Regulations to the Copyright Act (Act of 12 May 1961 no. 2 copyright laws etc.)
Date FOR-2001-12-21-1563
Ministry of Culture Ministry
Published in 2001 Booklet 17
Commencement 01.01.2002
Edited
FOR 2015-06-30-846 from 01/07/2015
Changes
FOR 1964-11-27-1, TO-1965-04-02-4, TO-1969-08-29-1, TO-1972-01-28-4, FOR 1978-04-10 -3789, TO-1980-05-02-4, FOR-1981-09-18-8951, FOR-1986-05-02-1010, TO-1988-05-06-346, FOR 1989-12-22 -1286, TO-1994-01-03-2, TO-1997-04-25-383
For
Norway
Legal
LOV-1961-05-12-2-§13b, LAW-1961-05-12-2-§15, LAW-1961-05-12-2-§16 LOV-1961-05-12- 2 §16e, LAW-1961-05-12-2-§17a, LAW-1961-05-12-2-§31, LAW-1961-05-12-2-§35, LAW-1961-05- 12-2-§37, LAW-1961-05-12-2-§38, LAW-1961-05-12-2-§38a, LAW-1961-05-12-2-§42b, LAW-1961- 05-12-2-§45a, LAW-1961-05-12-2-§45b, LAW-1961-05-12-2-L-51, LAW-1961-05-12-2-§53, legislation 1961-05-12-2-§53b, LAW-1961-05-12-2-L-54, LAW-1961-05-12-2-section 59
Promulgated
08/01/2002
Short Title
Regulations to the Copyright Act
Chapter Overview:
Chapter I - Making copies and making available in archives, libraries, museums, educational and research institutions and for use func ... (§§ 1-1 - 1-14)
Chapter II - Admission of broadcasting programs etc. (§§ 2-1 - 2-10)
Chapter III - Provisions regarding the approval of organizations under the Copyright Act § 13b, § 38a, § 38c, § 42b and § 45b (§§ 3-1 - 3-8) | || Chapter IV - Disputes, etc. for appointment or compulsory license situations (§§ 4-1 - 4-12)
Chapter V - by Committee of disputes regarding the use of works and works when effective technological protection measures are applied, cf. Copyright Act ... (§§ 5-1 - 5-6)
Chapter VI - Provisions on Copyright Act apply in relation to works and with ties to other countries, etc.. (§§ 6-1 - 6-15)
Chapter VII - Commencement mm (§7-1)
Adopted by Royal Decree. December 21, 2001 pursuant to the Act of 12 May 1961 no. 2 copyright laws etc. (the Copyright Act) § 13b, § 15, § 16, § 16e § 17a, § 31, § 35, § 37, § 38 , § 38a, § 45a, § 45b, § 51, § 53, § 53b, § 54 and § 59. Promoted by the Ministry of Culture.
Changes: Amended by regulations March 25, 2002 no. 376, 13 Dec 2002 no. 1503, 17 Dec 2004 no. 1670, 15 June 2007 No.. 633, November 23, 2007 No.. 1281 (including legal) May 9, 2008 No.. 450, 18 Dec 2009 No.. 1645 July 1, 2014 No.. 926, June 30, 2015 no. 846.
Chapter I - Making copies and making available in archives, libraries, museums, educational and research institutions and for use by the disabled, ref. Copyright Act § 16 and § 17a. Extensive search for licensees to hitteverk, ref. Copyright Act § 16b to § 16e
§ 1-1. Who rules apply to archive the archive work, municipal and county archives, libraries under universities and colleges and other scientific and technical library operated by the public, county libraries and public libraries as well as public museums and museums that receive public subsidies to non-commercial use in its activities, make copies of intellectual property, as it happens in accordance with the purposes as set forth in the provisions of § 1-2 to § 1-3 and § 1-5 to § 1-9. For museums, the rules wherever appropriate. With universities and colleges mean all institutions covered by the Act on 1 April 2005 no. 15 relating to Universities and University Colleges § 1-2.
Instruction and research institutions covered by § 4.1 of copies for research purposes.
KKD may decide that other specified archives, libraries and museums should be covered by this chapter.
§ 1-2. The main rule regarding reproduction and general provisions Unless otherwise specified, the provisions of this chapter permitted to make copies in the same format as the original copy. The rules still provides access to manufacture paper printing machine-readable copy.
Provisions of this chapter does not allow without the consent of the licensee to make machine copies of computer programs.
