- 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
- 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.
- Proposition No. 54 to the Odelsting regarding the Act relating to amendments of the Copyright Act, etc
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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
IP/N/1/NOR/C/3 Page 14
§ 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
| a) | make copies of the cinematographic work, |
| b) | make the cinematographic work available to the public by distributing copies and hy |
| showing the work, and | |
| c) | furnish the cinematographic work with subtitles or translated speech. |
| The'provision in the second paragraph shan not apply to | |
| a) | already existing works, |
| b) | screenplays and musical works specifically created for use in the cinematngraphic |
| work, or | |
| c) | the principal direction of the cinematographic work. |
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.
CommtSllionedportraits
§ 39 j. The author may not exercise his rights relating to a commissioned portrait without the
consent of the person who commissioned it..
ffthe portra.it is a photographic work, a copy of it may in the usual manner be exhibited as an advertisement for the author'S photographic activities, provided the person who commissio~ it does not prohihit such exhibition.
With regard to protection of the subject of the portrait, the provisions of section 45 c shall apply even if the port.Tait is not aphotographic work.
§.39 k. After the author's death the rul~s relating to inheritance.• the community property of spouses and the right of the surviving spouse to remain in possession of the undistributed estate shall also apply to the author's copyright. .
In his will the author may, with binding effect also 8!> regards the surviving spouse and the heiT/\ ofhis body, make prOVisions a~ to the exercise of his copyright or empower another person to make such provisions.
If a copyright has been inherited from the author by several persons jointly, the provisions oi'section 6 shall apply correspondingly unles!\ otherwise provided pursuant to the second paragraph.
. Any inmngement of such provisions as are referred to in the second paragraph or of the provisions of seCtions 3 and 11, second paragraph, may be prosecuted both by the author's surviv.ing spouse and by any other ofhts relatives in direct line of ascent or descent, brothers and 1'1sters, or by the person appointed pursuant to the second paragraph of this section.
§ 39 I. The author',; right to dispose of a literary, scientific or artistic work shall not be subject to execution or any other .enforcement measure on the part of his creditors, either against himself, or against any person to whom, on the author's death, the copyright has passed in accordance with section 39 k, first paragraph.
The same shall apply to manuscripts Dr similar copies, plates, moulds, etc. which have been created to serVe as u means of producing copies of a specific work of art, and to works of ~rt whie-h have not been exhibited, offered for sale or in any other way approved for public
lSI1Ue.
IP/N/1/NOR/C/3 Page 16
Right of remuneration for the rental of fiJms and phonograms
§ 39 m. If the author has assigned to l1 film-or phonogramproducer the right to make a film or phonoh'TRm available to the public by way of rental, the author shall retain the right to obtain an equitable remuneration from the producer. Exchanges that are curried out as an organized activity shall be considered on a par with rental.
No departures from the provisions of this section may be made hy agreement.
Chapter 4. Term of protection of copyright
§ 40. Copyright shall subsist during the lifetime ofthe author and for 70 years after the
expiry of the year in which-the author died. For such w(lrks as are referred to in section 6, the
period of70 years shall be calculated from the expiry of the year in which the last surviving
author died. In the case of cinematographic works,the term of protection shall run from the
expiry of the year of the death of the last of the following personA to survive: the principal
director, the author of the screenplay, the author of the dialogue and the composer of music
specifically created' for use in the cinematographic work.
§41. If a work has been issued without stating the author's name, a generally known
pseudonym, mar~or symbol, the copyright shall subsist for 70 years after the expiry of the
year in which the work was first issued. If the work consists of several parts, the tenn of
protection shall be cl:l.lculated separately for each part. The copyright in works by an unknown . author shall subsist for 70 years after the expiry of the year in which the work was created,if
the work is not issued during this period.
If during this period the name of the author is made known in accordance with section 7, or ifit is established that he died before the work wlisissued, the term of protection shall be determined pursuant to section 40.
§41 Q. Any person who for the tirst time lawfully makes available to the puhlic a literary, scientific or artistic work which has not been issued before the expiry of the term of protection pursuant to sections 40 and 41 shall be entitled to the sarneright as an author pursuant to section 2. This right shall subsist for 25 years after the expiry of the year in which the work was first made available to the public. .
