made by a public

authority, a publicly a.ppointedcouncil or committee, or published by the puhlic authorities.

Similarly, official translations of such texts are not protected by this Act.

Literary, scientific or artistic works which have not been produced specially for use in

documents specified in the first paragraph, and from which parts are quoted or which are

reproduced in a. separate appendix, are not covered by this provlRion, Nor shall the first

paragraph apply to poetry. musical compositions or works of art.

§lO. RCbrlstration of a literary, scientific or artistic work as a design shall not affect the.
protection ofsuch work pursuant to this Act.
The layout-design of integrated circuits shall not be covered by this Act.

Chapter 2. Limitations on copyright

General provisions

§ 11. The provisions of this chapter shall impose no further restriction ofthe author's rights

pursuant to section 3 than that ensuing from section 29.

When a work·is publicly reproduced pursU!1J1t to the provision~ ofthis chapter, this may he done in the dimensions and fonn required for the purpose, but without thereby altering or prejudicing the character of the work. When a work is thus reproduced, the source shall alwuys be stated in the manner required by proper usage.

Making copies forpriv"te use

§ 12. Provided this is not done for purposes ofgain, single copies of a work that has been issued may be made for private use. Such copies may not be used for other purposes.

The-provision in the first paragraph shall not confer a right to: 11) copy an un;hitectural work through the construction ofa building, b) make machine-readable copies of computer programs, c) muke machine-readable copies of databases in machine-readable tom, or c) make copies of works of a.rt by means ofphotocopying, taking a cast or impression, or

by other similtif means ofreproduction ifthe copy may be perceived as an original.

The provil1ion in the firflt paragraph shall not confer a right to enga.ge outside assistance to reproduce articles of artistic handicraft and applied art, sculpture, pictorial wcavi.ngs or to make artistic reproductions ofother works ofart. Copies ofmus.ical works and cinematographic works may not be made by outside assistants participating for purposes of

gain.

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Making copies for use In educational activities

§ 13. Any person may for use in his own educational activities; by photocopying or similar

means of reproduction, make copies ofa published work, as well as make a fixation ofa work

that is included in a broadcast, ifhe fulfils the conditions for an extended co\1ectjve licence

pursuant to section 36, first paragraph. Works ofpictorial art and photographic works may

only be photocopied from a.reproduction in a book, periodical, newspaper or similar printed _

puhlication. Nor does this provision confer a right to make a fixation of a cinematographic

work which must be perceived as also intended for uses other than presentation via television,

un less only minor parts of the work are used in the broadcast.

Fixation centres which are approved by the Ministry may, for use in educational

activities, make fixations as specified in the 'first paragraph, if the centre fulfils the conditions

for an extended collective licence pursuant to § 36, first paragraph.

Copies made pursuant to thetirst and second paragraphs may only be used in

educational activities covered by the agreement under section 36.

The King wlIl.issue regulations concerning the storage and use of fixations. The King

may decide that schools and other educational institutions may make fixations for time

deferred use free of charge.

Teachers and pupils may make fixations of their own perfonnances of works for

educational use. ~ch fixations shall not be used for other purpolles.

Photocopying In instJtutions, commercial enterprises, etc.

§ 14. Puhlic and private institutions, organizations and commercial enterprises may, tC.)f use within their own activities,-make copies of a published work by photocopying or a similar means of reproduction, ifthey fulfil the conditions for an extended collective licence pursuant to section 36, first paragraph. Such copies may only be used within the activity which is covered by the agreement pursuWlt to section 36. Works of pictorial art and photographic works may only be copied from a reproduction in a book, periodical, newspaper or similar printed publication~ .

Fixations made in health Institutions, etc.

§ 15. Health institutions, homes for the elderly, prisons and similar institutions may make fixation!> of works that are part of a broadcast for presentation within a short period of time in the institution.

The King will determine which institutions shall have the right to make fixation~ as specified in the first paragraph, and will issue regulations regarding the use and erusure of such fixations.

M.aking copies in archives, Ubnrlcs Ilnd museums

§ 16. The King may issue rules regarding the right of archives, libraries and museums to make copies of works tor conservation and aafety purposes and other special purposeR.

