Norway: Copyright, Act (Consolidation), 12/05/1961 (30/06/1995), No. 2
Act No. 2 of May 12, 1961, Relating to Copyright
in Literary, Scientific and Artistic Works, etc.,
With Subsequent Amendments Up to June 30, 1995*
(as last amended by Law No. 27 of June 2, 1995)
Chapter 1
The Object and Substance of Copyright
Sec 1. Any person who creates a literary, scientific or artistic work shall have the copyright therein.
By such a work is meant in this Act
a literary, scientific or artistic work of any kind, irrespective of
the manner or form of expression, such as:
(3) works for stage performance, dramatic and musical as well as choreographic and pantomimic; also radio plays,
(10) pictorial woven tissues and articles of artistic handicraft and applied art, the prototype as well as the work itself,
(11) maps, also drawings and graphic and plastic representations or portrayals of a scientific or technical nature,
In the case of photographic pictures which are not a literary, scientific or artistic work, Section 43a shall apply.
Sec. 2.Subject
to the limitations laid down in this Act, copyright shall confer the
exclusive right to dispose of a literary, scientific or artistic work
by producing copies thereof and by making it available to the public,
be it in the original or an altered form, in translation or adaptation,
in another literary or artistic form, or by 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 performed outside private premises, or when copies of
the work are offered for sale, rental or lending, or otherwise
distributed or displayed outside such premises.
Sec. 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 required by proper usage.
If another person has the right to
alter a literary, scientific 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.
The author may not waive his rights
under the first 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 form as is stated in the second
paragraph, the author, even if he has given valid consent to the use of
the work, shall 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.
Sec. 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 are
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
literary or artistic form shall have the copyright in the work in that
form, but may not dispose of it in such a manner as to infringe the
copyright in the original work.
Sec. 5.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 individual works of which
the collective work consists.
Unless otherwise agreed, the individual contributors shall be free to make their contributions public in another manner.
Sec. 6.If
a literary, scientific or artistic work has two or more authors whose
individual contributions cannot be 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, explicitly or tacitly, been given in advance. The same
shall apply to the issuing of such a work in another manner or inanother
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 infringements of the copyright.
Sec. 7.In
the absence of proof to the contrary, the person whose name or
generally known pseudonym, mark or symbol is entered in the usual
manner on copies of a work, or stated when the work is made available
to the public, shall be deemed to be the author of the work.
If a work is published without the
name of the author being stated in accordance with the first paragraph,
the editor, or if he is not named either, the publisher, may act on
behalf of the author until the latter's name is stated in a new edition
or in a notification to the Ministry concerned.
Sec. 8.A
literary, scientific or artistic work is issued when with the consent
of the author it has been made available 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 public
pursuant to Sections 19, 20, 23 and 24.
A literary, scientific or artistic
work is published when a reasonable number of copies thereof have, with
the consent of the author, been placed on sale or otherwise distributed
to the public.
Sec. 9. Legal statutes,
administrative regulations, court decisions and other decisions by
public authorities are not protected by this Act. This is also the case
with proposals, reports and other statements which concern the public
exercise of authority, and which are made by a public authority, a
publicly appointed council or committee, or published by the public
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
provision. Nor shall the first paragraph apply to poetry, musical
compositions or works of art.
Sec. 10. Registration of a
literary, scientific or artistic work as a design shall not affect the
protection of such 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
Sec. 11.The provisions of this Chapter shall impose no further restriction on the author's rights pursuant to Section 3 than that ensuing from Section 29.
When a work is publicly reproduced
pursuant to the provisions of this Chapter, this may be done in the
dimensions and form required for the purpose, but without thereby
altering or prejudicing the character of the work. When a work is thus
reproduced, the source shall always be stated in the manner required by
proper usage.
Making Copies for Private Use
Sec. 12. Provided this is
not done for purposes of gain, 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:
(c)
make copies of works of art by means of photocopying, taking a cast or
impression, or by other similar means of reproduction if the copy may
be perceived as an original.