Chapter 5. . Other rights
| § 42. | A performing artist's pert(lrrnance of a w.ork ma9 not without the consent of the artist |
| he: | |
| a) | fixed on film or on !l device which can reproduce the performance, |
| b) | broadcast, or |
| c) | in any other manner through simultaneous transmission by technical means made |
| publicly available to a group of persons other than that for which the artist is directly | |
| performing. | |
| If u fixation of a performing artist's performance is made as specified in the tirst |
paragraph, litra a, no copies shall be made of it, nor shall it be made available to the puhlic
lhrough th;; diHtribuLion of ~PP1Ctl, without the COOBcnt of thc urtil3t, until 50 ycur~ hove clop~ccI
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Page 17
since the expiry of the year in which the performance took place. If the fixation is issued
during this period, the tcml of protection shall subsist tor 50 years after the expiry of the year
in which the fixation was first issued. .
When a copy of a fixation which reproduces a perfonning artist's performance of a
work has been sold with the artist·s consent within the European Economic Area, the copy
may be further distributed by means other than by rental. The same shall apply when the artist
has within the said area assigned acopy of an issued sound fixation or a film which
reproduces such a performance.
Unless otherWise agreed, an agreement concerning the production of a film of the
performance of Ii perfonning artist shall also include the right to rent out copies ofthc film.
The provisions of sections 2, third paragraph. 3, 6 to R, 11 to 13, 15, 16. 17, first,
second and fourth paragraphs, 18,21.,22,25,27.28.31,33 to 39 c, 39 k to 39 m and 50 shall
apply correspondingly. The provisions of section 3, cf. section 39 k, fourth paragraph, shall
apply correspondingly also when a performing artist's performance of a work is made
available to the public by means of a fixation.
The provisions of section 45 b and Act NO.4 of 14 December 1956 shall apply
concerning the right otherwise to use such fixations as are specified in the first paragraph,
litra n.
§ 43. A person "'ho produces a formula, catalogue, table, program. databaseor a similar
work in which a large number of items of infonnation has heen compiled. or which is the
result of a substantial investment, shall have the exclusive right to dispose of all or a . substantial part of the contents ofthe work through the producing of copies thereofor through
making it available~to the public.
The exclusive right under the preceding paragraph applies correspondingly when insubstantial
parts of works as mentioned. are repeatedly and systematically reproduced or made available
to the pubJi c, if this constitutes actscontl icting with a normal exploitation of the work or
which unreasonably prejudices the producer's legitimate interests.
The exclusive right to a work mentioned in the first paragraph shall suhsist for 15 years
following the expiry ofthe year the work was produced. If the work during this time is made
available to the public, the term of protection shall subsist for 15 years following the expiry of
the year the work was first made available to the puhlic.
rf a work of the kind specified in the preceding paragraph is wholly or partly suhject to
copyright, such right may also be enforced. .
The provisions of sections 2, second and third parablfaph. 6 to R, 12 to 22, 25,27,28
30 to 38b (lnd 39 h, fourth and fifth paragraph shall apply correspondingly.
Agreements extending the producer's right beyond what is provided by the tlrst
paragraph to a work that has been made available to the public, are unenforcable.
§ 43 B. A person who produces a photographic pictUre shall have the exclusive right to make
copies thcreofby photography, printing, drawing or any other process, and to make it .
availahle to the public.
The exclusive right to a photographic picture shall :mbsist during the lifetime ofthc
photographer and for 15 years after the expiry of the year in whil:h he died, but for not less
than 50 years from the expiry of the year in which the picture was produced. If the exclusive
IFINIlINORlC/3
Page 18
right is shared by two or more persons, the tcnn of protection shall run from the expiry of the
year in which the last surviving person died.
The provisions of sections 2, second and third paragraphs, 3, 6 to 9, 11 to 2I) 23 to 2R,
30, 31, 33 to 39 f and 39 j to ~9 1shall apply correspondingly to photographic pictures to the
same extent that they apply to photographic works.
If a photograph is subject to cop}Tight, such right may a.lso be enforced.