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Making copies for the disabled

§ 17. From Ii published l,iterary or scientific work or musical work copies intended for the

use of the blind and persons whose sight is impaired may be made in a form other than a

sound fixation. Published literary or scientific works may be reproduced on film,· with or

without sound, intended for the use of persons whose hearing or speech is impaired.

The provisions of the first paragraph shall not confer a right to reproduce copies which

others have made with a particular view to the usos specified therein.

The King maydecide that certain specified organizations and libraries shall, on

stipulated terms, for the purpose of !,I'fatis lending to the disabled, have the right to make

copies ofpuhlished literary or scientific works by making a fixation on a device that can

reproduce them. In connection with the text of such works, issut.:d works of art and issued

photographic works may be reproduced on the fixation. The author is entitled to remuneration

to be paid by the State.

The King may issue regulations regarding the right to make a fixation of a published

film or picture, with or without sound, and of a transmitt.ed broadcasting programme not

essentially consisting of musical works. Such regulations shall only apply to such use as is

specified .in the third paragraph, and only be applicable when the person making the fixation

fulfils the conditions for an extended collective licence pursuant to section 36, first paragraph.

Collective works for use.,{n education, etc.

§ lB. In a collective work, intended for use in religious services or in education, and consisting of works by a large number of authors, minor parts of literary or scientific works or musical works or short works of this kind, may he reproduced if five years have elapsed since the expiry of the year in "which the particular work was published. In connection with the text Dr such works, works of art and photographic works may also be reproduced if five years have elapsed since. the expiry ofthe year in which the work was issued. A work created for use in education shall not be reproduced in 1.\ collective work compiled for the same purpose.

Copies of a published work may be made for use in apublic examination.

The author of the wMk shall be entitled to remuneration.

Distribution of copies

§ 19. When a copy of a work has heen sold with the consent of the author, the copy may be further distributed amongst the public. The same shall apply to copies of issued works, and any copy of a work of art or photographic work w.hich th~ author has assigned in any other

way.

The provisions of the first paragraph shall not confer a rental right, except in respect of buildings and works of applied art. Nor do the provisions confer a lending right in respect of machine~readable copies of computer programs. Exchanges that are carried out as an organized activity shall be considered on a par with rental.

Exhihition of copies

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§ 20. If a work has been published, or if the author has assigned copies of a work of art or a photographic work, the c.:opies may be publicly exhibited. Cupies of issued works of art and of issued photographic works may be publicly exhibited in an educational context. This provision shall not confer a right to exhibit a copy ofa work of art or a photographic work in a film or in a broadcast.

Performance in an educational context, etc.

§ 21. A puhHshed work may be perfonned publicly at religious services and in Iil1

educational context.

A published work may also be perfonned puhlicly:

u) at events where th; performance of litera.ry, scientific or artistic works is not the

primary feature, provided that the audience is admitted free of charge, and the eventis

not even indirectly organized for purposes of gain, b) at youth mt!etings that have not been arranged for purposes of gain.

This section shall not apply to cinematographic works or the stage performance of stage works or to the public perfonnance of databases in an educational context of a commercialnafure. Norshall the section confer a right to perform a work ina broadcast. The right to perform ltwork in an edu.cational context shall not apply to performances within the framework of organized concerts.

·Quotatjon

§ 22. An issued work may be quoted, in accordance with proper usage and to the extent

necessary to achieve the desired purpose,

Reproduction of works of art

§23. 19sucd worksof art and issued photographic works may be reproduced in connection

with the text of a critical or .. scientific treatise which is not ofa generally informative character; when this is done in accordance with proper usage and to the extent necessary to achieve thc desired purpose. Siibjcctto the same limitation an issued photographic work may also 'be reproduced, on payment of remuneration, in critical Or scienti tic treatises of a generally infonnativc character and in order to clarify the text in publications intended for instructional use. An issued portrait may be reproduced in a publication containing biographical material.

Issued works of art and issued photographic works may be reproduced in newspupers, periodicals and broadcasts in connection with the reporting of a current event. However, this shaH not apply to works that are created with a view to reproduction in newspapers, periodicals or broadcasts, The author shall he entitled to remuneration except in the case of a current event related to the work that is reproduced.

If a work orart or a photographic work has been published, or ifthe author hUE; assigned a copy of such u work, the latter may be included in newspapers, peri'odieuls, Jilmti or broadcasts, provided that the work forms part of the background or in like manner is of minor importanoe in the overall context.