Unless otherwise specified, the right to make copies under this chapter only for published work.
What in this chapter said about intellectual property, apply correspondingly to works mentioned in the Copyright Act, Chapter 5 (neighboring rights).
§ 1-3. Making copies for preservation and hedging purposes For conservation and safety purposes institution as mentioned in § 1-1 make copies of intellectual property that it has copies of in their collections
A)
in the same format as the original copy,
B)
In other format than the original copy, which can not be obtained a copy that meets conservation and safety purpose of sales outlets or from the publisher, importer or manufacturer,
C)
by transfer to microforms,
D)
by transfer to new storage if because of unacceptable equipment necessary to use the work.
The right to make copies for preservation and hedging purposes also applies to intellectual property that is not made public.
National Library For conservation and safety purposes make copies of copyright it has in its collections in other format than the original copy.
KKD can in case conditions in the first paragraph are not met authorize the institution as mentioned in § 1-1 for conservation and safety purposes may make copies of copyright it has in its collections in other format than the original copy.
§ 1-4. Making copies for research purposes KKD For research purposes providing educational and research institutions permission to make copies of intellectual property, in other format than the original copy.
§ 1-5. Making copies for lending loans, can institutions as mentioned in § 1-1 make copies on paper of intellectual property as it has copies of in their collections, if your copy is particularly susceptible to damage by lending or difficult can be replaced if it is lost. It may not be produced more copy than is necessary for the institution to have a limited number of copies available for loan.
Institution as mentioned in § 1-1, for lending producing physical copies of music and film works, in other format than the original copy, where the institution's original copy is particularly susceptible to damage by loans and can not be replaced if it is lost. It is not allowed to lend more copies than the institution has original copy.
§ 1-6. Making copies for completion purposes For completion purposes institution as mentioned in § 1-1 make copies of missing portions of a work that has an incomplete copy of in their collections when the missing portions constitute a minor part in relation to the whole work, and completion is not possible through the acquisition of works or part of the work at retail outlets or from the publisher, importer or manufacturer.
§ 1-7. General rules for use of copy Copies made in accordance with § 1-1 to § 1-3 and § 1-5 to § 1-9 may only be used in that institution's own premises, except
A)
copy made on paper,
B)
copy of the music and film works produced under the terms of § 1-5 second paragraph of lending,
C)
specimen to be used for interlibrary loans on specific order under § 1-8.
§ 1-8. Fjernlån on specific order On special order can sample prepared in accordance with § 1-2 and § 1-3 through interlibrary loan, including the transfer of the data terminal, made available to a particular borrower in premises of other institutions covered by § 1.1. Such copies can not be stored permanently in the borrower institution, but must be returned, deleted or destroyed when the buyer's use has ceased. Copyright covered by the Act of 9 June 1989. 32 the legal deposit of generally available documents can not remove lent under this provision.
The borrower can take paper printing remote borrowed material under the rules on reproduction for private purposes of the Copyright Act § 12. The patron can not take machine-readable copy.
Ministry may issue regulations concerning the control of institutions practice under this provision.
§ 1-9. Disclosure of the institution's own premises, photocopying and printing paper Institution as mentioned in § 1-1 do intellectual property from a private collection available for individual research purposes or private study by means of terminals in their own offices. The right to disclosure under the first sentence does not apply to intellectual property covered by the Act of 9 June 1989. 32 the legal deposit of generally available documents.
For individual research purposes or private study purposes institution as mentioned in § 1-1 photocopying or similar procedure make copies of individual articles in collective works, newspaper or magazine, or short paragraphs in other works for extradition to possess. It can not be extradited more than one copy of each user.
The user can take a paper printout of ownership of intellectual property is made available under the first paragraph under the rules on reproduction for private purposes of the Copyright Act § 12. The user can not take machine-readable copy.
§ 1-10. Legal deposit Copyright For purposes as specified in the Act of 9 June 1989. 32 the legal deposit of generally available documents, the receiving institution:
A)
Make copies of intellectual property should be deposited and that they have in their collections for conservation and safety purposes under the rules of § 1-3,
B)
make copies, in other format than the original copy, of intellectual property should be deposited and that they do not have in their collections, when such a specimen can not be obtained on the sales outlet or from the publisher, importer or manufacturer, || |
C)
make legal deposit intellectual property from its own collection available on terminals in the institution's own premises.
Other uses of legally deposited intellectual property follows the rules of the Legal Deposit Act.