§ 44. Press reports which according by contractual arrangement are supplied by foreign news agencies or. by correspondents abroad may not without the consent 0 f the recipient be
. .
communicated to the public through.the press or through broadcasting until 16 hours after
they have been issued in this country.
In all cases where a press report from a news agency, newspaper, periodical or broadcasting service is reproduced by the press or by a broadcasting service, the source shall be stated in the manner required hy proper press usage.
§ 4~. Sound fixations and films shall not, without the consent of the producer, be made avai.lable ~o the public by distributing copies of the sound fixation or film until 50 years have elapsed since the expiry ofthe year in which the fixation or film was mad.e. Nor shall copies of the sound fixat10ri or film be made before such time without the consent of the producer. If the fixation is issued during this period of time, the tenn of protection shall subsist for50
years afterthe expiry of the year in which the fixation was first issued.
When a copy ofa sound fixation or a film has been sold, with the consent of the producer, within the EuropeanEconomic Area, the copy may be further distributed by any means other than hy rental. The same shall apply when within the said area the producer has a~signed a copy of an issued :sound fixation or film.
The provisions ofsectiomr2,third paragraph. 7, 8, 12,13.15 . 16,17, first, second und fourth paragraphs) 18) 22, 25,27,28, 31,33 and 35 to 38 h shall apply correspondingly~
§ 45 a. A broadcast or a part thereof may not, without the consent of the broadca.sting organization Ii) be fixed ona device which can reproduce it, b) be transmitted by wireless diffusion or retransmitted to the public by wire or c) otherwise be communicated to the public for purposes of gain.
If a transmission has been fixed on a device as referred to in the first paragraph. it shall not, without the consent of the broadcasting organization, be tran~ferred to another device until 50 years have elapsed since the expiry of the year in whi~h the first transmission took place.
A broadcast may, on conditions to be prescrihed. by the King. be transmitted direct within an industrial or other enterprise by means of Ii radio or television receiver.
If Ii party should refuse to enter into negotiations concerning pennission for simultaneous and unaltered retransmission to the public by wire of un originally wireless hroadc!\~t, or ifno agreement has been concluded within six months after the commencement of negotiations, each of the parties may demand that permission and conditions for retransmission ~hall he determined by a commission pursuant to the provisions of section 35, second paragraph, ofthis Act.
IP/NIl/NORlC/3
Page 19
The provisions of sections 7, 8, 12, 1S, 16, 18, 21, first paragraph, 22, 25, 27, 28, 31,
32,35 and 38, third and fO\.lrth paragraphs, shall apply correspondingly.
§ 4~ b. When sound fixations of the pertonnances of performing artists are communicated to
the public by means of a broadcast or retransmission of a broadcast within the period of time
specified in section 45, both the producer ofthe fixation and. the performing artists whose
performances are reproduced are entitled to remuneration. If two or more artists have
cooperated in the performance, they shall jOintly present their claim for remuneration.
A claim for remuneration shall be presented to those who are liable to pay it through a . collection and distribution organization approved by the Ministry concerned. The King may issue further rules for the collection and distribution of remuneration. The provisions of sections 3, 22 and 25, cf. section II, and section 39 k, fourth parah'Taph, shall apply cOITespondinglY. The provisions of this section shall not apply to sound film.
Chapter 6. Various provisions
§ 4S c. Photographs of a 'person shall not f)e reproduced or publicly exhibited without the consent ofthe s~ject of the picture,-except when a) the picture is of current or or general interest, b) the picture of the person is less important than the main contents of the picture,c) the subject of the picture is a group assembled for a meeting. an outdoor procession or
situations or events ofgeneral interest, d) a copy of the picture is exhihited in the usual manner as an advertisement of the photographer's work and the subject of the picture does not prohibit this, or e) the picture is used as specified in section 23, first paragraph, third sentence, or section
27, second paragraph.
The term ofprotection shall apply during the lifetime of the subject of the picture and for 15 years after the expiry of the year in which the subject died.
§ 46. A literary; scientific or artistic work shall not be made available to the public under a title, pseudonym, mark or symbol that is likely to cause confusion with a previously issued work or its author.