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§ 24. Works of art and photographic works which fonn part of a collection or which are

exhibited or offered for sale may be depicted in catalogues of the collection and in

announcements of the exhibition or sale.

Works of artand photographic works may also be depicted when they are pennanently .

located in or near a public place or thoroughfare. However, this shall not apply when the work

is clearly the main motif and the reproduction is exploited commercially.

Buildings may be freely depicted.

News report In 11 broadc.ast or fllm

§ 25. If the pe.rfonnance or exhibition of a work forms part of a current event which is broadcast or filmed, brief excerpts from the work, or the entire work if it is of minor extent, may he included in the broadcast (lr film. In cases where the perfonnance or exhibition of the work only forms part ofthebackhJfOund or in like manner is ofminor importance compared to the main subject of the news report, the entire work maybe reproduced.

Public proceedlngs,-right of Information, etc.

§ 26. Proceedirlks in pUbfic assemblies, boards, councils and the like, in meetings of elected· public a.uthorities, in court cases and in public meetings held to discuss questions ofpublic interest, may, subject to the.limitations ensuing from section 28, be made available to the public by any person without the author's consent. An author shall. however, retain the exclusive right to publish a compilation of his own statements.

§ 27. Protection pursuant to this Act shall not preclude access to documents pursuant to the Public Administration Act and the Freedom ofInformation Act or other legislation. Nor shall the Act prevent a work from being used in connection with a search, an investigation or as evidence.

§ 28. The right to further reproduce dOicument~ invoked as evidence or ail an expert opinion, etc. in such proceedings liS are specified in section 26, and documents that may be inspected pursuant to legislation as specified in section 27, is dependent on the rules that otherwise apply. Nonetheless, such documents may be quoted in accordance with proper usage and to the extent necessary in ord~r to describe the proceedings or the matter for which the document has relevance, even if the work has not been issued.

Altera.tion of buildings and works of applied art

§ 29_ Build.ings and works of applied art may be altered without the author's consent when this is done for technical reasons or for utilitarian purposes.

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Special provisions regal-dinK broadc8I1tinr:. etc.

§ 30. The Norwegian Broadcasting Corporation and other broadcasting organizations, as

decided by the King, are entitled, on payment of remuneration, to broadcast a published work

if the organization. by agreement wjth an organization representing a large part of Norwegian

authors in the field in question, is otherwise entitled to broadcast works ofthe kind to which

the agreement applies, The same shallllpply to issued works of art and issued photographic

works.

If the parties to the agreement so agree, any dispute as to the interpretation of the

agreement shall be decidelpursuant to the rul.es prescribed in accordance with section 35,

first paragraph.

In the case of satel1ite broadcasting, the provisions of the first paragraph shall not

apply unless the broadcast from the same broadcasting organization is simultaneously

transmitted in the realm over a territorial network.

The provisions of the first paragraph shall not apply to transmission by wire. It shall

not apply to stage works an.d cinematographic works, nor to other works if the author has

prohibited broa.dcasting hy the Raid organization. or there is otherwise speciul reason to

assume that he is opposed to the work being broadcast.

§ 31. The No~gianBroadcasting Corporation and others who have a licence to operate a broadcasting organization may, by means oftheir own equipment and for use in their own broadcast~, make "tlxationsofworks on devices that can reproduce them, ifthey otherwise have the right to includethework.concemed in their broadcasts. The right to makesuch fixations available to the public shall be subject to the rules which are otherwise in force. The King will issue further regulations concerning the use anp storage of such fixations.

The provision in the first paragraph shall not conJer a right to combine film and sound by transferring a sound fixation to a film unless u pertonnance at the time of fixation forms part of the film.

§ 32. Discussion programmes which are broadcast and in which topics of public interest arc diHcussed may he publicly reproduced by anyone without the COnsent of the author. An author sha.ll, however, have an exclusive right to puhlish compilations of his own statements.

§ 33. The King may issue regulations concerning the right to make a tlxation of a transmitted broadcast for the use of an au~hor or a performer when use has been made of his work or performance in the broadcast. Similar provisions may he made for the benefit of others who have a particular need for a fixation.

