ORGANISATION MONDIALE 
DU COMMERCE 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce IP/N/l/NOR/C/3 
1 er mars 2004 
(04-0905) 
Original:" anglais 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFrEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
NORVEGE 
Par une communication de sa delegation, datee du 11 octobre 2000, la Norvege a notifie au 
Secretariat le texte1de la version consolidee de la Loi nO 2 du 12 mai 1961 sur le droit d'auteur afferent 
aux reuvres litteraires, scientifiques et artistiques, etc .... , avec les modifications qui lui ont ete 
apportees ulterieurement (voir les explications ci-apres), dont la demiere date du 16 avri11999. 
La Loi nO 4 du 9 janvier 1998 a apporte les modifications necessaires pour mettre en 
reuvre, dans la legislation norvegienne, l'article 4 de la Directive 9211 OO/CEE (relative 
au droit de location et de pret et cl certains droits voisins du droit d'auteur dans le 
domaine de la propriete intellectuelle). Entree en vigueur: 9 janvier 1998. 
Les modifications apportees cl la Loi de 1961 sur le droit d'auteur concemaient les 
articles 39m, 42, 54 et 55. 
La Loi nO 19 du 16 avril1999 a apporte les modifications necessaires pour mettre en 
reuvre, dans la legislation norvegienne, la Directive 96/9/CE (relative cl la protection 
juridique des bases de donnees). Entree en vigueur: 16 avril 1999. 
Les modifications apportees cl la Loi de 1961 sur le droit d'auteur concemaient les 
articles 12,21, 39h, 43 et 58. 
1 En anglais seulement. IP IN/1INOR/C/3 
Page 2 
ACT NO. 2 OF 12 MAY 1961 RELATING TO COPYRIGHT IN LITERARY. SCIENTIFIC 
AND ARTISTIC WORKS,'ETC., WITH SUBSEQUENT AMENDMENTS, LATEST OF 16 
APRIL 1999 
Chapter 1 The oh.lect and substance of the copyright 
§ 1. Any person who creates a literary, scientific or artistic work shall have the copyright 
therein. 
By such a work is meant in thif\ Act a Iitera.ry, scientific or artistic work of any kind, 
irrespective of the manner or f()rm of expression, such as: 
1) writings of all kinds, 
2) oral lectures, 
3) works for stage perfonnance,dramatic and musical as well as choreographic and 
pantomimic; also radio plays, 
4) musical works, with or without words 
5) cinematographic works, 
6) photographic works, 
7) paintings, drawings, graphic and similar pictorial works, 
8) sculpture of aU kinds) . 
9) architectural works, drawings and models as well as the building itself: 
10) pictorial \toven tissues and articles of artistic handicraft and applied art) the prototype 
as well as the work itself: . 
I ]) maps, also drawings and graphic and plastic: representations or portrayals of a scientific 
or technical nature, 
12) computer programs, 
13) translations and adaptations ofthe above-mentioned works. 
In the case of photographic pictures which are not a literary, scientific or artistic work, 
section 43 a shall upply. 
§ 2. Subject to the limitations laid down in this Act, copyright shall confer the exclusive 
right to dispose ofu literary, scientific or artistic work hy producing copies thereof and hy 
making it available to the puhlic, be it in the original or an altered form, intranslution or 
l1daptation, in another literary or artistic form, or hy other technical means. 
The transferring of a work to any device by which it can be reproduced shall also be 
considered a production of copies. 
A work is made available to the public when it is perfonned outside private premises, 
or when copies of the work are offered for sale, rental or lending, or otherwise distributed or 
displayed outside such prQTIises. 
~ 3. Both when copies of a literary, scientific or artistic work are produced, and when it is 
made available to thepuhlic, the author is entitled to have his name stated in the manner 
re4uired by proper'usage. 
If another person has the right to alter a literary, scientit1c or artistic work or to make it 
available to the public, this must not be done in a manner or in a context prejudicial to the 
author's literary, scientific or artistic reputation or to his individuality, or prejudicial to the 
reputation or individuality of the work itself. IP 1Nl 1 INORlC/3 
Page 3 
The author may not waive his rights under the fir~t and second paragraphs, unless the 
use of the work in question is limited in nature and extent. 
Tf the work is made available to the public in such prejudicial fonn as is stated in the 
second paragraph, the uuthor, even ifhe has given valid consent to the use of the work, shalt 
have the right to demand either that he is not to be named as the author, or that it is stated in a 
satisfactory manner that the alterations made do not derive from him. This right may not be 
waived by the author. 
§4. The author may not object to other persons using his scientific, literary or artistic work 
in such a manner that new and independent works M'e created. The copyright in the new and 
independent work shall not be 'subject to the copyright in the work that has been used. 
Any person Who translates or adapts a literary, scientific or artistic work or converts it 
into another iitcrary or artistic fmm shall have the copyright in the work in that form, but may 
not dispose of it iinmch a manner as to infringe the copyright in the original work. 
§ §. Any person who by combining several literary, scientific or artistic works., or parts 
thereof, creates a collective literary, scientific or artistic work shall have the copyright in the 
collective work,but this right shall in no way restrict the copyright in the iridividual works of 
which the collcctlVe work consists. 
Unless otherwise agreed, the individual contributors shall be free to make their 
contributions public in another manner. 
§6. Tf a literary, scientific or artistic work has two or more authors whose individual 
contributions cannot he distinguished as separate works, the copyright in the work shall 
belong to the authors jointly. 
For the initial issuing of such a work the consent of all the authors must be obtained, 
unless such consent has, C!xplicitly or tacitly, heen given in advance. The same shall apply to 
the issuing of such a work in another manner or in another form than previously. However, it 
may be reissued in the same manner at the demand or with the consent of each of the authors. 
Each of the authors shall have the right to prosecute in respect of infringement~ of the 
copyright. 
§ 7. Tn the absence ofproofto the contrary, the person whose name or generally known 
pseudonym, mllIk or 'symbol is entered in the usual manner on copies of a work, or stated 
when the work is made avail&ble to the public, shall be deemed to be the author of the work. 
If a work is published witho~t the name of the author being stated in accordance with 
the first paragraph, the editor, or ifhe isnot named either, the publisher, may !lct on behalf of 
the author until the latter's name is stated in a new edition or in a notification to the Ministry 
concerned. 
§ 8. A literary, scientific or artistic work is i!lsued when with the consent of the uuthor it 
has been made 8vailahJe 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 
puhlic pursuant to sections 19, 20, 23 and 24. IP /N!1/NORlC/3 
Page 4 
A literary, scientific or artlstic work is published when a reasonable number of copies 
thereofhave, with the consent of the author, been placed on sale or otherwise distributed to 
the public, 
§9. Legal statutes, administrative regulations, court decisions and other decisions by public 
authorities are not protected by this Act. This is alRo the case with proposals, reports and other 
statements which concern the public exercise of authority, and which are made by a public 
authority, a publicly appointed council or committee, or published by the puhlic authorities. 