§ 47. The name, mark or symbol of an author shall not be placed on a copy of a work of art by any person other than himself: uniess he has. given his consent thereto. The author's name, mark or symbol shall in no case be put on an imitation of a work in such a manner that1he copy may be confused with the original.
§ 4ft Even if the term ufprotection of copyright has eJ(.pired, U literary, scientific or llrtistic work may not be made available to the public in a manner or in a context which is prejudicial to the author's literary, scientific or artistic reputation or individuality, or to the reputation or individuality of the work itself, or which may otherwise be considered harmful to general cultumI intt.:reSls.
IP/N/1/NOR/C/3
Page 20
Irrespecti ve of.whether the tenn of protection has expired or not. the Ministry , concerned may, if the author is dead, prohibit a literary, scientific or artistic work from being made available to the public in such a way or in .such a context as is referred to in the first paragraph. A similar prohibition may also be imposed by the Ministry at the request of II living author if the work in question is not protected in the realm.
The provision in section 3, first paragraph, shall apply correspondinglYI even if the tenn ofprotection of the copyright has expired or ifthe work is not protected in the realm.
§ 49. If cin.:umstances necessitate the destruction of the original copy. the author, if he is
alive, shall be notified in reasonahle time, if this can be done without particular disadvantage;
If the possessor of the original copy of a work without reasonable groWlds prevents the author 'lTom exercisIng his exclusive right pursuant to section 21 he may by court judgment be ordered to give the author such access to the said copy as the court finds reasonable. The court will make its decision after taking into consideration all the existing circumstances, and may make the author's access tothe copy 'conditional on his providing security, or impo~e other conditions.
Such proceedings as are referred to in the second paragraph may only be brought by the author personally with the consent of the Ministry concerned.
§ 50. Irrespective of any arrangement relating to property made hetween a husband and wife, an author who is married shall always retain sole control of his copyright. If community property is divided during the lifetime ofthe author, his copyright shall be excluded from the settlement.
§ 51. Repealed hy Act No.27 of2 June 1995, from 30 June 1995.
§ 52. Printed works shall bear the number of the edition, the mune of the printers, the place where the printing was carried out and the year of printing. Graphic works and printed reproductions of musical works shall also be supplied with u serial number within the edition.
§ 53. A council of experts consisting of representati ves of authors and of industries or trades conncctcd with the exploitation of literary, scientific or artistic works shall assist the Ministry concerned in the exercise of its duties pursuant to this Act.
Cases relating to prohihitions pursuant to section 4R, and to the institution oflegal proceedings pursuant to section 49, shall always be submitted to the said council of experts before the Ministry makes its decision.
The council, or a committee thereofl shall also have a duty to provide, when SO requei;ted, expert opinions for use by the courts in questions connected with this Act, and shall also act as an arbitration court in such cases if the parties agree to this.
The Ministry :;hall ~ppoint the morn bers 0 f the council and shall issue regulations relating to the organization and activity of the council, and the remunerution of its members.
Chapter 7. .Penallianctions, compensation and confiscation
IP/NIl/NORlC/3 Page 21
§ 54. Any person,who wilfully or negligently contravenes this Act shall be liable to fines or to imprisonment for a tenn not exceeding three months ifhe a) infringes provisions laid down for the protection of copyright in or in accordance with
Chapters 1 and 2, the provisions of section 39 j or 41 H, or prohibitions imposed pursuant to section 35 or 48, or provisions made hy the author pursuant to section 39 k, second pHfagraph~
b) infringes provisions laid down in or in accordance with Chapter 5, sections 45 c, 46, 47 or 48, last paragraph,
c) imports copies of literary, scientific or artistic works or of such works and fixations as arc specified in sections 42, 43, 43 a, 45 and 45 a with the intention ofmaking them available to the public, when the copies have been produced ahroad under such circumstances Shat a similar production in this realm would have heen unlawful, or
d) offers_or otherwise makes available to the public such works Or fixations as are specified in sections 42, 43, 43 a, 45 or 45 a, when the copies have been produced contrary to these provisions or imported contrary to litra c ofthis section,
e) imports cfipies of such fixations as are specified in section 45 with the intention of making them available ta the general public for gain, when the producer has not consented to ~uch import and copies of the same fixation are offered for sale in the realm with the consent ofthe producer. The Ministry may hy regulations make . exceptions to this provision for the import of copies from speCific countries,
Any person who wilfully or negligently is an accessory to any infringement specified in the first paragraph shall be liable to the same penalty.