§ 1-11. Copies for use by the disabled For gratuitous use of visual and reading disabilities, hearing and speech impaired, people with reduced mobility and others who because of disability can not acquire the work in the normal way, you institution as mentioned in § 1-1 first paragraph and specified organization KKD decide, make copies, in other format than the original copy, of published literary or scientific works by recording on a device which can reproduce it. In connection with the text published artwork and photographic works reproduced on the recording.
Items under subsection can be distributed to users via computer networks in an ordinary loan period. Institution or organization that distributes copy is responsible for ensuring that the copy is distributed to the correct user and that the copy is returned, deleted or destroyed when the loan period is over. The right to admission under subsection does not apply to works where admission of similar suitability can be obtained from the usual sales outlets. Recordings can only be the basis for further reproduction for these purposes.
Author shall be entitled to compensation paid by the state. This section does not apply to commercial use.
§ 1-12. Register of produced recording. Moral Rights Library and organization that records pursuant to § 11.1, shall keep a register of produced recording.
Provisions of the Copyright Act regarding the obligation to name the author and performing artist, and provisions prohibiting alteration of works, the usual.
§ 1-13. Kulturarvinstitusjoners extensive search for licensees to hitteverk, ref. Copyright Act §16b to § 16e Extensive search for licensees, cf. Copyright Act § 16e shall be carried out in good faith and in the sources that are relevant for the work type. Documentation of the search should be passed to the National Library. Your should always include the following search sources:
1)
For published books:
A)
register of legal deposit material (National Bibliography), library catalogs and authority files contained in libraries and other institutions,
B)
forlegger- and author associations in the respective country,
C)
existing databases and registers, WATCH (Writers, Artists and Their Copyright Holders), ISBN (International Standard Book Number) and databases of printed books,
D)
databases of the relevant rights organizations, especially organizations that administers the right to reproduction, and
E)
sources that include a variety of databases and registries, including VIAF (Virtual International Authority Files) and ARROW (Accessible Registries of Rights Information and Orphan Works).
2)
For newspapers, magazines, journals and periodicals:
A)
ISSN (International Standard Serial Number) for periodical,
B)
indexes and catalogs from library and other collections,
C)
register of legal deposit material (National Bibliography)
D)
publisher associations and author and journalist associations in the respective country, and
E)
databases for relevant rights holder organizations, including organizations that administers the right to reproduction.
3)
For visual works, including art, photography, illustration, design, architecture, sketches of the latter works and other such works contained in books, journals, newspapers and magazines or other works:
A)
sources mentioned in point 1) and 2)
B)
databases to the appropriate licensee organizations, especially for visual arts and including organizations that administers the right to reproduction, and
C)
databases to photo agency, where relevant.
4)
For audiovisual works and phonograms:
A)
register of legal deposit material (National Bibliography)
B)
producer associations in the respective country,
C)
databases movie or lydkulturarvinstitusjoner and National Library,
D)
Databases with relevant standards and identifiers such as ISAN (International Standard Audiovisual Number) for audiovisual works, ISWC (International Standard Music Work Code) for musical works and ISRC (International Standard Recording Code) for phonogram,
E)
databases to the appropriate licensee organizations, especially for authors, performing artists, phonogram producers and producers of audiovisual works,
F)
information about contributing and other information displayed on the packaging of the work, and
G)
databases of other relevant associations representing a certain category of licensees.
§ 1-14. Supplementary regulations KKD may issue supplementary regulations, including setting conditions for access to copies pursuant to this chapter.
Chapter II - Admission of broadcasting programs etc.
Recording time-staggered use in certain residential institutions, cf. Copyright Act § 15, and the use of recordings under the Copyright Act § 13b
§ 2-1. For use in own institution within one week, the hospitals, retirement and nursing homes, prisons and other residential institutions in health, social or correctional gratuitously record 'works included in the broadcast. Admission under this section may only be made when the institution residents difficult to follow the broadcast program at the time it is sent. Recordings made pursuant to this provision must not be stored beyond one week after they were made.
KKD may make decisions regarding control of the institutions' practice under this provision.
§ 2-2. The right to make recordings pursuant to the Copyright Act § 13b, does not apply to use as music accompaniment in teaching dance, music, gymnastics and the like. Recordings made pursuant to the Copyright Act § 13b and § 15, ref. § 2-1, above, may not be disclosed or loaned to students or pupils to study. Nor can such recordings used outside teaching organization's own site unless it occurs as part of the tuition normally operated on elsewhere.