Similarly, official translations of such texts are not protected by this Act. 
Literary, scientific or artistic works which have not been produced specially for use in 
documents specified in the first paragraph, and from which parts are quoted or which are 
reproduced in a. separate appendix, are not covered by this provlRion, Nor shall the first 
paragraph apply to poetry. musical compositions or works of art. 
§lO. RCbrlstration of a literary, scientific or artistic work as a design shall not affect the. 
protection 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 
§ 11. The provisions of this chapter shall impose no further restriction of the author's rights 
pursuant to section 3 than that ensuing from section 29. 
When a work·is publicly reproduced pursU!1J1t to the provision~ of this chapter, this 
may he done in the dimensions and fonn required for the purpose, but without thereby altering 
or prejudicing the character of the work. When a work is thus reproduced, the source shall 
always be stated in the manner required by proper usage. 
Making copies forpriv"te use 
§ 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: 
11) copy an un;hitectural work through the construction of a building, 
b) make machine-readable copies of computer programs, 
c) muke machine-readable copies of databases in machine-readable tom, or 
c) make copies of works of a.rt by means of photocopying, taking a cast or impression, or 
by other similtif means of reproduction if the copy may be perceived as an original. 
The provil1ion in the firflt paragraph shall not confer a right to enga.ge outside 
assistance to reproduce articles of artistic handicraft and applied art, sculpture, pictorial 
wcavi.ngs or to make artistic reproductions of other works of art. Copies ofmus.ical works and 
cinematographic works may not be made by outside assistants participating for purposes of 
gain. Making copies for use In educational activities JP INIlINORlC/3 
Page 5 
§ 13. Any person may for use in his own educational activities; by photocopying or similar 
means of reproduction, make copies ofa published work, as well as make a fixation ofa work 
that is included in a broadcast, ifhe fulfils the conditions for an extended co\1ectjve licence 
pursuant to section 36, first paragraph. Works of pictorial art and photographic works may 
only be photocopied from a.reproduction in a book, periodical, newspaper or similar printed _ 
puhlication. Nor does this provision confer a right to make a fixation of a cinematographic 
work which must be perceived as also intended for uses other than presentation via television, 
un less only minor parts of the work are used in the broadcast. 
Fixation centres which are approved by the Ministry may, for use in educational 
activities, make fixations as specified in the 'first paragraph, if the centre fulfils the conditions 
for an extended collective licence pursuant to § 36, first paragraph. 
Copies made pursuant to thetirst and second paragraphs may only be used in 
educational activities covered by the agreement under section 36. 
The King wlIl.issue regulations concerning the storage and use of fixations. The King 
may decide that schools and other educational institutions may make fixations for time­
deferred use free of charge. 
Teachers and pupils may make fixations of their own perfonnances of works for 
educational use. ~ch fixations shall not be used for other purpolles. 
Photocopying In instJtutions, commercial enterprises, etc. 
§ 14. Puhlic and private institutions, organizations and commercial enterprises may, tC.)f use 
within their own activities,-make copies of a published work by photocopying or a similar 
means of reproduction, ifthey fulfil the conditions for an extended collective licence pursuant 
to section 36, first paragraph. Such copies may only be used within the activity which is 
covered by the agreement pursuWlt to section 36. Works of pictorial art and photographic 
works may only be copied from a reproduction in a book, periodical, newspaper or similar 
printed publication~ . 
Fixations made in health Institutions, etc. 
§ 15. Health institutions, homes for the elderly, prisons and similar institutions may make 
fixation!> of works that are part of a broadcast for presentation within a short period of time in 
the institution. 
The King will determine which institutions shall have the right to make fixation~ as 
specified in the first paragraph, and will issue regulations regarding the use and erusure of 
such fixations. 
M.aking copies Ln archives, Ubnrlcs Ilnd museums 
§ 16. The King may issue rules regarding the right of archives, libraries and museums to 
make copies of works tor conservation and aafety purposes and other special purposeR. IP /N1l/NOR/C/3 
Page 6 
Making copies for the disabled 
§ 17. From a published l,iterary or scientific work or musical work copies intended for the 
use of the blind and persons whose sight is impaired may be made in a form other than a 
sound fixation. Published literary or scientific works may be reproduced on film,· with or 
without sound, intended for the use of persons whose hearing or speech is impaired. 
The provisions of the first paragraph shall not confer a right to reproduce copies which 
others have made with a particular view to the usos specified therein. 
The King maydecide that certain specified organizations and libraries shall, on 
stipulated terms, for the purpose of !,I'fatis lending to the disabled, have the right to make 
copies ofpuhlished literary or scientific works by making a fixation on a device that can 
reproduce them. In connection with the text of such works, issut.:d works of art and issued 
photographic works may be reproduced on the fixation. The author is entitled to remuneration 
to be paid by the State. 
The King may issue regulations regarding the right to make a fixation of a published 
film or picture, with or without sound, and of a transmitt.ed broadcasting programme not 
essentially consisting of musical works. Such regulations shall only apply to such use as is 
specified .in the third paragraph, and only be applicable when the person making the fixation 
fulfils the conditions for an extended collective licence pursuant to section 36, first paragraph. 
Collective works for use.,{n education, etc. 
§ lB. In a collective work, intended for use in religious services or in education, and 
consisting of works by a large number of authors, minor parts of literary or scientific works or 
musical works or short works of this kind, may he reproduced if five years have elapsed since 
the expiry of the year in "which the particular work was published. In connection with the text 
D r 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 1.\ 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 WMk shall be entitled to remuneration. 
Distribution of copies 
§ 19. When a copy of a work has heen sold with the consent of the author, the copy may be 
further distributed amongst the public. The same shall apply to copies of issued works, and 
any copy of a work of art or photographic work w.hich th~ author has assigned in any other 
way. 
The provisions of the first paragraph shall not confer a rental right, except in respect of' 
buildings and works of applied art. Nor do the provisions confer a lending right in respect of 
machine~readable copies of computer programs. Exchanges that are carried out as an 
organized activity shall be considered on a par with rental. 
Exhihition of copies IP INIlINORlC/3 
Page 7 
§ 20. If a work has been published, or if the author has assigned copies of a work of art or a 
photographic work, the c.:opies may be publicly exhibited. Cupies of issued works of art and of 
issued photographic works may be publicly exhibited in an educational context. This 
provision shall not confer a right to exhibit a copy ofa work of art or a photographic work in a 
film or in a broadcast. 
Performance in Rn educational context, etc. 
§ 21. A puhHshed work may be perfonned publicly at religious services and in Iil1 
educational context. 