If any infringement mentioned in the first and second paragraph is wilful, and has been· committed under particularly aggravating circumstances, the penalty shall be fines or imprisonment for a term not exceeding three years. In assessing whether particularly . aggravating circumstances subsist, importance shall primarily be attached to the damage caused to the copyright owner and others, the profit gained by the offender and the general extent of the infringement.
Any attempt at a wilful infringement as specified in the first to third paragraphs may be punishable in the same way as the completed crime. Any person who wilfully or negligently fails to insert in a work f()r the printing of which he is responsible the information specified in section 52 shall be liable to fines.
Infiingemept of the third parab'Taph, cf fourth paragraph, shall be subject to pU.blic prosecution. Infringement of the other provisio1}s,ofthi~ section shall not be subject to puhlic prosecution unless it is so requested by the a.ggrieved party or by an orga.nization, cf. seventh paragraph, or required in the public interest.
If this Act has b,een infringed through use of a work in a manner specified in sections 13, 14 lind 17, fourth paragraph and section 34, prosecution may, insofar as the aggrieved party does not object thereto, be demanded also by the organization entitled to enter into agreements pursuant to section 36.
IPINIIINORlC/3
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§ 54 B. TIle sale ot: or possession for purposes of gain, of any means the sole purpose of
which is to facilitate the unlawful removal or circumventionoftechnicul devices for the
protection of a computer program, is prohibited.
Any infringement sha.1l be punishable in accordance with the provision in section 54.
§ 55. Any damage caused by an infringement mentioned in section 54, or by an infringement of section 49, first paragraph, is subject to a claim for compensation according to the rules ofcompensation generally applicable. If the right of an author or a performing artist, or the right of a subject ofa picture according to section 45 c) has been inliinged wilfully or by gross negligence, the court may also award him a sum of money as redress for damage of a. noneconomic nature.
Even ifthe offender has acted in good faith, the aggrieved party may, irrespective of the extent of the damage, demand payment of the net profit accruing from the unlawful act.
§ 56. All copies df a literary, scientific or artistic work or other work which have been unlawfully produced, imported or made available to the public in the realm may bycourt judgment be confiscated fi)r the benefit of the aggrieved party, or assigned to him in return for remuneration not exceeding the cost of production. The same shall apply to type matter, printing blocks, .1tmns, etc., which can serve no other purpose than the unlawful production or exploitation of a work.
In lieu of confiscation or assi1:,rnrnent, the aggrieved party may demand that the article in question shall be wholly or partly destroyed, or rendered useless for the unlawful production or exploitation Df the work. If substantial economic or artistic values would therehy be lost, th~court may nevertheless in certain circumstances permit the copies produced to be made available to the public in return for c()mpensation or redress to the aggrieved party.
The provisi~ns of this section shall not be applied to a person who in good faitl) has acquired a copy of a work for his 'own privl:1te use, except as regards the casting of a sculpture. Nor shall they be applied to buildings, but the aggrieved party may in certain circumstances demand a.lteration of the building, compensation or redress. Nor shall the provisions be applied to such press reports as are referred to in section 44.
Chapter 8. The scope ofthe Act.
| § 57. | The provisions of this Act concerning copyright shall apply to: |
| u) | literary, scientific or artistic works created by a Norwegian national or by a person who |
| is resident in the realm, | |
| b) | literary, scientific or artistic works first published in the realm, or which have been |
| published simultaneously here and in another country, | |
| c) | cinematographic and television works, the producer of which has his headquarters in |
| the realm or is resider){: here, | |
| d) | buildings erected in the realm, |
| c) | works of art and photographic worki\ placed in buildings or permanent structures |
| situated in the realm. |
IP/NIl/NORJC/3
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Siniultaneous publication as specified in the first paragraph, litra b, shall be deemed to
have taken place When the work in question is published in the realm within 30 days of the
first publication.