Fixations pursuant to the first paragraph may only be used for the basic purpose for which the fixation was made. Further provisions may be laid down in the re1,'lJlations concerning the use and storage of such fixations.

§34. Works that are lawfully included in a broadcast may, by simultaneous and unaltered rctnmsrnission, be communicated to the public when the person effecting the retransmission fulfils the conditions for ali" extended collective licence pursuant to 'section 36, first paragraph,

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or retransmits with the pennission of Ii commission pursuant to the provisions of section 36, second paragraph. The exclusive right of the author as regards retransmission may only be exercised through an organization approved in terms of section 38 a. Retransmission of works originally broadcast by wire is not covered by this section.

Common provisioDli regarding compulsory licences, extended collective licences,

commissions, etc.

§ 35. Each ofthepmties may demand that remuneration pursuant to sections) 7, third

paragraph, 18,23,30 and 45 b shall be determined in a binding manner in accordance with

rules prescribed by the King. The King wi11lay down rules to the effect that a person who fails

to pay remuneration for which he is liable may, on the request of the person entitled thereto,

with binding effect be prohibited from making continued use of a work.

The King will issue rules regarding a commission as referred to in sections 34 and 45

1:1, fourth paragraph.

§ 36. When there is an agreement with an organization referred to in section 38 a which alI.aws such use 0+: a work as is specified in sections 13, 14, 17, fourth paragraph,· and 34,a user who is covered by the agreement shall, in respect of rightholders who are not so covered, have the right to use in the same field and in the same manner works of the same kind as those to which tho agreement (extended collective licence) applies. The provision shall only apply to lise in accordance with the terms of the agreement. The provision shall not apply in relation to the rights that broadcasting organizations hold in their own broadcasts.

As regards the retransmission of works pursuant to section 34, where negotiations on an agreement as referred to in the first and second sentences of the first paragraph, or· negotiations with a broadcasting organizl:ltion concerning an agreement, are refused or no agreement has been entered into within six months after the commencement of negotiations, each of the parties may demand that pennission and conditions for retransmission be detcnnincd in a binding manner by a commission pursuant to section 35, second paragraph. The provisionfl ofthe first paragraph shall apply correspondingly 1n such cases.

§ 37. Ln connection with the use of works pursuant to section 36, whatever the agreement, the commission or the organization receiving the remuneration for such use decides with regard to the collection and distribution of remuneration shall also be binding on the rightholdcrs who are not represented by the organization. Non-member rightholdcrs shall have the same rights as rightholders who are members of the organization to share in the fund.'> and benefits that are distributed or largely financed from the remuneration.

lrrespective"ofthe provision in the first para..wl:lph, anon-member rightholder who can substtlntiate that his work has been used pursuant to section 36 may demand that remuneration for such usc shall be paid to him. Such claim may only he directed to the organization which pursuant to section 36 has collected remuneration. Each party may demand that the amount of the remuneration be detennined pursuant to rules laid down by the King.

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§ 38. Should an agreement pursuant to sections 13, 14 and 17, fourth paragraph, not be

concluded, each of the parties may demand mediation in accordance with rules laid down by

the King. Where the parties so agree, permi!lsion and conditions for making copies may be

determined in accordance with the rules prescribed pursuant to section 35, first paragraph.

Such determination shall have the same effect as an agreement pursuant to section 36, first

paragraph.

Where the parties to agreements pursuant to sections 13, 14 and 17, fourth paragraph,

so agree, any dispute concerning the interpretation of an agreement may be decided in a

binding manner in accord~ce with the rules prescribed pursuant to section 35, first paragraph.

Should an agreement with a broadcasting organization concerning permission to make

fixations of the organization's broadcasts for such uses as are covered by section 13 or ] 7,

fourth paragraph, not be concluded, the provision in the !irst and second sentences of the first

paragraph shall apply correspondingly. In the event of a dispute regarding the interpretation of

such an agreement, the provision in the second paragraph shall apply correspondingly.

Where the parties concerned so agree, a dispute regarding the interpretation of an

agreement in respect of such retransmission as is specified in section 34 may in a binding

manner be decided hy the commission referred to in section 35, second paragraph.

§ 38a. Agreements intended to have an effect as specified in section 36, first paragraph, shall

be entered into b~ an organization which represents a substantial part of Norwegian authors in

the field, and which i~ approved by the MiniRtry. For use in certain specified fields, the King

may decide that the organization which is approved shali be a joint organiL.ation for the

ri ghtho Idersconcerned.