§ 2-3. KKD can provide provisions on the freedom to store and make copies of recordings made pursuant to the Copyright Act § 13b, ref. § 36.
Efemære admission to use in their broadcasts, cf. Copyright Act § 31
§ 2-4. With recording means in § 2-5 to § 2-8 producing copies pursuant to the Copyright Act § 31, the transfer of intellectual property to the device which can reproduce the work for broadcast.
§ 2-5. The Norwegian Broadcasting Corporation and others who have a license to operate a broadcasting organization can record intellectual property without specific consent when
a)
recording done by the broadcasting organization's own resources, and
B)
recording made for use by the broadcasting organization's own broadcasts, and
C)
broadcasting organization in general have the right to include the work in its programs, ie broadcasting organization by law or agreement have the right to broadcast the work.
§ 2-6. Recordings made pursuant to the Copyright Act § 31 subsection (cfr. § 2-5 above) can broadcast enterprise use under their own broadcasts programs for broadcast. In use for their own broadcasts are also programs concurrently transmitted over foreign stations. When broadcasting organization uses a recording by § 2-5, it is a condition that condition in § 2-5 letter c every time is present, and that the compensation for the advancement to the originator in accordance with the law or agreement. Recordings can still not be used for broadcast after the expiry of one year after the recording is done, nor can uptake during the year is used for more than four broadcasts. These restrictions will not apply to intellectual property created by a Norwegian citizen.
§ 2-7. Recordings made pursuant to the Copyright Act § 31 subsection (cfr. § 2-5 above) can be stored for one year after recording is done. Unless recording applies works of Norwegian citizen or otherwise agreed with the originator, the recording at the end of this time destroyed or deleted. Recordings that have documentary character, may still be stored in the broadcasting organization archive more than one year in the required number of copies.
§ 2-8. The provisions of § 2-4 to § 2-7 applies only to recordings made after 1 July 1961, for works which are subject to copyright under the Copyright Act. The provisions are mutatis mutandis to performing artists or others in accordance with their rights under the Copyright Act Chapter 5.
Transmission of broadcasts in cafes etc., cf. Copyright Act § 45a
§ 2-9. A broadcast may without specific consent of broadcasting organization transmitted directly through the receiver in apartments, hotels, restaurants, cafes and the like, in business room, meeting rooms and assembly halls as there is free access to and through the receiver which is used to distribute broadcast programs to employees during working hours.
§ 2-10. The access to the transmission of broadcasting given in § 2-9 shall not affect the rights of authors, performing artists, photographers or others may have a broadcasting program according to copyright law in general. Neither affects the tax under the Act of 14 December 1956 no. 4 on tax on public performances of performing artists' performances, etc. (Funds Act).
Chapter III - Provisions regarding the approval of organizations under the Copyright Act § 13b, § 38a, § 38c, § 42b and § 45b
Organizations approved by the Copyright Act § 38a
§ 3-1. KKD may decide that organizations approved by the Copyright Act § 38a and funds that receive appointment license funds for distribution, shall provide such access is necessary to verify that the compensation funds managed in a satisfactory manner. For the same purpose the Ministry may establish or modify the conditions for approval as mentioned.
Organization approved by the Copyright Act § 45b
§ 3-2. Organization representing a substantial part of the compensation eligible, may be approved by the Ministry of Culture as collection and distribution organization under the Copyright Act § 45b. The Ministry shall approve the organization's articles of association and any amendments thereto. Annual report and audited accounts shall be submitted to the Ministry by May 1 the following year.
§ 3-3. Consideration Eligible Norwegian phonogram producers and performing artists who are members of the Norwegian licensee organization in the field, can be admitted as ordinary members of the collection and distribution organization. Non-organized and foreign producers and performers as well as persons and legal persons who have acquired the rights of the life disposal or inheritance, may be admitted as affiliated members of the organization.
§ 3-4. The organization shall also charge covering remuneration for foreign and Norwegian non-organized rightholders who are affiliated members of the organization. The organization acquires the vederlagspliktiges obligations to these licensees.
§ 3-5. The organization may require the information necessary to determine whether the compensation obligation exists and for the calculation of the consideration. Consideration Mandatory broadcasting organization shall report to the organization on which recordings and phonograms broadcast and of the athletes participating.
Disputes concerning disclosure and reporting can be submitted to the Ministry for a final decision.