The producer pursuant to the provision in the first paragraph. Iitra c, shall be det:TTled,
unless otherwise indicated, to be the'person whose name is stated in the usual manner on
copies of the cinematographic work.
The prOvisions of sections 46,47 and 48 shall apply without the limitations stipulated
in the preceding paragraphs.
The provision in section 41 a shall apply to literary, scientific or artistic works which
have been made available to the public by a Norwegian national or a person who is resident in
the realm, or bya company which has 8 Norwegian board of directors and whose registered
office is in the realm.
§ 58. The provisions of chapter 5, except for sections 43, 43a Elnd 44 and the right of
distribution referred to .in sections 42 and 45, ~hall apply for the benefit of works created by
a) a Norwegian national or a'person who is resident in the realm.
b) a company which has a Norwegian board of directors and whose registered office is in
the realm.
The provisions of sections 42 and 45 a shall, moreover, also apply to performances Wld broadcasts whic~take place in N9rway. The provision concerning the right of distribution in sections 42 and 45 shall apply to sound and film fixations made in Norway. The proviSion in section 45 concerning the right to make copies shall apply for the benefit of all sound and film fixations. The pro'Vision in section 43 shall apply to works that are produced by a person who is a national of or resident in or who has his registered office in a country within the European' Economic Area._The provision in scction 44 shall apply to press releases which are received in Norway. The provision in section 43 a shan apply to photographic pictures first published in the realm or which have been produced by a person who is a national of or resident in or who has his registered office in a country within the European Economic Area. The same shull apply to photographs placed in buildings or permanent structures situated in a country within the said area.
The provision in section 45 c shall apply to pictures of persons who arc or have been resident in the reulm.
§ 58 D. When works or perfonnances are hroadcast by satellite from a country outside the European Economic Area, this Act shall apply if the satellite receives signals from Norway or ifthe hroadcast is commissioned by a broadcasting organization which has its headquarters in the realm. Thls provision shall apply only if the l1lles of the transmitting country regarding the right to broadcast works and performances do not provide protection corresponding to that provided under this Act.
§ 59. On condition of reciprocity, the King may issue regulations to the effect that the provisions of this Act shal1 apply, wholly or partly, to works which have a specific connection with u foreign state.
The King may further decide that the provisions of this Act shall wholly or partly apply to literary, scientific or artistic works puhlished by a supranationul organization, and unpublished works wh.ich such organization has the right to puhlish.
IPIN/IINOR/C/3
Page 24
The provision shall apply correspondingly to the works described in chapter 5.
Out of consideration for an agreement with a foreib'l1 state, the King may furthennore issue special provisions concerning agreements regarding the assignment of the right to make a film of a work tor cinem~ or television, including the works to which the provisions shall apply.
§ 60. This Act shall also apply to literary, scientific and artistic works and other works produced prior to the entry into force of this Act.
Copies that have lawfullybeen produced prior to the entry into force of this Act may continue to be distributed or exhibited outside private premises, but in such a way that the. provisions of sections 19,42 and 45 and the provisions of section 19 regarding the lending of machine-readable copies of computer programs shall also apply in such cases.
Chapter 9. Entry Into force of the Act and amendment of other statutes.
§ 61. lllis Act enters into force on 1 July 1961From the same date the Act of 6 June) 930 relating to literary, scientific and artistic works is repealed.
Refer·enc~ in other statutes to the Act of 6 June 1930, or to the Act of4 July 1893 relating to authors' copyright and artists' rights, with the amending Act of25 July 1910, shall apply to the corresponding"provisions of this Act.
IPINIlINORJC/3
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Proposition No. 15 to the Odelstlnget regarding the Act relating to amendments in the Copyright Act, etc.
Entry into force and trans.ltlonal provisions
I. This Act shalt enter into force from such date as the King will decide. The individuulprovisio~s of the Act may be brought into force at various times.
- From such time as this Act comes into force, Provisional Act No. 40 of 8 June 1979 relating to photocopying, etc. ofprotecte<i works for use in educational activities shall be repealed.