A published work may also be perfonned puhlicly: 
u) at events where th; performance of litera.ry, scientific or artistic works is not the 
primary feature, provided that the audience is admitted free of charge, and the event is 
not even indirectly organized for purposes of gain, 
b) at youth meetings that have not been arranged for purposes of gain. 
This section shall not apply to cinematographic works or the stage performance of 
stage works or to the public perfonnance of databases in an educational context of a 
commercialnafure. Norshall the section confer a right to perform a work ina broadcast. The 
right to perform ltwork in an edu.cational context shall not apply to performances within the 
framework of organized concerts. 
·QUotRtjon 
§ 22. An issued work may be quoted, in accordance with proper usage and to the extent 
necessary to achieve the desired purpose, 
Reproduction of works of art 
§ 23. 19sucd worksof art and issued photographic works may be reproduced in connection 
with the text of a critical or .. scientific treatise which is not of a generally informative character; 
when this is done in accordance with proper usage and to the extent necessary to achieve thc 
desired purpose. Siibjcctto the same limitation an issued photographic work may also 'be 
reproduced, on payment of remuneration, in critical Or scienti tic treatises of a generally 
infonnativc character and in order to clarify the text in publications intended for instructional 
use. An issued portrait may be reproduced in a publication containing biographical material. 
Issued works of art and issued photographic works may be reproduced in newspupers, 
periodicals and broadcasts in connection with the reporting of a current event. However, this 
shaH not apply to works that are created with a view to reproduction in newspapers, 
periodicals or broadcasts, The author shall he entitled to remuneration except in the case of a 
current event related to the w(lrk that is reproduced. 
If a work orart or a photographic work has been published, or if the author hUE; 
assigned a copy of such Cl work, the latter may be included in newspapers, peri'odieuls, Jilmti or 
broadcasts, provided that the work forms part of the background or in like manner is of minor 
importanoe in the overall context. IPIN/1INORlC/3 
Page 8 
§ 24. Works of art and photographic works which fonn part of a collection or which are 
exhibited or offered for sale may be depicted in catalogues of the collection and in 
announcements of the exhibition or sale. 
Works of art and photographic works may also be depicted when they are pennanently . 
located in or near a public place or thoroughfare. However, this shall not apply when the work 
is clearly the main motif and the reproduction is exploited commercially. 
Buildings may be freely depicted. 
News report In 11 broadc.ast or mm 
§ 25. If the pe.rfonnance or exhibition of a work forms part of a current event which is 
broadcast or filmed, brief excerpts from the work, or the entire work if it is of minor extent, 
may he included in the broadcast (lr film. In cases where the perfonnance or exhibition of the 
work only forms part ofthebackhJfOund or in like manner is of minor importance compared to 
the main subject of the news report, the entire work maybe reproduced. 
Public proceedlngs,- right of Information, etc. 
§ 26. Proceedirlks in pUbfic assemblies, boards, councils and the like, in meetings of elected· 
public a.uthorities, in court cases and in public meetings held to discuss questions 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. 
§ 27. Protection pursuant to this Act shall not preclude access to documents pursuant to the 
Public Administration Act and the Freedom ofInformation Act or other legislation. 
Nor shall the Act prevent a work from being used in connection with a search, an 
investigation or as evidence. 
§ 28. The right to further reproduce dOicument~ invoked as evidence or ail an expert opinion, 
etc. in such proceedings liS are specified in section 26, and documents that may be inspected 
pursuant to legislation as specified in section 27, is dependent on the rules that otherwise 
apply. Nonetheless, such documents may be quoted in accordance with proper usage and to 
the extent necessary in ord~r to describe the proceedings or the matter for which the document 
has relevance, even if the work has not been issued. 
Altera.tion of buildings and works of applied art 
§ 29_ Build.ings and works of applied art may be altered without the author's consent when 
this is done for technical reasons or for utilitarian purposes. Special provisions regardJnK broadc8I1tinr:. etc. IP/N/l/NORlC/3 
Page 9 
§ 30. The Norwegian Broadcasting Corporation and other broadcasting organizations, as 
decided by the King, are entitled, on payment of remuneration, to broadcast a published work 
if the organization. by agreement wjth an organization representing a large part of Norwegian 
authors in the field in question, is otherwise entitled to broadcast works ofthe kind to which 
the agreement applies, The same shallllpply to issued works of art and issued photographic 
works. 
If the parties to the agreement so agree, any dispute as to the interpretation of the 
agreement shall be decidel pursuant to the rol.es prescribed in accordance with section 35, 
first paragraph. 
In the case of satel1ite broadcasting, the provisions of the first paragraph shall not 
apply unless the broadcast from the same broadcasting organization is simultaneously 
transmitted in the realm over a territorial network. 
The provisions of the first paragraph shall not apply to transmission by wire. It shall 
not apply to stage works an.d cinematographic works, nor to other works if the author has 
prohibited broa.dcasting hy the Raid organization. or there is otherwise speciuI reason to 
assume that he is opposed to the work being broadcast. 
§ 31. The No~gian Broadcasting Corporation and others who have a licence to operate a 
broadcasting organization may, by means of their own equipment and for use in their own 
broadcast~, make "tlxationsofworks on devices that can reproduce them, if they otherwise 
have the right to includethework.concemed in their broadcasts. The right to makesuch 
fixations available to the public shall be subject to the rules which are otherwise in force. The 
King will issue further regulations concerning the use anp storage of such fixations. 
The provision in the first paragraph shall not conJer a right to combine film and sound 
by transferring a sound fixation to a film unless El pertonnance at the time of fixation forms 
part of the film. 
§ 32. Discussion programmes which are broadcast and in which topics of public interest arc 
diHcussed may he publicly reproduced by anyone without the COnsent of the author. An author 
sha.ll, however, have an exclusive right to puhlish compilations of his own statements. 
§ 33. The King may issue regulations concerning the right to make a tlxation of a 
transmitted broadcast for the use of an au~hor or a performer when use has been made of his 
work or performance in the broadcast. Similar provisions may he made for the benefit of 
others who have a particular need for a fixation. 
Fixations pursuant to the first paragraph may only be used for the basic purpose for 
which the fixation was made. Further provisions may be laid down in the re1,'lJlations 
concerning the use and storage of such fixations. 
§34. Works that are lawfully included in a broadcast may, by simultaneous and unaltered 
rctnmsrnission, be communicated to the public when the person effecting the retransmission 
fulfils the conditions for arf extended collective licence pursuant to 'section 36, first paragraph, IP/N/1/NORlC/3 
Page 10 
or retransmits with the pennission 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 38 a. 
Retransmission of works originally broadcast by wire is not covered by this section. 
Common provisioDII regarding compulsory licences, extended collective licences, 
commissions, etc. 