The provision in the first
paragraph shall not confer a right to engage outside assistance to
reproduce articles of artistic handicraft and applied art, sculpture,
pictorial weavings or to make artistic reproductions of other works of
art. Copies of musical works and cinematographic works may not be made
by outside assistants participating for purposes of gain.
Making Copies for Use in Educational Activities
Sec. 13. Any person may for
use in his own educational activities, by photocopying or similar means
of reproduction, make copies of a published work, as well as make a
fixation of a work that is included in a broadcast, if he fulfills the
conditions for an extended collective license pursuant to Section 36,
first paragraph. Works of pictorial art and photographic works may only
be photocopied from a reproduction in a book, periodical, newspaper or
similar printed publication. 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 unless
only minor parts of the work are used in the broadcast.
Fixation centers which are approved
by the Ministry may, for use in educational activities, make fixations
as specified in the first paragraph, if the center fulfills the
conditions for an extended collective license pursuant to Section 36, first paragraph.
Copies made pursuant to the first
and second paragraphs may only be used in educational activities
covered by the agreement under Section 36.
The King shall 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 performances of works for educational use. Such
fixations shall not be used for other purposes.
Photocopying in Institutions,
Commercial Enterprises, etc.
Sec. 14.Public
and private institutions, organizations and commercial enterprises may,
for use within their own activities, make copies of a published work by
photocopying or a similar means of reproduction if they fulfill the
conditions for an extended collective license pursuant to Section 36, first paragraph. Such copies may only be used within the activity which is covered by the agreement pursuant 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.
Sec. 15.Health
institutions, homes for the elderly, prisons and similar institutions
may make fixations of works that are part of a broadcast for
presentation within a short period of time in the institution.
The King shall determine which
institutions shall have the right to make fixations as specified in the
first paragraph, and shall issue regulations regarding the use and
erasure of such fixations.
Making Copies in Archives, Libraries and Museums
Sec. 16.The
King may issue rules regarding the right of archives, libraries and
museums to make copies of works for conservation and safety purposes
and other special purposes.
Making Copies for the Disabled
Sec. 17.From
a published literary 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 uses specified therein.
The King may decide that certain
specified organizations and libraries shall, on stipulated terms, for
the purpose of gratis lending to the disabled, have the right to make
copies of published literary or scientific works by making a fixation
on a device that can reproduce them. In connection with the text of
such works, issued 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 transmitted broadcasting program 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 fulfills the conditions
for an extended collective license pursuant to Section 36, first paragraph.
Collective Works for Use in Education, etc.
Sec. 18.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 be reproduced if five years have elapsed since the
expiry of the year in which the particular work was published. In
connection with the text of such works, works of art and photographic
works may also be reproduced if five years have elapsed since the
expiry of the year in which the work was issued. A work created for use
in education shall not be reproduced in a collective work compiled for
the same purpose.
Copies of a published work may be made for use in a public examination.
The author of the work shall be entitled to remuneration.
Distribution of Copies
Sec. 19.When
a copy of a work has been 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 which the 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.
Exhibition of Copies
Sec. 20.If
a work has been published, or if the author has assigned copies of a
work of art or a photographic work, the copies may be publicly
exhibited. Copies 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 of a work of art
or a photographic work in a film or in a broadcast.
Performance in an Educational Context, etc.
Sec. 21.A published work may be performed publicly at religious services and in an educational context.
A published work may also be performed publicly:
(a)
at events where the performance of literary, scientific or artistic
works is not the primary feature, provided that the audience is
admitted free of charge, and the event is not even indirectly organized
for purposes of gain,
This Section shall not apply to
cinematographic works or the stage performance of stage works. Nor
shall the Section confer a right to perform a work in a broadcast. The
right to perform a work in an educational context shall not apply to
performances within the framework of organized concerts.
Quotation
Sec. 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
Sec. 23.Issued
works of art and issued photographic works may be reproduced in
connection with the text of a critical or scientific treatise which is
not of a generally informative character when this is done in
accordance with proper usage and to the extent necessary to achieve the
desired purpose. Subject to the same limitation an issued photographic
work may also be reproduced, on payment of remuneration, in critical or
scientific treatises of a generally informative 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 newspapers, periodicals and
broadcasts in connection with the reporting of a current event.