- The following transitional provisions shall apply in respect of amendments to the Copyright Act: a) Except for what. follows from section '60, second paragraph, as the said paragraph reads after amendments of this Act, and litra b) to e) and g) below, the amendments to this Act shall not apply to actions carried out or rights acquired prior to the entry into force of this Act. b) Any person who, prior to the entry into force of this Act, has lawfully acquired a copy of a work of art shall be deemed also to have acquired the right to rent out the copy, unl~s otherwise agreed, c) Unless otherwise agreed. an agreement concerning a sound fixation or film of the pertonnance of a perfonning artist which was concluded prior to the entry into f()rce of this Act shaH also include the rental right in respect of copies of the sound fixation or the film: . d) Unlessotherwise agreed, an agreement regarding the use of a sound fixation in a film which was concluded prior to the entry into force of this Act shall also include the rental right in respect of copies of the film. e) Unless otherwise agreed. an agreement regarding the 8ssibJIlment of a sound fixation or film which was concluded with the producer prior to the entry into force of this Act shall also include the rental right in respect of copies of the sound fixation or film, t) . A work of art which has been included in a popular educational production pursuant to section 13, second paragraph, or of which a picture has been included in the production pursuant to section 23, third paragraph, second sentence, as the~e provisions read prior to the amendments of this Act, may be included in new editions of the publication up to I January 1999. g) For agreements which were concluded prior to the entry into force of this Act, a new section 58 a shall nM be applied until I January 2000.
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Proposition no. 34 to the Odelsting regarding the Act relating to amendments of the Copyright Act, ctc.
Commencement and transitional provisions
I. This Act shall enter into force from such date as the King will decide. From such datt.}as this Act comes into force, Act No.1 of 17 June 1960 relating to rights in photographic pictures shall be repealed.
2. The following transitional provisions shall apply in respect ofthe amendments to this Act: a) The amendments to this Act shall not apply to actions carried out or rights acquired prior to the entry into force of this Act. b) If~ prior to the entry into force of this Act, work has commenced on the production of copies or substantial preparations have been made to produce copies of a work or works referred to in Chapter 5 and which under the former rules are not protected, the production of copies may, regardless ofthe new terms of protection, to the extent necessary and usual~ be completed as planned, but not later than by I January 2000.
C~ies produced pursuant to the first paragraph may be distributed or exhibited outside private premises, hut so that the provisions relating to rental in sections 19,42 .and 45 and the provisions of section 19 regarding the lending ofmachine-readable copies of computer programs shall apply also in such cases.
The provision in the first paragraph shall not apply to the production of copies by copying a sound fixation: c) If a work or a work referred to in Chapter 5 forms part of a fixation made with a particular view to use in broadcasting, and the fixation was made when the work or work, under the fonner rules, was not protected, the fixation may, regardless of the new terms ofprotection, be used for broadcasts until 1 January 2000. This shall also apply to the screening of tilms which contain such works. d) The provision in point c) above shall also appl.y to fixations made pursuant to point b) above. e) The amendments to this Act shall not apply if this will result in a shorter term of protection than that accorded by the fanner provisions. However, the provision in section 41, first paragraph, third sentence, shall apply aR tTomthe date of entry into force ofthis Act. f) The prOVision in section 4 t a shall Mt app.1y to works that have heen made available to the public in the manner prescribed by the provision prior to the entry into force of this Act, unless a corresponding t~or-protection is already running for the work in another country within the European Economic Area at the time of the entry into force of this Act. g) The provision in section 43 a shall not apply when the tenn of protection accorded by the former provisions ~lfthe Act relating to rights in photographic pidures has expired prior to the entry int(l force of this Act. h) Any person who, prior to the entry into torce of this Al:t, has lawfully acquired a photographic work or a photographic picture shall also be deemed to have acquired the rental right to the copy, unless otherwise agreed.
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i) If a work of art that was not protected by the former provisions has been included in a critical or scientific publication of a popular educational character published prior to the entry into force of this Act, the work maybe included in new editionsofthepublicationuntil 1January 1999.Theprovisionshallonlyapplywhere the work of art is reproduced in connection with the text. If more than one work of art by the same.author is reproduced, he shall be entitled to remuneration.