The King may issue further provisions regarding .the supervision ofthe organizations and funds which receive remunerati(')n for further distribution.

The organizations' right of action

§ 38 b. An organiza.tion referred to in section 38 a may. in the absence of !lny objection from the nghtholder, demand that a user who has not entered into I>uch an Bhl'feement liS is referred tu in section 36 shall be prohibited hy a court judgment from unlawfully exploiting a work in II manner thut is covered by the provisions of sections 13, 14, 17, fourthpilragraph, or 34. The same shall apply to uuser who is party to such an agreement and who fails to pay the agreed remuneration.

Similarly, an organization referred to in section 38 a may. in the absence of any ohjection from the rightholder, submit a claim pursuant to sections 55 and 56 of this Act against anyone who bas undertaken such unlawful use as is referred to in the first paragraph. If the perHon who has unlawfully exploited a work bas sati~ed the organization's claim, the rightholder's claims as regards the same use may only be directed to the organization, which is then obliged to pay the rightholder what he is entitled to.

Chapter 3. Transfer of copyright

General provisions

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§ 39. Subject to the limitation ensuing from section 3, the author may~ wholly or partlY,

assign his right to dispose of a literary, scientific Or artistic work.

Assignment of a copy shall not include assignment ofthe copyright or any part thereof, even ifit is the original that iSE\Asigned. Assignment of copyright does not include ownership of the manuscript or any other copy that is delivered in connection with the assignment.

§ 39 11. If the author has assigned the right to usc the work in a specific manner or by speciticmeans, the tlssih'Tlee shall not have the right to luse it in another manner or by other means.

AlterBtin~JS lind further .assignment

§ 39 b. Assignment of copyright shall not conter a right to alter the work unless otherwise agreed.

Nor may any further assignment of copyright be made without consent, unless the copyright belongs to a bUSiness or to a part thereof and is assigned together therewith. The assif,'Tlor shall remain liable for the fulfilment Of the agreement with the author.

Checking aceouTUs

§ 39 c. If the author's remuneration is calculated on the basis of the assignee's turnDver, sales figures, etc. the authorinay demand that a statement of accounts be rendered at least Dnce a year. Similarly, the author may demand that each statement be accompanied by detailed infonnation regarding the matters on which the calculation ofremllneration is bused.

. Th'e authi.)r may demand that the assignee's balance sheets, account books and stock, as well as certificates from the person who has exploited the work, shall be placed at the dispDsal of a state-authorized accountant or registered auditor who has been appointed by the authDr. The aCCDuntant Dr auditor shall inform the author as to' the accuracy ofthe statement of accounts that heR been drawn up, and as to any irregularities therein, but otherwise he has U duty ofconfidentiality as regards all other mat~ers of which he may learn in the course of his examination.

The provisions of this section may not be departed from in a manner prejudicial to the author.

Agreements regarding performance

§ 39 d. Assignmentof the right to perform a work publicly shall not give the aSiiignee an exclusive right unle~s this has heen agreed. Unless otherwise agreed, such assignment shall be valid for three years. '

Even though an exclusive right ofperfonnance has heen as~igned, the author may, unless otherwise agreed, himself perform the work or assign the right of performance to l\notherperson, ifthe aSHignee has for three consecutive years failed to exercise the right.

The provisions of this Hcction shall not apply to cin~matographic works.

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Publishing Itgreements

§ 39 e. By u publishing agreement the author assigns the right to reproduce Ii work by means

of pr.inting or a similar process, and to publish the work in that form.

Insofar as apub1ishingagr~ement confers an exclusive right, the publisher is obliged to publish the work within tl reasonable period of time and ensure that it is distributed in the usual manner. If, after the work has been published, the publisher docs not ensure that copies of the work are made available to the public within a reasonable period of time after having been requested to aoso by the author. the author may rescind the agreement and retain the fee received.

Unless otherwise agreed, the publisher shall have the right to publish up to 3,000 copies of the work. but if the publication comprises only musical works, not more than 1,000 copies, and when the publication comprises only works of pictorial art, not more than 200 copies.