However, this shall not apply to works that are created with a view to
reproduction in newspapers, periodicals or broadcasts. The author shall
be entitled to remuneration except in the case of a current event
related to the work that is reproduced.
If a work of art or a photographic
work has been published, or if the author has assigned a copy of such a
work, the latter may be included in newspapers, periodicals, films or
broadcasts, provided that the work forms part of the background or in
like manner is of minor importance in the overall context.
Sec. 24.Works
of art and photographic works which form part of a collection or which
are exhibited or offered for sale may be depicted in catalogs of the
collection and in announcements of the exhibition or sale.
Works of art and photographic works
may also be depicted when they are permanently 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 a Broadcast or Film
Sec. 25.If
the performance 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 be included in the broadcast
or film. In cases where the performance or exhibition of the work only
forms part of the background or in like manner is of minor importance
compared to the main subject of the news report, the entire work may be
reproduced.
Public Proceedings, Right of Information, etc.
Sec. 26.Proceedings
in public assemblies, boards, councils and the like, in meetings of
elected public authorities, in court cases and in public meetings held
to discuss questions of public 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.
Sec. 27.Protection
pursuant to this Act shall not preclude access to documents pursuant to
the Public Administration Act and the Freedom of Information Act or
other legislation.
Nor shall the Act prevent a work from being used in connection with a search, an investigation or as evidence.
Sec. 28. The right to
further reproduce documents invoked as evidence or as an expert
opinion, etc., in such proceedings as 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 order to describe the proceedings or the matter for
which the document has relevance, even if the work has not been issued.
Alteration of Buildings and Works of Applied Art
Sec. 29.Buildings
and works of applied art may be altered without the author's consent
when this is done for technical reasons or for utilitarian purposes.
Special Provisions Regarding Broadcasting, etc.
Sec. 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 with an organization representing a large part of Norwegian
authors in the field in question, is otherwise entitled to broadcast
works of the kind to which the agreement applies. The same shall apply
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
decided pursuant to the rules prescribed in accordance with Section 35, first paragraph.
In the case of satellite
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 and cinematographic works, nor to other works if the
author has prohibited broadcasting by the said organization, or there
is otherwise special reason to assume that he is opposed to the work
being broadcast.
Sec. 31. The Norwegian
Broadcasting Corporation and others who have a license to operate a
broadcasting organization may, by means of their own equipment and for
use in their own broadcasts, make fixations of works on devices that
can reproduce them if they otherwise have the right to include the work
concerned in their broadcasts. The right to make such fixations
available to the public shall be subject to the rules which are
otherwise in force. The King shall issue further regulations concerning
the use and storage of such fixations.
The provision in the first
paragraph shall not confer a right to combine film and sound by
transferring a sound fixation to a film unless a performance at the
time of fixation forms part of the film.
Sec. 32. Discussion
programs which are broadcast and in which topics of public interest are
discussed may be publicly reproduced by anyone without the consent of
the author. An author shall, however, have an exclusive right to
publish compilations of his own statements.
Sec. 33.The
King may issue regulations concerning the right to make a fixation of a
transmitted broadcast for the use of an author or a performer when use
has been made of his work or performance in the broadcast. Similar
provisions may be 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 regulations
concerning the use and storage of such fixations.
Sec. 34. Works that are
lawfully included in a broadcast may, by simultaneous and unaltered
retransmission, be communicated to the public when the person effecting
the retransmission fulfills the conditions for an extended collective
license pursuant to Section 36, first paragraph, or retransmits with the permission of a 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 38a.
Retransmission of works originally broadcast by wire is not covered by this Section.
Common Provisions Regarding Compulsory Licenses,
Extended Collective Licenses, Commissions, etc.