§ 3-6. Gross charged proceeds divided equally between the two licensee groups. Individually annual amount representing less than 0.5 per cent. Of national insurance base rounded up to the nearest whole tikrone, is not paid. Amounts below this limit allocated by the organization for purposes that the organization establishes. Stale consideration allocated in the same way.
Organization may calculate themselves an administration fee of the amount paid to other than ordinary members.
§ 3-7. Settled remuneration to rightsholders from other countries party to the Rome Convention, shall be transferred to similar collection and distribution organizations in accordance with signed reciprocal agreements. It also agreed that the transfer will not happen and that the funds should remain in earnings country and managed by the organization. Licensees from countries that have no similar collection and distribution organization, must claim compensation to be paid the offset amounts.
Procedural Deadline for application for approval under § 13b, § 38a, § 38c, § 42b and § 45b
§ 3-8. For an application for approval under § 13b, second paragraph, § 38a subsection § 38c sixth paragraph, § 42b subsection and § 45b second paragraph shall procedural deadline, as stated in the Services Act § 11 first paragraph, shall be 6 months. Service Act § 11 second paragraph that a permit is considered granted when procedural deadline has expired, does not apply to these schemes.
Chapter IV - Disputes, etc. for appointment or compulsory license situations
Treatment of disputes concerning compensation under the Copyright Act § 13a, § 17a, § 18, § 23, § 23a, § 37 and § 45b, ref. § 35 subsection
§ 4-1. Disputes concerning compensation pursuant to the Copyright Act § 13a, § 17a, § 18, § 23, § 23a, § 37 and § 45b, any party may bring for KKD. Disputes concerning compensation for retransmission of broadcasts pursuant to § 45b processed yet by the Tribunal under § 04.05 et seq., Cf. Act § 35, second paragraph. The compensation is set by the Ministry of Culture unless the matter is discussed by the commission established under § 4.3.
§ 4-2. If consideration subject fails to pay the agreed compensation or remuneration stipulated pursuant to the provisions herein may KKD at the request of consideration warranted under the Copyright Act as mentioned in § 4-1, prohibit further use. The provisions of § 4-3 and § 4-4 below shall apply mutatis mutandis. Entitled to submit a request under this provision is the individual licensee whose works or works subject to use by those provisions in the Copyright Act or organization by agreement administers compensation law for use as mentioned. Prohibition of use as specified in the Copyright Act § 45b may only be requested by an organization approved for the recovery of compensation under that provision.
Unless otherwise agreed, a prohibition decision does not preclude the licensee agrees to the continued use of their works or works. This does not apply to use under the Copyright Act § 45b.
§ 4-3. When a government agency is party to the case, it must be considered by a committee. The Ministry may also refer the case to this Tribunal in other cases where the Ministry considers it desirable. A party may also choose to travel case before the Tribunal, or require that the ministry transfers the case to the Tribunal. The requirement for this must be submitted at the same time he brings the matter to the Ministry. The other party may, within a deadline set by the ministry, request that the case be transferred to the Tribunal. In cases where the Tribunal shall decide the case, is in charge of the tribunal even preparation of the case.
The Tribunal consists of a Chairman and two other members appointed by the Chief Judge of the Oslo District Court for five years at a time. The chairman shall be a lawyer. For each member appointed deputies. Expenses for the board's activities to be carried for each case concerned the parties further stipulate Tribunal. When special reasons, the Tribunal may decide that the costs shall be borne by the state.
Negotiations by the committee established under subsection managed by the chairman. All members must participate in the decision. In case of disagreement, the decision with stemmeflerhet.
§ 4-4. For procedural rules in the Public Administration accordingly. The provisions of the Public Administration Act chapter VI on appeal, does not apply. In case of closure of the ban under § 4-2 proceedings shall be in writing, unless special circumstances dictate otherwise.
Decision on prohibition under § 4.2 shall include an indication of prohibition Scope with regard to work, work and licensees and if necessary, contain conditions for withdrawal of the ban that has been done.
Tribunal's decision inserted into the protocol. Ministry or the Tribunal may attempt conciliation between the parties. Coming settlement, shall also Settlement entered into the protocol.