§ 35. Each ofthepmties may demand that remuneration pursuant to sections) 7, third 
paragraph, 18,23,30 and 45 b shall be detennined in a binding manner in accordance with 
rules prescribed by the King. The King wi11lay down rules to the effect that a person who fails 
to pay remuneration for which he is liable may, on the request of the person entitled thereto, 
with binding effect be prohibited from making continued use of a work. 
The King will issue rules regarding a commission as referred to in sections 34 and 45 
1:1, fourth paragraph. 
§ 36. When there is an agreement with an organization referred to in section 38 a which 
alI.aws such use 0+: a work as is specified in sections 13, 14, 17, fourth paragraph,· and 34,a 
user who is covered by the agreement shall, in respect of 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 tho agreement (extended collective licence) 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 organizl:ltion concerning an agreement, are refused or no 
agreement has been entered into within six months after the commencement of negotiations, 
each of the parties may demand that pennission and conditions for retransmission be 
determined in a binding manner by a commission pursuant to section 35, second paragraph. 
The provisionfl ofthe first paragraph shall apply correspondingly 1n such cases. 
§ 37. Ln connection with the use of works pursuant to section 36, whatever the agreement, 
the commission or the organization receiving the remuneration for such use decides with 
regard to the collection and distribution of remuneration shall also be binding on the 
rightholdcrs who are not represented by the organization. Non-member rightholdcrs shall have 
the same rights as rightholders who are members of the organization to share in the fund.'> and 
benefits that are distributed or largely financed from the remuneration. 
lrrespective"ofthe provision in the first para..wl:lph, anon-member rightholder who can 
substtlntiate that his work has been used pursuant to section 36 may demand that remuneration 
for such 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 detennined pursuant to rules laid down by the King. IPINIlINORlC/3 
Page 11 
§ 38. Should an agreement pursuant to sections 13, 14 and 17, fourth paragraph, not be 
concluded, each of the parties may demand mediation in accordance with rules laid down by 
the King. Where the parties so agree, permi!lsion and conditions for making copies may be 
determined in accordance with the rules prescribed pursuant to section 35, first paragraph. 
Such determination shall have the same effect as an agreement pursuant to section 36, first 
paragraph. 
Where the parties to agreements pursuant to sections 13, 14 and 17, fourth paragraph, 
so agree, any dispute concerning the interpretation of an agreement may be decided in a 
binding manner in accord~ce with the rules prescribed pursuant to section 35, first paragraph. 
Should an agreement with a broadcasting organization concerning permission to make 
fixations of the organization's broadcasts for such uses as are covered by section 13 or ] 7, 
fourth paragraph, not be concluded, the provision in the !irst and second sentences of the first 
paragraph shall apply correspondingly. In the event of a dispute regarding the interpretation of 
such an agreement, the provision in the second paragraph shall apply correspondingly. 
Where the parties concerned so agree, a dispute regarding the interpretation of an 
agreement in respect of such retransmission as is specified in section 34 may in a binding 
manner be decided hy the commission referred to in section 35, second paragraph. 
§ 38a. Agreements intended to have an effect as specified in section 36, first paragraph, shall 
be entered into b~ an organization which represents a substantial part of Norwegian authors in 
the field, and which i~ approved by the MiniRtry. For use in certain specified fields, the King 
may decide that the organization which is approved shali be a joint organiL.ation for the 
rightholders concerned. 
The King may issue further provisions regarding .the supervision of the organizations 
and funds which receive remunerati(')n for further distribution. 
The organizations' right of action 
§ 38 b. An organiza.tion referred to in section 38 a. may. in the ahsence of any objection from 
the nghtholder, demand that a user who has not entered into I>uch an Bhl'feement liS is referred 
tu in section 36 shall be prohibited hy a court judgment from unlawfully exploiting a work in 
II manner thut is covered by the provisions of sections 13, 14, 17, fourthpllragraph, or 34. The 
same shall apply to uuser who is party to such an agreement and who fails to pay the agreed 
remuneration. 
Similarly, an organization referred to in section 38 a may. in the absence of any 
ohjection from the rightholder, submit a claim pursuant to sections 55 and 56 of this Act 
against anyone who .has undertaken such unlawful use as is referred to in the first paragraph. If 
the perHon who has unlawfully exploited a work bas sati~ed the organization's claim, the 
rightholder's claims as regards the same use may only be directed to the organization, which is 
then obliged to pay the rightholder what he is entitled to. 
Chapter 3. Transfer of copyright 
General provisions IP/N/1/NORlC/3 
Page 12 
§ 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 ifit is the original that iSE\Asigned. Assignment of copyright does not include ownership 
of the manuscript or any other copy that is delivered in connection with the assignment. 
§ 39 11. If the author has assigned the right to use the work in a specific manner or by specitic­
means, the tlssih'Tlee shall not have the right to luse it in another manner or by other means. 
AlterBtin~JS find further .assignment 
§ 39 b. Assignment of copyright shall not canter a right to alter the work unless otherwise 
agreed. 
Nor may any further assignment of copyright be made without consent, unless the 
copyright belongs to a bUSiness or to a part thereof and is assigned together therewith. The 
assif,'Tlor shall remain liable for the fulfilment Of the agreement with the author. 
Checking aceouTUs 
§ 39 c. If the author's remuneration is calculated on the basis of the assignee's turnDver, sales 
figures, etc. the author may demand that a statement of accounts be rendered at least Dnce a 
year. Similarly, the author may demand that each statement be accompanied by detailed 
infonnation regarding the matters on which the calculation ofremllneration is bused. 
Th'e authi.)r may demand that the assignee's balance sheets, account books and stock, as 
well as certificates from the person who has exploited the work, shall be pJaced at the dispDsal 
of a state-authorized accountant or registered auditor who has been appointed by the author. 
The aCCDuntant Dr auditor shall inform the author as to. the accuracy ofthe statement of 
accounts that heR been drawn up, and as to any irregularities therein, but otherwise he has U 
duty of confidentiality as regards all other mat~ers of which he may learn in the course of his 
examination. 
The provisions of this section may not be departed from in a manner prejudicial to the 
author. 
Agreements regarding performance 
§ 39 d. Assignmentof the right to perform a work publicly shall not give the aSiiignee an 
exclusive right unle~s this has heen agreed. Unless otherwise agreed, such assignment shall be 
valid for three years. ' 
Even though an exclusive right ofperfonnance has heen as~igned, the author may, 
unless otherwise agreed, himself perform the work or assign the right of performance to 
l\notherperson, if the aSHignee has for three consecutive years failed to exercise the right. 
The provisions of this Hcction shall not apply to cin~matographic works. Publishing Itgreements IPINI1 INOR/C/3 
Page 13 
§ 39 e. By u publishing agreement the author assigns the right to reproduce a work by means 
of pr.inting or a similar process, and to publish the work in that form. 
Insofar as apub1ishingagr~ement confers an exclusive right, the publisher is obliged to 
publish the work within tl reasonable period of time and ensure that it is distributed in the 
usual manner. If, after the work has been published, the publisher 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 aoso by the author. the author may rescind the agreement and retain the fee 
received. 