Sec. 35.Each of the parties may demand that remuneration pursuant to Sections 17, third paragraph, 18, 23, 30 and 45b
shall be determined in a binding manner in accordance with rules
prescribed by the King. The King shall lay 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 shall issue rules regarding a commission as referred to in Sections 34 and 45a, fourth paragraph.
Sec. 36.When there is an agreement with an organization referred to in Section 38a which allows such use of 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 right
holders 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 the
agreement (extended collective license) applies. The provision shall
only apply to use 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 organization 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
permission and conditions for retransmission be determined in a binding
manner by a commission pursuant to Section 35, second paragraph. The provisions of the first paragraph shall apply correspondingly in such cases.
Sec. 37. In 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 right holders
who are not represented by the organization. Non-member right holders
shall have the same rights as right holders who are members of the
organization to share in the funds and benefits that are distributed or
largely financed from the remuneration.
Irrespective of the provision in
the first paragraph, a non-member right holder who can substantiate
that his work has been used pursuant to Section 36
may demand that remuneration for such use shall be paid to him. Such
claim may only be directed to the organization which pursuant to Section 36
has collected remuneration. Each party may demand that the amount of
the remuneration be determined pursuant to rules laid down by the King.
Sec. 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, permission 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 accordance 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 17,
fourth paragraph, not be concluded, the provision in the first 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 by the commission referred to in Section 35, second paragraph.
Sec. 38a.Agreements intended to have an effect as specified in Section 36,
first paragraph, shall be entered into by an organization which
represents a substantial part of Norwegian authors in the field, and
which is approved by the Ministry. For use in certain specified fields,
the King may decide that the organization which is approved shall be a
joint organization for the right holders concerned.
The King may issue further
provisions regarding the supervision of the organizations and funds
which receive remuneration for further distribution.
The Organizations' Right of Action
Sec. 38b.An organization referred to in Section 38a
may, in the absence of any objection from the right holder, demand that
a user who has not entered into such an agreement as is referred to in Section 36 shall be prohibited by a court judgment from unlawfully exploiting a work in a manner that is covered by the provisions of Sections 13, 14, 17, fourth paragraph, or 34. The same shall apply to a user who is party to such an agreement and who fails to pay the agreed remuneration.
Similarly, an organization referred to in Section 38a may, in the absence of any objection from the right holder, submit a claim pursuant to Sections 55 and 56
of this Act against anyone who has undertaken such unlawful use as is
referred to in the first paragraph. If the person who has unlawfully
exploited a work has satisfied the organization's claim, the right
holder's claims as regards the same use may only be directed to the
organization, which is then obliged to pay the right holder what he is
entitled to.
Chapter 3
Transfer of Copyright
General Provisions
Sec. 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 of the copyright or any part thereof, even if it is
the original that is assigned. Assignment of copyright does not include
ownership of the manuscript or any other copy that is delivered in
connection with the assignment.
Sec. 39a. If the author has
assigned the right to use the work in a specific manner or by specific
means, the assignee shall not have the right to use it in another
manner or by other means.
Alterations and Further Assignment
Sec. 39b.Assignment of copyright shall not confer 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
assignor shall remain liable for the fulfillment of the agreement with
the author.
Checking Accounts
Sec. 39c.If
the author's remuneration is calculated on the basis of the assignee's
turnover, sales figures, etc., the author may demand that a statement
of accounts be rendered at least once a year. Similarly, the author may
demand that each statement be accompanied by detailed information
regarding the matters on which the calculation of remuneration is based.
The author 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 disposal of a State-authorized accountant or registered
auditor who has been appointed by the author. The accountant or auditor
shall inform the author as to the accuracy of the statement of accounts
that has been drawn up, and as to any irregularities therein, but
otherwise he has a duty of confidentiality as regards all other matters
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
Sec. 39d.Assignment
of the right to perform a work publicly shall not give the assignee an
exclusive right unless this has been agreed. Unless otherwise agreed,
such assignment shall be valid for three years.
Even though an exclusive right of
performance has been assigned, the author may, unless otherwise agreed,
himself perform the work or assign the right of performance to another
person, if the assignee has for three consecutive years failed to
exercise the right.