By Committee of disputes concerning the use of works for educational, ref. Copyright Act § 13b, § 36 and § 38
§ 4-5. Where an agreement on producing copies of published works under the Copyright Act § 13b is not achieved after mediation by § 4-6 is completed, either party may demand that permission and conditions for reproduction in a binding manner decided by the commission as referred to in § 4-3 third and fourth paragraphs. Permits may only apply material and use of a nature and to an extent to which the powers that organization under § 38a have to conclude agreements in this area. For procedural rules in the Public Administration accordingly. The provisions of the Public Administration Act chapter VI on appeal, does not apply.
Tribunal decision inserted into the protocol. Coming settlement, shall also Settlement entered into the protocol.
Appeals decision may be brought before the court. Straight defendant's state at the Tribunal.
Mediation in contract negotiations for use of intellectual property, etc. according to the agreement license, cf. Copyright Act § 13b, § 14, § 16a, § 30, § 32 and § 34
§ 4-6. When negotiating a contract pursuant to the Copyright Act § 13b, § 14, § 16a, § 30, § 32 and § 34, ref. § 36, § 38 and § 38a, each party has the right to require mediation if one party does not comply with requirements of the other party to open negotiations on an agreement as mentioned, or if such negotiations do not lead to an agreement. The provisions on mediation in contract negotiations license applies correspondingly to negotiations on simultaneous and unaltered retransmission of broadcasts to the public between broadcasting organizations and the like forwards.
§ 4-7. The arbitration shall begin within 14 days after the claim is received by the Office of the mediator. The mediation led by the Office mediator or of a special mediator appointed by the King, and which shall be linked to the National mediator's office. About mediator promise and disqualification provisions in the act, 27 January 2012 No.. 9 concerning labor disputes § 13 and § 14 first paragraph accordingly.
During mediation, the provisions of the Act of 18 July 1958, no. 2 relating to public service disputes § 17 and § 18 first paragraph and second paragraph, first sentence shall apply mutatis mutandis. The same applies to the provisions of the Industrial Disputes Act § 20, paragraph. 4, first sentence and third sentence, § 22 and § 23 paragraph 1. Coming settlement achieved, the agreement in accordance with the established with the assistance of the mediator and signed by the parties or their representatives.
By mediation concerning negotiations on simultaneous and unaltered retransmission of broadcasts to the general public considered proposals put forward by the mediator who accepted unless any of the parties will raise objections within three months. During mediation in this area, the provisions on voting in respect of mediation proposal of the Law on Public Service Disputes § 17 subsection and § 18 first paragraph and second paragraph, first sentence, does not apply mutatis mutandis. The provisions of this section.
§ 4-8. (Repealed)
§ 4-9. (Repealed)
§ 4-10. (Repealed)
§ 4-11. (Repealed)
§ 4-12. (Repealed)
Chapter V - by Committee of disputes regarding the use of works and works when effective technological protection measures are applied, cf. Copyright Act § 53b second paragraph
§ 5-1. KKD appoint a board to deal with disputes as referred to in the Copyright Act § 53b, second paragraph. The Tribunal shall consist of a chairman and two other members appointed for four-year terms. The chairman shall be a lawyer and appointed on neutral grounds. The other two members will come from rettighetshaver- and user side. All Tribunal members must have technical expertise and understanding of rights issues. In a similar basis appointed personal deputies.
§ 5-2. The Tribunal will consider disputes regarding use acc. Copyright Act § 13a, § 15, § 16, § 17, § 17a, § 21, § 26 - § 28 and § 31 when effective technological protection measures are applied. This does not apply when the work is transferred on agreed terms so that the user can choose the time and place of access to it. The Tribunal shall not consider disputes concerning computer program. Whether the conditions for consideration by not being present, the case shall be dismissed.
§ 5-3. The licensee shall ensure that the person who has lawful access to a work without impediment of effective technological protection measures can exert use under the provisions specified in § 4-16 first paragraph. If it is not given access to legitimate uses within a reasonable time, the user may bring the matter before the Tribunal. User must covet user access against licensees before the petition addressed to the Tribunal.
§ 5-4. The Tribunal may issue an order that requires the licensee to grant the right to use for current appraisal determination. Access will be sufficient for the purpose of the current delimitation determination met while the licensee's legitimate claim to protection safeguarded. The board may also decide decision that if the licensee fails to comply with the Tribunal's decision within a given time limit, can use even circumvent the technical protection system to access for use in accordance with the provisions of the decision. Circumvention in accordance with such a decision may not be criminal or indemnifiable.
§ 5-5. Proceedings of the Tribunal administered by the chairman. All members must participate in the decision. In case of disagreement, the decision with stemmeflerhet. Expenses for the board's activities to be carried for each case concerned the parties further stipulate Tribunal. When special reasons, the Tribunal may decide that the costs shall be borne by the state.