When more than one year has elapsed since the publisher published the work, or more than one year has elapsed since the author last made alterations in the work, the author shall be entitled, if further copies are to be made. to make alterations which do not entail disproportionate expense or alter the character of the work.

When 15'e~s have elapsed since the expiry ofthe year in which the publisher first published the work, the author shall have the right to include the work in an edition of his collected or selected literary workA. The right to publish such an edition shall first be offered to the publisher or, if the author's works have been published by several difft:rent publishers, to the publisher who may be considered his mllin publisher.

The author may claim compensation for any damage resulting from default. However, this shaH not app.Jy insofar as it is substantiated that the damage is due to an obstacle which was beyond the publisher'S control, and which the publisher could not reasonably have been expected to have taken into consideration at the time the agreement was made or to U\l.(lid or overcome the consequences thereot~ If the damage is caused by a third party whom the publisher has charged with taking the action 'necessary to fulfil the agreement, the publisher shall only be free from liahility if the third party would also have been exempt from liability pursuant to the provisions ofthispllnlbrraph.

In the case of serious default on the part of the publisher as regards his obligations pursuant to the publishing agreement, the author may rescind the agreement, retain the 1ee received and claim compensation in accordance with the rules in the sixth paragraph for damage that is not coverod by the said fee. ...

Any agreement that to the detriment of the author significantly deviates from the provisions of the second, sixth und Ileventh paragraph cannot be applied. The author may not waive his right pursuant to the fifth paragraph.

The provisions of this sectfon shall not apply to agreements concerning contributions to newspapers or periodicals, or agreements concerning contributions which arc to be used as illustrations in works thatjlre to he published. The provisions of the second and third paragraphs shall not apply to agreements concerning contributions to collective works. The provisions of the second paragraph shall not apply to agreements concerning translations.

Agreements regarding the production of cinematographic works

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§ 39 f. If the author has as~igned the .right to use a work for a film, the assignee shall, unless otherwise agreed, be obliged tu produce the cinematographic work within a reasonable period of time and ensure thatit is communicated to the public. In the case ofserious default on the part of the assignee, the author may rescind the agreement, retain the fee received and, pursuant to the provisions of section 39 e, claim compensation for damage not covered by the said fee.

Unless otherwise agreed, the assignment of a right to produce a cinematographic work comprises the right to

Computer programs

§ 39 g. Copyright in a.cGmputer program which is created hy an employee in the execution of

duties for which he is employed or in accordance with thcinstructions ofhis employer shall, subject to the limitation ensuing from section 3, devolve on the employer, unless otherwise agreed, '

§ 39 h. Any person having a right to use a computer program may make copies of, alter and adapt the program insofar as is necessary for the use of the program in accordance with its intended purpose, including the correction of errors in the program.

Any personhaving a right to use a computer pro!,TfarTI may make a backup copy insofar as it is necessary for the use ofthe program,

Any person ha~ing>a right to use Ii copy of a computer program may, in connection with such louding, displaying, rUlming, transmission or storage ofthe program as the user is entitled to pcrfonn, observe, stUdy or test the functioning of the program in order to detennine the ideas and principles which underlie the various elements of the program. .

Any personhavins a right to use a database, may perfonn such acts !l~ are necessBIY to access and make normal use of the contents of the datahase No departures from the provisions of the second, third or fourth paragraphs may be made by agreement.

§ 39 i. It is pcnnissiple to make a copy of the code of a computer program and translat~ the farm of the code when this is indispensable in order to obtain the intonnation necessary to achieve the intcroperability of un independently created computer program with other programs, jf a) these acts are performed by a person having il right to Ui~e a copy of a computer

program, or on his behalfby a person authorized to do so, b) the information necessary to achieve interoperabilityhas not previously been readily available to the persons referred to in Iitra a), and

IPINIlINORlC/3

Page 15

c) these acts are con.flned to the parts of the original program which are necessary to

achieve interoperability.

The information obtained through the application of the provisions· of the first

paragraph shall not

a) be used for purposes other than to make possible the interoperability of the

independently created computer program,

b) be given to others, except when this is necessary in order to make possible the

interoperability of the independently created computer program, or c) be used for the development, production or marketing of a computer program

substantially similar to the original in its expression, or for any other act which

infringes copyright in the program.

No departures from the provisions ofthis section may be made by agreement.