The provisions of this Section shall not apply to cinematographic works.
Publishing Agreements
Sec. 39e.By
a publishing agreement the author assigns the right to reproduce a work
by means of printing or a similar process, and to publish the work in
that form.
Insofar as a publishing agreement
confers an exclusive right, the publisher is obliged to publish the
work within a reasonable period of time and ensure that it is
distributed in the usual manner. If, after the work has been published,
the publisher does not ensure that copies of the work are made
available to the public within a reasonable period of time after having
been requested to do so 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 years have elapsed since
the expiry of the 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 works. 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 different publishers, to the
publisher who may be considered his main publisher.
The author may claim compensation
for any damage resulting from default. However, this shall not apply
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 avoid or overcome the
consequences thereof. If the damage is caused by a third party whom the
publisher has charged with taking the action necessary to fulfill the
agreement, the publisher shall only be free from liability if the third
party would also have been exempt from liability pursuant to the
provisions of this paragraph.
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
fee received and claim compensation in accordance with the rules in the
sixth paragraph for damage that is not covered by the said fee.
Any agreement that to the detriment
of the author significantly deviates from the provisions of the second,
sixth and seventh paragraphs cannot be applied. The author may not
waive his right pursuant to the fifth paragraph.
The provisions of this Section
shall not apply to agreements concerning contributions to newspapers or
periodicals, or agreements concerning contributions which are to be
used as illustrations in works that are to be 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
Sec. 39f.If
the author has assigned the right to use a work for a film, the
assignee shall, unless otherwise agreed, be obliged to produce the
cinematographic work within a reasonable period of time and ensure that
it is communicated to the public. In the case of serious default on the
part of the assignee, the author may rescind the agreement, retain the
fee received and, pursuant to the provisions of Section 39e, 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
(b) make the cinematographic work available to the public by distributing copies and by showing the work, and
The provision in the second paragraph shall not apply to
Computer Programs
Sec. 39g.Copyright
in a computer program which is created by an employee in the execution
of duties for which he is employed or in accordance with the
instructions of his employer shall, subject to the limitation ensuing
from Section 3, devolve on the employer, unless otherwise agreed.
Sec. 39h.The
lawful acquirer of 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 person having a right to use a
computer program may make a backup copy insofar as it is necessary for
the use of the program.
Any person having a right to use a
copy of a computer program may, in connection with such loading,
displaying, running, transmission or storage of the program as the user
is entitled to perform, observe, study or test the functioning of the
program in order to determine the ideas and principles which underlie
the various elements of the program.
No departures from the provisions of the second and third paragraphs may be made by agreement.
Sec. 39i.It
is permissible to make a copy of the code of a computer program and
translate the form of the code when this is indispensable in order to
obtain the information necessary to achieve the interoperability of an
independently created computer program with other programs if
(a) these acts are performed by a person having a right to use a copy of a computer program, or on his behalf by a person authorized to do so,
(b) the information necessary to achieve interoperability has not previously been readily available to the persons referred to in subparagraph (a), and
(c) these acts are confined 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 of this Section may be made by agreement.
Commissioned Portraits
Sec. 39j.The
author may not exercise his rights relating to a commissioned portrait
without the consent of the person who commissioned it.
If the portrait 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 commissioned it does not prohibit such exhibition.
With regard to protection of the subject of the portrait, the provisions of Section 45c shall apply even if the portrait is not a photographic work.
Sec. 39k.After the author'sdeath
the rules 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 as regards the surviving spouse and the heirs of
his body, make provisions as 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 of Section 6 shall apply correspondingly unless otherwise provided pursuant to the second paragraph.
Any infringement 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 surviving
spouse and by any other of his relatives in direct line of ascent or
descent, brothers and sisters, or by the person appointed pursuant to
the second paragraph of this Section.
Sec. 39l.The
author's 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 39k, first paragraph.
The same shall apply to manuscripts
or similar copies, plates, molds, etc., which have been created to
serve as a means of producing copies of a specific work of art, and to
works of art which have not been exhibited, offered for sale or in any
other way approved for public issue.