Unless otherwise agreed, the publisher shall have the right to publish up to 3,000 
copies of the work. but if the publication comprises only musical works, not more than 1,000 
copies, and when the publication comprises only works of pictorial art, not more than 200 
copies. 
When more than one year has elapsed since the publisher published the work, or more 
than one year has elapsed since the author last made alterations in the work, the author shall 
be entitled, if further copies are to be made. to make alterations which do not entail 
disproportionate expense or alter the character of the work. 
When 15'e~s have elapsed since the expiry ofthe year in which the publisher first 
published the work, the author shall have the right to include the work in an edition of his 
collected or selected literary workA. The right to publish such an edition shall first be offered 
to the publisher or, if the author's works have been published by several difft:rent publishers, 
to the publisher who may be considered his main publisher. 
The author may claim compensation for any damage resulting from default. However, 
this shaH not app.Jy insofar as it is substantiated that the damage is due to an obstacle which 
was beyond the publisher'S control, and which the publisher could not reasonably have been 
expected to have taken into consideration at the time the agreement was made or to U\l.(lid or 
overcome the consequences thereot~ If the damage is caused by a third party whom the 
publisher has charged with taking the action 'necessary to fulfil the agreement, the publisher 
shall only be free from liahility if the third party would also have been exempt from liability 
pursuant to the provisions ofthispanlbrraph. 
In the case of serious default on the part of the publisher as regards his obligations 
pursuant to the publishing agreement, the author may rescind the agreement, retain the 1ee 
received and claim compensation in accordance with the rules in the sixth paragraph for 
damage that is not coverod by the said fee. . .. 
Any agreement that to the detriment of the author significantly deviates from the 
provisions of the second, sixth and Ileventh paragraph cannot be applied. The author may not 
waive his right pursuant to the fifth paragraph. 
The provisions of this sectfon shall not apply to agreements concerning contributions 
to newspapers or periodicals, or agreements concerning contributions which arc to be used as 
illustrations in works thatjlre to he published. The provisions of the second and third 
paragraphs shall not apply to agreements concerning contributions to collective works. The 
provisions of the second paragraph shall nDt apply to agreements concerning translations. 
Agreements regarding the production of cinematographic works IP/N/1/NOR/C/3 
Page 14 
§ 39 f. If the author has as~igned the .right to use a work for El film, the assignee shall, unless 
otherwise agreed, be obliged tu produce the cinematographic work within a reasonable period 
of time and ensure thatit is communicated to the public. In the case ofserious default on the 
part of the assignee, the author may rescind the agreement, retain the fee received and, 
pursuant to the provisions of section 39 e, claim compensation for damage not covered by the 
said fee. 
Unless otherwise agreed, the assignment of a right to produce a cinematographic work 
comprises the right to 
a) make copies of the cinematographic work, 
b) make the cinematographic work available to the public by distributing copies and hy 
showing the work, and 
c) furnish the cinematographic work with subtitles or translated speech. 
The'provision in the second paragraph shall not apply to 
a) already existing works, 
b) screenplays and musical works specifically created for use in the cinematngraphic 
work, or 
c) the principal direction of the cinematographic work. 
Computer programs 
§ 39 g. Copyright in a.cGmputer program which is created hy an employee in the execution of 
duties for which he is employed or in accordance with thcinstructions of his employer shall, 
subject to the limitation ensuing from section 3, devolve on the employer, unless otherwise 
agreed, ' 
§ 39 h. Any person having a right to use a computer program may make copies of, alter and 
adapt the program insofar as is necessary for the use of the program in accordance with its 
intended purpose, including the correction of errors in the program. 
Any person having a right to use a computer pro!,TfarTI may make a backup copy insofar 
as it is necessary for the use ofthe program, 
Any person ha~ing>a right to use 11 copy of a computer program may, in connection 
with such louding, displaying, rUlming, transmission or storage ofthe program as the user is 
entitled to pcrfonn, observe, stUdy or test the functioning of the program in order to detennine 
the ideas and principles which underlie the various elements of the program. 
Any personhavins a right to use a database, may perfonn such acts !l~ are necessBIY to 
access and make normal use of the contents of the datahase 
No departures from the provisions of the second, third or fourth paragraphs may be 
made by agreement. 
§ 39 i. It is pcnnissiple to make a copy of the code of a computer program and translat~ the 
farm of the code when this is indispensable in order to obtain the intonnation necessary to 
achieve the intcroperability of un independently created computer program with other 
programs, if 
a) these acts are performed by a person having il right to Ui~e a copy of a computer 
program, or on his behalfby a person authorized to do so, 
b) the information necessary to achieve interoperabilityhas not previously been readily 
available to the persons referred to in Iitra a), and IPINIlINORlC/3 
Page 15 
c) these acts are con.flned to the parts of the original program which are necessary to 
achieve interoperability. 
The information obtained through the application of the provisions of the first 
paragraph shall not 
a) be used for purposes other than to make possible the interoperability of the 
independently created computer program, 
b) be given to others, except when this is necessary in order to make possible the 
interoperability of the independently created computer program, or 
c) be used for the development, production or marketing of a computer program 
substantially similar to the original in its expression, or for any other act which 
infringes copyright in the program. 
No departures from the provisions of this section may be made by agreement. 
CommtSllioned portraits 
§ 39 j. The author may not exercise his rights relating to a commissioned portrait without the 
consent of the person who commissioned it.. 
ffthe portra.it is a photographic work, a copy of it may in the usual manner be 
exhibited as an advertisement for the author'S photographic activities, provided the person 
who commissio~ it does not prohihit such exhibition. 
With regard to protection of the subject of the portrait, the provisions of section 45 c 
shall apply even if the port.Tait is not a photographic work. 
§.39 k. After the author's death the rul~s relating to inheritance .• the community property of 
spouses and the right of the surviving spouse to remain in possession of the undistributed 
estate shall also apply to the author's copyright. 
In his will the author may, with binding effect also 8!> regards the surviving spouse and 
the heiT/\ of his body, make prOVisions a~ to the exercise of his copyright or empower another 
person to make such provisions. 
If a copyright has been inherited from the author by several persons jointly, the 
provisions of section 6 shall apply correspondingly unles!\ otherwise provided pursuant to the 
second paragraph. 
. Any inmngement of such provisions as are referred to in the second paragraph or of 
the provisions of seCtions 3 and 11, second paragraph, may be prosecuted both by the author's 
surviv.ing spouse and by any other ofhts relatives in direct line of ascent or descent, brothers 
and 1'1sters, or by the person appointed pursuant to the second paragraph of this section. 