§ 5-6. For procedural rules in the Public Administration accordingly. The provisions of the Public Administration Act chapter VI on appeal and reversal, does not apply. Tribunal's decision inserted into the protocol. The Tribunal may attempt conciliation between the parties. Coming settlement, shall also Settlement entered into the protocol.
Chapter VI - Provisions on Copyright Act apply in relation to works and with ties to other countries, etc..
Agreement on the European Economic Area (EEA)
§ 6-1. The provisions of the Copyright Act shall, to the same extent as they apply to Norwegian nationals and companies with ties to Norway, apply correspondingly to works and works referred to in the Act chapter five of
a)
a person who is a citizen or resident in a country within the European economic area (EEA) or
B)
a company that has its headquarters in a country within the EEA.
Provisions of the Copyright Act § 42 and § 45 of the right of distribution shall also apply to audio and film recordings made in a country within the EEA.
Provisions of this section does not extend protection to own image under the Copyright Act § 45c, cf. § 58 third paragraph.
Berne Convention (Berne Union), WTO / TRIPS
§ 6-2. The provisions of the Copyright Act shall, with the exception of § 38c, § 41a, chapter five and § 45c, apply to works that do not have the connection to Norway as stipulated in accordance with § 57, provided that the work has a similar connection with a country that is a member of the international Union for the protection of literary and artistic works (Berne Union) or to a country that has acceded to the agreement establishing the world trade Organization (WTO), including the agreement on trade-related aspects of intellectual Property rights (TRIPS).
§ 6-3. Protection pursuant to § 6-2 does not last beyond the term of protection applicable to that category works in the plant's homeland. As homeland under this section is considered the country where the work was first published, if this country is a member of the Berne Union or WTO. For works published simultaneously in several member states, is the homeland the country which has the shortest term of protection. Is the work published simultaneously in a Member State and in a country which is not a member, only member country homeland. Equated with simultaneous release is release within 30 days after the work was first published in another country.
For unpublished works and for works first published in a country which is not member of the Berne Union or WTO, considered the member states where the author is a resident homeland, unless otherwise stated in the fourth or fifth paragraph.
For cinematographic works whose producer has its seat or is resident in a Member State shall constitute the work's homeland.
For buildings that are listed in a member country, and for works of art and photographic works placed in a building in a Member State, should this country be regarded as the work's homeland.
§ 6-4. The provisions of the Copyright Act § 39f second and third paragraphs concerning the transfer of a right to produce a cinematographic work, apply to film works protected under § 6.2 above. If the law of the country where the film producer has its headquarters or resident decides that agreement on such transfer shall be in writing in order to have the effect that the Copyright Act § 39f second paragraph stipulates, they shall be applied. The provision of the Copyright Act § 57 subsection shall apply accordingly.
UCC
§ 6-5. The provisions of the Copyright Act shall, with the exception of § 38c, § 41a, chapter five and § 45c, apply
a)
works that are first published in a country that is party to the UCC Copyright (UCC), || |
B)
works of an author who is a national of a country party to the UCC
C)
works of an author who is resident in a country party to the UCC, if residence, according to national private law is equated with citizenship upon completion of the UCC, and
D)
works of stateless or refugees who have their habitual residence in a country affiliated to Additional Protocol 1 to the UCC.
§ 6-6. Protection pursuant to § 6-5 does not last beyond the term of protection applicable to that category works in the plant's homeland. As homeland under this section is considered the country where the work first published, if this country is party to the UCC. Work is published simultaneously or within 30 days in two or more such countries have different term of protection, is the homeland the country which has the shortest term of protection. For works that are first published only in a country that is not party to the UCC, and for works that are not published, the homeland the land where the author is a resident.
Protection pursuant to § 5.6 does not apply to works that are produced before the Convention entered into force for the foreign countries, unless countries are unwilling Norwegian work that is produced before that date.
§ 6-7. The provisions of § 5.6 and § 6.6 does not apply to works that are covered by the provisions of § 6-2 or coming from a country that is withdrawn from the Berne Union after 1 January 1951 unless countries have rights that developing countries after world Convention provisions.
§ 6-8. The provisions of the Copyright Act shall, with the exception of § 41a, chapter five and § 45c apply works first published by the United Nations (UN), the UN specialized agencies or of the Organization of American States, as well as non-published works by some of these organizations .