Chapter 4
Term of Protection of Copyright
Sec. 40.Copyright
shall subsist during the lifetime of the author and for 70 years after
the expiry of the year in which the author died. For such works as are
referred to in Section 6, the period of 70
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 persons 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.
Sec. 41.If
a work has been issued without stating the author's name, a generally
known pseudonym, mark 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 term of protection shall be
calculated 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 if it is established that he died before the work was issued, the term of protection shall be determined pursuant to Section 40.
Sec. 41a. Any person who
for the first time lawfully makes available to the public 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 same right 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
Sec. 42.A performing artist's performance of a work may not without the consent of the artist be:
(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 a fixation of a performing artist's performance is made as specified in the first paragraph, subparagraph (a),
no copies shall be made of it, nor shall it be made available to the
public through the distribution of copies, without the consent of the
artist, until 50 years have elapsed since the expiry of the year in
which the performance took place. If the fixation is issued during this
period, the term of protection shall subsist for 50 years after the
expiry of the year in which the fixation was first issued.
When a copy of a fixation which reproduces a performing 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 a copy 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 a performing artist shall also include the right to rent out copies of the film.
The provisions of Sections 2, third paragraph, 3, 6 to 8, 11 to 13, 15, 16, 17, first, second and fourth paragraphs, 18, 21, 22, 25, 27, 28, 31, 33 to 39c, 39k, 39l and 50 shall apply correspondingly. The provisions of Section 3, cf. Section 39k, 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 45b and Act No. 4 of December 14, 1956, shall apply concerning the right otherwise to use such fixations as are specified in the first paragraph, subparagraph (a).
Sec. 43. Formularies,
catalogs, tables and similar works in which a large number of items of
information have been compiled, and programs shall not be reproduced
without the consent of the producer until 10 years have elapsed since
the expiry of the year in which the work was published.
If a work of the kind specified in
the preceding paragraph is wholly or partly subject to copyright, such
right may also be enforced.
The provisions of Sections 12, first paragraph, 13 to 17, 22, 27, 28 and 35 to 38b shall apply correspondingly.
Sec. 43a.A
person who produces a photographic picture shall have the exclusive
right to make copies thereof by photography, printing, drawing or any
other process, and to make it available to the public.
The exclusive right to a
photographic picture shall subsist during the lifetime of the
photographer and for 15 years after the expiry of the year in which he
died, but for not less than 50 years from the expiry of the year in
which the picture was produced. If the exclusive right is shared by two
or more persons, the term 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 21, 23 to 28, 30, 31, 33 to 39f and 39j to 39l shall apply correspondingly to photographic pictures to the same extent that they apply to photographic works.
If a photograph is subject to copyright, such right may also be enforced.
Sec. 44.Press
reports which according to contractual arrangement are supplied by
foreign news agencies or by correspondents abroad may not without the
consent of 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 by proper press usage.
Sec. 45. Sound fixations
and films shall not, without the consent of the producer, be made
available to the public by distributing copies of the sound fixation or
film until 50 years have elapsed since the expiry of the year in which
the fixation or film was made. Nor shall copies of the sound fixation
or film be made before such time without the consent of the producer.
If the fixation is issued during this period of time, the term of
protection shall subsist for 50 years after the expiry of the year in
which the fixation was first issued.
When a copy of a sound fixation or
a film has been sold, with the consent of the producer, within the
European Economic Area, the copy may be further distributed by any
means other than by rental. The same shall apply when within the said
area the producer has assigned a copy of an issued sound fixation or
film.
The provisions of Sections 2, third paragraph, 7, 8, 12, 13, 15, 16, 17, first, second and fourth paragraphs, 18, 22, 25, 27, 28, 31, 33 and 35 to 38b shall apply correspondingly.
Sec. 45a.A broadcast or a part thereof may not, without the consent of the broadcasting organization
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 transferred to another
device until 50 years have elapsed since the expiry of the year in
which the first transmission took place.