§ 39 I. The author',; right to dispose of a literary, scientific or artistic work shall not be subject 
to execution or any other .enforcement measure on the part of his creditors, either against 
himself, or against any person to whom, on the author's death, the copyright has passed in 
accordance with section 39 k, first paragraph. 
The same shall apply to manuscripts Of similar copies, plates, moulds, etc. which have 
been created to serVe as u means of producing copies of a specific work of art, and to works of 
~rt whie-h have not been exhibited, offered for sale or in any other way approved for public 
lSI1Ue. IP/N/1/NOR/C/3 
Page 16 
Right of remuneration for the rental of fiJms and phonograms 
§ 39 rn. If the author has assigned to l1 film-or phonogramproducer the right to make a film or 
phonoh'TRm available to the public by way of rental, the author shall retain the right to obtain 
an equitable remuneration from the producer. Exchanges that are curned out as an organized 
activity shall be considered on a par with rental. 
No departures from the provisions of this section may be made hy agreement. 
Chapter 4. Term of protection of copyright 
§ 40. Copyright shall subsist during the lifetime of the author and for 70 years after the 
expiry of the year in which-the author died. For such w(lrks as are referred to in section 6, the 
period of70 years shall be calculated from the expiry of the year in which the last surviving 
author died. In the case of cinematographic works,the term of protection shall run from the 
expiry of the year of the death of the last of the following personA to survive: the principal 
director, the author of the screenplay, the author of the dialogue and the composer of music 
specifically created' for use in the cinematographic work. 
§41. If a work has been issued without stating the author's name, a generally known 
pseudonym, mar~ or symbol, the copyright shall subsist for 70 years after the expiry of the 
year in which the work was first issued. If the work consists of several parts, the tenn of 
protection shall be cl:l.lculated separately for each part. The copyright in works by an unknown 
author shall subsist for 70 years after the expiry of the year in which the work was created,if 
the work is not issued during this period. 
If during this period the name of the author is made known in accordance with section 
7, or ifit is established that he died before the work wlisissued, the term of protection shall be 
determined pursuant to section 40. 
§41 Q. Any person who for the tirst time lawfully makes available to the puhlic a literary, 
scientific or artistic work which has not been issued before the expiry of the term of protection 
pursuant to sections 40 and 41 shall be entitled to the 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 
§ 42. 
he: 
a) 
b) 
c) A performing artist's pert(lrrnance of a w.ork ma9 not without the consent of the artist 
fixed on film or on !l device which can reproduce the performance, 
broadcast, or 
in any other manner through simultaneous transmission by technical means made 
publicly available to a group of persons other than that for which the artist is directly 
performing. 
If u fixation of a performing artist's performance is made as specified in the tirst 
paragraph, litra a, no copies shall be made of it, nor shall it be made available to the puhlic 
lhrough th;; diHtribuLion of ~PP1Ctl, without the COOBcnt of thc urtil3t, until 50 ycur~ hove clop~ccI IP/NI1/NORlC/3 
Page 17 
since the expiry of the year in which the performance took place. If the fixation is issued 
during this period, the tcml of protection shall subsist tor 50 years after the expiry of the year 
in which the fixation was first issued. . 
When a copy of a fixation which reproduces a perfonning artist's performance of a 
work has been sold with the artist·s consent within the European Economic Area, the copy 
may be further distributed by means other than by rental. The same shall apply when the artist 
has within the said area assigned El 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 ofthc film. 
The provisions of sections 2, third paragraph. 3, 6 to R, 11 to 13, 15, 16. 17, first, 
second and fourth paragraphs, 18,21.,22,25,27.28.31,33 to 39 c, 39 k to 39 m and 50 shall 
apply correspondingly. The provisions of section 3, ct'. section 39 k, fourth paragraph, shall 
apply correspondingly also when a performing artist's performance of a work is made 
available to the public by means of a fixation. 
The provisions of section 45 b and Act No. 4 of 14 December 1956 shall apply 
concerning the right otherwise to use such fixations as are specified in the first paragraph, 
litra n. 
§ 43. A person "'ho produces a formula, catalogue, table, program. databaseor a similar 
work in which a large number of items of information has heen compiled. or which is the 
result of a substantial investment, shall have the exclusive right to dispose of all or a 
. substantial part of the contents of the work through the producing of copies thereofor through 
making it available~to the public. 
The exclusive right under the preceding paragraph applies correspondingly when insubstantial 
parts of works as mentioned. are repeatedly and systematically reproduced or made available 
to the pubJi c, if this constitutes acts contl icting with a normal exploitation of the work or 
which unreasonably prejudices the producer's legitimate interests. 
The exclusive right to a work mentioned in the first paragraph shall suhsist for 15 years 
following the expiry oftheyear the work was produced. Jfthc work during this time is made 
available to the public, the term of protection shall subsist for 15 years following the expiry of 
the year the work was first made available to the puhlic. 
rf a work of the kind specified in the preceding paragraph is wholly or partly suhject to 
copyright, such right may also be enforced. . 
The provisions of sections 2, second and third parablfaph. 6 to R, 12 to 22, 25,27,28 
30 to 38b (lnd 39 h, fourth and fifth paragraph shall apply correspondingly. 
Agreements extending the producer's right beyond what is provided by the tlrst 
paragraph to a work that has been made available to the public, are unenforcable. 
§ 43 B. A person who produces a photographic pictUre shall have the exclusive right to make 
copies thcreofby photography, printing, drawing or any other process, and to make it . 
availahle to the public. 
The exclusive right to a photographic picture shall :mbsist during the lifetime ofthc 
photographer and for 15 years after the expiry of the year in whil:h he died, but for not less 
than 50 years from the expiry of the year in which the picture was produced. If the exclusive IF INIlINORlC/3 
Page 18 
right is shared by two or more persons, the tcnn of protection shall run from the expiry of the 
year in which the last surviving person died. 
The provisions of sections 2, second and third paragraphs, 3, 6 to 9, 11 to 2 I) 23 to 2R, 
30, 31, 33 to 39 f and 39 j to ~9 1 shall apply correspondingly to photographic pictures to the 
same extent that they apply to photographic works. 
If a photograph is subject to cop}Tight, such right may a.lso be enforced. 
§ 44. Press reports which according by contractual arrangement are supplied by foreign news 
agencies or. by correspondents abroad may not without the consent 0 f the recipient be 
communicated to the public through.the press or through broadcasting until 16 hours after 
they have been issued in this country. 
In all cases where a press report from a news agency, newspaper, periodical or 
broadcasting service is reproduced by the press or by a broadcasting service, the source shall 
be stated in the manner required hy proper press usage. 
§ 4~. Sound fixations and films shall not, without the consent of the producer, be made 
avai.lable ~o the public by distributing copies of the sound fixation or film until 50 years have 
elapsed since the expiry ofthe year in which the fixation or film was mad.e. Nor shall copies 
of the sound fixat10ri or film be made before such time without the consent of the producer. If 
the fixation is issued during this period of time, the tenn of protection shall subsist for50 
years afterthe expiry of the year in which the fixation was first issued. 