Rome Convention, cf. WTO / TRIPS
§ 6-9. Copyright Act § 42 shall, except for the one where right of distribution referred apply without regard to the performing artist's nationality forward that takes place in a country that is party to the Convention of 21 October 1961 for the Protection of Performers, Producers of Phonograms and Broadcasting organizations (Rome Convention) or to a country that has acceded to the agreement establishing the world trade Organization (WTO), including the agreement on trade-related aspects of intellectual Property rights (TRIPS). The same applies when it is done recording of the performance and sound recording manufacturer is domiciled in another Rome Convention country or WTO countries, or when the first recording of the sound was made in another such country, or when the first publication of the sound recording was done in a other such countries.
The same applies also when the performance, without the sound fixation of it, is included in a broadcast which is protected under the Rome Convention art. 6, provided, according to the Norwegian subject to the article, that broadcasting institution both have their seat in another Convention country and the broadcast was made from the transmitter in the same convention country.
The provision of this section apply correspondingly to performing artist, when there is connection as mentioned here in a country that has acceded to the WTO Agreement.
§ 6-10. The provisions of the Copyright Act § 42 the hiring of recording apply when recording audio renders a performance of a performing artist, who have such an association as defined in § 6.9 to a country that has acceded to the WTO Agreement. The provisions of the Copyright Act § 45 on the rental of sound recordings, apply when the producer of the sound recording is domiciled in a country that has acceded to the WTO Agreement.
§ 6-11. Copyright Act § 45a shall include broadcasting from broadcasting institution which has its seat in a country which is affiliated with the Rome Convention or the WTO Agreement when transmission occurs from the transmitter in the same country. This provision does not include retransmission by wire.
§ 6-12. The provisions of the Copyright Act § 45b shall apply to all sound recordings that are produced by someone who is domiciled in a country that is party to the Rome Convention provided this country admits performing artists or manufacturers of recording compensation immediately after the provisions of the Rome Convention art. 12. The right to compensation for the retransmission of broadcasts not covered by this provision. The right to compensation under subsection does not last beyond the time Norwegian audio recordings given corresponding compensation law of the country where the manufacturer is domiciled.
The European Convention on the protection of television programs
§ 6-13. Copyright Act § 45a shall include
a)
television broadcast from broadcasting institution which has its seat in a country which is affiliated with the European Convention of 22 June 1960 on the protection of television broadcasts, and
B)
television broadcast transmitted from the territory of a country that is party to the European Convention of 22 June 1960 on the protection of television broadcasts.
Import audio and film recordings, ref. Copyright Act § 54 letter e
§ 6-14. The provision of the Copyright Act § 54 first paragraph letter e does not apply to the import of copies of recordings lawfully placed on the trade in and imported from a State party to the Agreement on the European Economic Area (EEA).
Use of Copyright Act § 38c relative to the work relating to countries outside the European Economic Area (EEA)
§ 6-15. Under condition of reciprocity in relation to the land originator is a citizen shall Copyright Act § 38c apply to works that do not have the connection to Norway as stipulated in accordance with § 57 and are not covered by this regulation § 6-1.
Chapter VII - Commencement, etc.
§ 7-1. Regulations come into force on 1 January 2002. From the same date the following regulations:
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Regulations of 27 November 1964 No.. 1 copyright laws and photograph
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Regulation of 2 April 1965. 4 for admission of intellectual
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Regulations of August 29, 1969. 1 of the central libraries access to photocopying
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Regulation of 28 January 1972. 4 copyright laws etc.
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Regulation of 10 April 1978 No.. 3789 for the expert advice of intellectual works
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Regulation of 2 May 1980 no. 4 for mediation in negotiations about photocopying etc. of vernete System for use in educational activities
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Regulation of 18 September 1981 no. 8951 on access to recordings of educational programs
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Regulation of 2 May 1986 No.. 1010 regarding a commission dealing with disputes concerning the retransmission of broadcasts program
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Regulation of 6 May 1988 no. 346 on direct transmission of broadcasts in cafes, businesses, etc.
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Regulation of 22 December 1989 no. 1286 concerning the collection and distribution of remuneration to performers and producers for the use of phonograph records or other sound recordings in broadcasting
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Regulation of 3 January 1994. 2 on imports of phonograms etc.
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Regulation of 25 April 1997 no. 383 of the Copyright Act apply in relation to works and with ties to other countries, etc.