A broadcast may, on conditions to be prescribed by the King, be transmitted direct within an industrial or other enterprise by means of a radio or television receiver.
If a party should refuse to enter into negotiations concerning permission for simultaneous and unaltered retransmission to the public by wire of an originally wireless broadcast, or if no agreement has been concluded within six months after the commencement of negotiations, each of the parties may demand that permission and conditions for retransmission shall be determined by a commission pursuant to the provisions of Section 35, second paragraph, of this Act.
The provisions of Sections 7, 8, 12, 15, 16, 18, 21, first paragraph, 22, 25, 27, 28, 31, 32, 35 and 38, third and fourth paragraphs, shall apply correspondingly.
Sec. 45b.When
sound fixations of the performances 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 of the 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 11, and Section 39k, fourth paragraph, shall apply correspondingly.
The provisions of this Section shall not apply to sound film.
Chapter 6
Various Provisions
Sec. 45c.Photographs
of a person shall not be reproduced or publicly exhibited without the
consent of the subject of the picture, except when
(c)
the subject of the picture is a group assembled for a meeting, an
outdoor procession or situations or events of general interest,
(d)
a copy of the picture is exhibited 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 of protection 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.
Sec. 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.
Sec. 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, unless 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 that
the copy may be confused with the original.
Sec. 48.Even
if the term of protection of copyright has expired, a literary,
scientific or artistic 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 cultural interests.
Irrespective of whether the term 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 a living author if
the work in question is not protected in the realm.
The provision in Section 3,
first paragraph, shall apply correspondingly, even if the term of
protection of the copyright has expired or if the work is not protected
in the realm.
Sec. 49.If
circumstances necessitate the destruction of the original copy, the
author, if he is alive, shall be notified in reasonable time, if this
can be done without particular disadvantage.
If the possessor of the original
copy of a work without reasonable grounds prevents the author from
exercising his exclusive right pursuant to Section 2,
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 to the copy conditional
on his providing security, or impose 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.
Sec. 50.Irrespective
of any arrangement relating to property made between 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 of the author, his copyright shall be excluded from the settlement.
Sec. 51. Repealed by Act No. 27 of June 2, 1995, from June 30, 1995.
Sec. 52.Printed
works shall bear the number of the edition, the name 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 a serial number within the edition.
Sec. 53.A
council of experts consisting of representatives of authors and of
industries or trades connected 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 prohibitions pursuant to Section 48, and to the institution of legal 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
thereof, shall also have a duty to provide, when so requested, 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 shall appoint the
members of the council and shall issue regulations relating to the
organization and activity of the council, and the remuneration of its
members.
Chapter 7
Penal Sanctions, Compensation and Confiscation
Sec. 54.Any
person who willfully or negligently contravenes this Act shall be
liable to fines or to imprisonment for a term not exceeding three
months if he
(a) infringes provisions laid down for the protection of copyright in or in accordance with Chapters 1 and 2, the provisions of Section 39j or 41a, or prohibitions imposed pursuant to Section 35 or 48, or provisions made by the author pursuant to Section 39k, second paragraph,
(b) infringes provisions laid down in or in accordance with Chapter 5, Sections 45c, 46, 47 or 48, last paragraph,
(c) imports copies of literary, scientific or artistic works or of such works and fixations as are specified in Sections 42, 43, 43a, 45 and 45a
with the intention of making them available to the public, when the
copies have been produced abroad under such circumstances that a
similar production in this realm would have been unlawful, or
(d) offers or otherwise makes available to the public such works or fixations as are specified in Sections 42, 43, 43a, 45 or 45a, when the copies have been produced contrary to these provisions or imported contrary to subparagraph (c) of this Section,
(e) imports copies of such fixations as are specified in Section 45
with the intention of making them available to the general public for
gain, when the producer has not consented to such import and copies of
the same fixation are offered for sale in the realm with the consent of
the producer. The Ministry may by regulations make exceptions to this
provision for the import of copies from specific countries.
Any person who willfully 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 willful, 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 willful infringement as specified in the first to third paragraphs may be punishable in the same way as the completed crime.