When a copy ofa sound fixation or a film has been sold, with the consent of the 
producer, within the EuropeanEconomic Area, the copy may be further distributed by any 
means other than hy rental. The same shall apply when within the said area the producer has 
a~signed a copy of an issued :sound fixation or film. 
The provisions ofsectiomr2,third paragraph. 7, 8, 12,13.15. 16,17, first, second und 
fourth paragraphs) 18) 22, i5, 27,28, 31,33 and 35 to 38 h shall apply correspondingly~ 
§ 45 a. A broadcast or a part thereof may not, without the consent of the broadca.sting 
organization 
a) be fixed ona device which can reproduce it, 
b) be transmitted by wireless diffusion or retransmitted to the public by wire or 
c) otherwise be communicated to the public for purposes of gain. 
If a transmission has been fixed on a device as referred to in the first paragraph. it shall 
not, without the cohsent of the broadcasting organization, be tran~ferred 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 prescrihed. 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 pennission for 
simultaneous and unaltered retransmission to the public by wire of un originally wireless 
hroadc!\~t, or ifno agreement has been concluded within six months after the commencement 
of negotiations, each of the parties may demand that permission and conditions for 
rctransmission ~hall he determined by a commission pursuant to the provisions of section 35, 
second paragraph, of this Act. IP/NIl/NORlC/3 
Page 19 
The provisions of sections 7, 8, 12, 1 S, 16, 18, 21, first paragraph, 22, 25, 27, 28, 31, 
32,35 and 38, third and fO\.lrth paragraphs, shall apply correspondingly. 
§ 4~ b. When sound fixations of the pertonnances of performing artists are communicated to 
the public by means of a broadcast or retransmission of a broadcast within the period of time 
specified in section 45, both the producer of the fixation and. the perfonning 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 ofrernuneration. 
The provisions of sections 3, 22 and 25, ef. section 11, and section 39 k, fourth 
parah'Taph, shall apply cOITespondinglY. 
The provisions of this section shall not apply to sound film. 
Chapter 6. Various provisions 
§ 4S c. Photographs of a 'person shall not f)e reproduced or publicly exhibited without the 
consent of the s~ject of the picture,-except when 
a) the picture is of current or or general interest, 
b) the picture of the person is less important than the main contents of the picture,-
c) the subject of the picture is a group assembled for a meeting. an outdoor procession or 
situations or events of general interest, 
d) a copy of the picture is exhihited in the usual manner as an advertisement of the 
photographer's work and the subject of the picture does not prohibit this, or 
e) the picture is used as specified in section 23, first paragraph, third sentence, or section 
27, second paragraph. 
The term 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. 
§ 46. A literary; scientific or artistic work shall not he made available to the public under a 
title, pseudonym, mark or symbol that is likely to cause confusion with a previously issued 
work or its author. 
§ 47. The name, mark or symbol of an author shall not be placed on a copy of a work of art 
by any person other than himself: uniess he has. given his consent thereto. 
The author's name, mark or symbol shall in no case be put on an imitation of a work in 
such a manner that1he copy may be confused with the original. 
§ 4ft Even if the term ufprotection of copyright has eJ(.pired, U literary, scientific or llrtistic 
work may not be made available to the public in a manner or in a context which is prejudicial 
to the author's literary, scientific or artistic reputation or individuality, or to the reputation or 
individuality of the work itself, or which may otherwise be considered harmful to general 
cultumI intt.:reSls. IP/N/1/NOR/C/3 
Page 20 
Irrespecti ve of. whether the tenn of protection has expired or not. the Ministry , 
concerned may, if the author is dead, prohibit a literary, scientific or artistic work from being 
made available to the public in such a way or in .such a context as is referred to in the first 
paragraph. A similar prohibition may also be imposed by the Ministry at the request of II 
living author if the work in question is not protected in the realm. 
The provision in section 3, first paragraph, shall apply correspondinglYI even if the 
tenn ofprotection of the copyright has expired or if the work is not protected in the realm. 
§ 49. If cin.:umstances necessitate the destruction of the original copy. the author, if he is 
alive, shall be notified in reasonahle time, if this can be done without particular disadvantage; 
If the possessor of the original copy of a work without reasonable groWlds prevents the 
author 'lTom exercisIng his exclusive right pursuant to section 21 he may by court judgment be 
ordered to give the author such access to the said copy as the court finds reasonable. The court 
will make its decision after taking into consideration all the existing circumstances, and may 
make the author's access tothe copy 'conditional on his providing security, or impo~e other 
conditions. 
Such proceedings as are referred to in the second paragraph may only be brought by 
the author personally with the consent of the Ministry concerned. 
§ 50. Irrespective of any arrangement relating to property made hetween a husband and wife, 
an author who is married shall always retain sole control of his copyright. 
If community property is divided during the lifetime ofthe author, his copyright shall 
be excluded from the settlement. 
§ SI. Repealed hy Act No.27 of2 June 1995, from 30 June 1995. 
§ 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. 
§ 53. A council of experts consisting of representati yes of authors and of industries or trades 
conncctcd with the exploitation of literary, scientific or artistic works shall assist the Ministry 
concerned in the exercise of its duties pursuant to this Act. 
Cases relating to prohihitions pursuant to section 4R, and to the institution oflegal 
proceedings pursuant to section 49, shall always be submitted to the said council of experts 
before the Ministry makes its decision. 
The council, or a committee thereofl shall also have El duty to provide, when SO 
requei;ted, expert opinions for use by the courts in questions connected with this Act, and shall 
also act as an arbitration court in such cases if the parties agree to this. 
The Ministry :;hall ~ppoint the m ern bers 0 f the council and shall issue regulations 
relating to the organization and activity of the council, and the remunerution of its members. 
Chapter 7. .Penalllanctions, compensation and confiscation IP/NIl/NORlC/3 
Page 21 
§ 54. Any person ,who wilfully or negligently contravenes this Act shall be liable to fines or 
to imprisonment for a tenn not exceeding three months ifhe 
a) infringes provisions laid down for the protection of copyright in or in accordance with 
Chapters 1 and 2, the provisions of section 39 j or 41 R, or prohibitions imposed 
pursuant to section 35 or 48, or provisions made hy the author pursuant to section 39 k, 
second pHfagraph~ 
b) infringes provisions laid down in or in accordance with Chapter 5, sections 45 c, 46, 
47 or 48, last paragraph. 
c) imports copies of literary, scientific or artistic works or of such works and fixations as 
arc specified in sections 42, 43, 43 a, 45 and 45 a with the intention of making them 
available to the public, when the copies have been produced ahroad under such 
circumstances Shat a similar production in this realm would have heen unlawful, or 
d) offers_or otherwise makes available to the public such works Or fixations as are 
specified in sections 42, 43, 43 a, 45 or 45 a, when the copies have been produced 
contrary to these provisions or imported contrary to litra c of this section, 
e) imports cfipies of such fixations as are specified in section 45 with the intention of 
making them available ta the general public for gain, when the producer has not 
consented to ~uch import and copies of the same fixation are offered for sale in the 
realm with the consent of the producer. The Ministry may hy regulations make . 
exceptions to this provision for the import of copies from speCific countries, 
Any person who wilfully or negligently is an accessory to any infringement specified 
in the first paragraph shall be liable to the same penalty. 