Any person who willfully or negligently fails to insert in a work for the printing of which he is responsible the information specified in Section 52 shall be liable to fines.
Infringement of the third paragraph, cf., fourth paragraph, shall be subject to public prosecution. Infringement of the other provisions of this Section shall not be subject to public prosecution unless it is so requested by the aggrieved party or by an organization, cf. seventh paragraph, or required in the public interest.
If this Act has been infringed through use of a work in a manner specified in Sections 13, 14 and 17, fourth paragraph, 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.
Sec. 54a. The sale of, or
possession for purposes of gain, of any means the sole purpose of which
is to facilitate the unlawful removal or circumvention of technical
devices for the protection of a computer program, is prohibited.
Any infringement shall be punishable in accordance with the provision in Section 54.
Sec. 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 of compensation generally applicable. If the right of an
author or a performing artist has been infringed willfully or by gross
negligence, the court may also award him a sum of money as redress for
damage of a non-economic nature.
Even if the 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.
Sec. 56.All
copies of 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 by court judgment be confiscated for 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, forms, etc., which can serve no other purpose than the
unlawful production or exploitation of a work.
In lieu ofconfiscation
or assignment, 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 of the work. If substantial
economic or artistic values would thereby be lost, the court may
nevertheless in certain circumstances permit the copies produced to be
made available to the public in return for compensation or redress to
the aggrieved party.
The provisions of this Section
shall not be applied to a person who in good faith has acquired a copy
of a work for his own private 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 alteration 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 of the Act
Sec. 57.The provisions of this Act concerning copyright shall apply to:
(a) 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 resident here,
(e) works of art and photographic works placed in buildings or permanent structures situated in the realm.
Simultaneous publication as specified in the first paragraph, subparagraph (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, subparagraph (c), shall be deemed, 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 41a 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 by a company which has a Norwegian board of directors and whose registered office is in the realm.
Sec. 58.The provisions of Chapter 5, except for Sections 43, 43a and 44 and the right of distribution referred to in Sections 42 and 45, shall apply for the benefit of works created by
The provisions of Sections 42 and 45a
shall, moreover, also apply to performances and broadcasts which take
place in Norway. 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 provision in Section 43 shall apply to works that are published in Norway. The provision in Section 44 shall apply to press releases which are received in Norway. The provision in Section 43a
shall 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 shall apply to photographs placed in buildings
or permanent structures situated in a country within the said area.
The provision in Section 45c shall apply to pictures of persons who are or have been resident in the realm.
Sec. 58a. When works or
performances are broadcast by satellite from a country outside the
European Economic Area, this Act shall apply if the satellite receives
signals from Norway or if the broadcast is commissioned by a
broadcasting organization which has its headquarters in the realm. This
provision shall apply only if the rules of the transmitting country
regarding the right to broadcast works and performances do not provide
protection corresponding to that provided under this Act.
Sec. 59. On condition of
reciprocity, the King may issue regulations to the effect that the
provisions of this Act shall apply, wholly or partly, to works which
have a specific connection with a foreign State.
The King may further decide that
the provisions of this Act shall wholly or partly apply to literary,
scientific or artistic works published by a supranational organization,
and unpublished works which such organization has the right to publish.
The provision shall apply correspondingly to the works described in Chapter 5.
Out of consideration for an
agreement with a foreign State, the King may furthermore issue special
provisions concerning agreements regarding the assignment of the right
to make a film of a work for cinema or television, including the works
to which the provisions shall apply.
Sec. 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 lawfully been
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
Sec. 61.This Act enters into force on July 1, 1961.
From the same date the Act of June 6, 1930 relating to literary, scientific and artistic works is repealed.
References in other statutes to the
Act of June 6, 1930, or to the Act of July 4, 1893 relating to authors'
copyright and artists' rights, with the amending Act of July 25, 1910,
shall apply to the corresponding provisions of this Act.
* Entry into force (of the last amending Law): June 30, 1995.
Source: English translation communicated by the Norwegian authorities.