If any infringement mentioned in the first and second paragraph is wilful, and has been· 
committed under particularly aggravating circumstances, the penalty shall be fines or 
imprisonment for a term not exceeding three years. In assessing whether particularly 
aggravating circumstances subsist, importance shall primarily be attached to the damage 
caused to the copyright owner and others, the profit gained by the offender and the general 
extent of the infringement. 
Any attempt at a wilful infringement as specified in the first to third paragraphs may be 
punishable in the same way as the completed crime. 
Any person who wilfully or negligently fails to insert in a work f()r the printing of 
which he is responsible the information specified in section 52 shall be liable to fines. 
Infiingemept of the third parab'Taph, er fourth paragraph, shall be subject to pU.blic 
prosecution. Infringement of the other provisio1}s,ofthi~ section shall not be subject to puhlic 
prosecution unless it is so requested by the a.ggrieved party or by an orga.nization, cf. seventh 
paragraph, or required in the public interest. 
If this Act has b,een infringed through use of a work in a manner specified in sections 
13, 14 Hnd 17, fourth paragraph and section 34, prosecution may, insofar as the aggrieved 
party does not object thereto, be demanded also by the organization entitled to enter into 
agreements pursuant to section 36. IPINIIINORlC/3 
Page 22 
§ 54 B. TIle sale ot: or possession for purposes of gain, of any means the sole purpose of 
which is to facilitate the unlawful removal or circumvention of technical devices for the 
protection of a computer program, is prohibited. 
Any infringement sha.1l be punishable in accordance with the provision in section 54. 
§ SS. 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, or the right 
of a subject of a picture according to section 45 c) has been inliinged wilfully or by gross 
negligence, the court may also award him a sum of money as redress for damage of a. Tion­
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. 
§ 56. All copies df a literary, scientific or artistic work or other work which have been 
unlawfully produced, imported or made available to the public in the realm may by court 
judgment be confiscated fi)r the benefit of the aggrieved party, or assigned to him in return for 
remuneration not exceeding the cost of production. The same shall apply to type matter, 
printing blocks, .1tmns, etc., which can serve no other purpose than the unlawful production or 
exploitation of a work. 
In lieu of confiscation or assi1:,rnrnent, the aggrieved party may demand that the article 
in question shall be wholly or partly destroyed, or rendered useless for the unlawful 
production or exploitation "'of the work. If substantial economic or artistic values would 
therehy be lost, th~court may nevertheless in certain circumstances permit the copies 
produced to be made available to the public in return for c()mpensation or redress to the 
aggrieved party. 
The provisi~ns of this section shall not be applied to a person who in good faitl) has 
acquired a copy of a work for his 'own privl:1te use, except as regards the casting of a sculpture. 
Nor shall they be applied to buildings, but the aggrieved party may in certain circumstances 
demand a.lteration of the building, compensation or redress. Nor shall the provisions be 
applied to such press reports as are referred to in section 44. 
Chapter 8. The scope ofthe Act. 
§ 57. The provisions of this Act concerning copyright shall apply to: 
u) literary, scientific or artistic works created by a Norwegian national or by a person who 
is resident in the realm, 
b) literary, scientific or artistic works first published in the realm, or which have been 
published simultaneously here and in another country, 
c) cinematographic and television works, the producer of which has his headquarters in 
the realm or is resideTlt here, 
d) buildings erected in the realm, 
c) works of art and photographic worki\ pJaced in buildings or permanent structures 
situated in the realm. IP/NIl/NORJC/3 
Page 23 
Siniultaneous publication as specified in the first paragraph, !itra 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. !itra c, shall be det:TTled, 
unless otherwise indicated, to be the'person whose name is stated in the usual manner on 
copies of the cinematographic work. 
The prOvisions of sections 46,47 and 48 shall apply without the limitations stipulated 
in the preceding paragraphs. 
The provision in section 41 a shall apply to literary, scientific or artistic works which 
have been made available to the public by a Norwegian national or a person who is resident in 
the realm, or by a company which has 8 Norwegian board of directors and whose registered 
office is in the realm. 
§ SS. The provisions of chapter 5, except for sections 43, 43a Elnd 44 and the right of 
distribution referred to .in sections 42 and 45, ~hall apply for the benefit of works created by 
a) a Norwegian national or a'person who is resident in the realm. 
b) a company which has a Norwegian board of directors and whose registered office is in 
the realm. 
The provisions of sections 42 and 45 a shall, moreover, also apply to performances Wld 
broadcasts whic~take place in N9rway. The provision concerning the right of distribution in 
sections 42 and 45 shall apply to sound and film fixations made in Norway. The proviSion in 
section 45 concerning the right to make copies shall apply for the benefit of all sound and film 
fixations. The pro'Vision in section 43 shall apply to works that are produced by a person who 
is a national of or resident in or who has his registered office in a country within the European' 
Economic Area._The provision in section 44 shall apply to press releases which are received in 
Norway. The provision in section 43 a shal1 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 45 c shall apply to pictures of persons who are or have been 
resident in the realm. 
§ S8 D. When works or perfonnances are hroadcast by satellite from a country outside the 
European Economic Area, this Act shall apply if the satellite receives signals from Norway or 
if the hroadcast is commissioned by a broadcasting organization which has its headquarters in 
the realm. Thls provision shall apply only if the l1lles of the transmitting country regarding the 
right to broadcast works and performances do not provide protection corresponding to that 
provided under this Act. 
§ 59. On condition of reciprocity, the King may issue regulations to the effect that the 
provisions of this Act shal1 apply, wholly or partly, to works which have a specific connection 
with u foreign state. 
The King may further decide that the provisions of this Act shall wholly or partly 
apply to literary, scientific or artistic works puhlished by a supranationul organization, and 
unpublished works wh.ich such organization has the right to· puhlish. IPIN/IINOR/C/3 
Page 24 
The provision shall apply correspondingly to the works described in chapter 5. 
Out of consideration for an agreement with a foreib'l1 state, the King may furthennore 
issue special provisions concerning agreements regarding the assignment of the right to make 
a film of a work tor cinem~ or television, including the works to which the provisions shall 
apply. 
§ 60. This Act shall also apply to literary, scientific and artistic works and other works 
produced prior to the entry into force of this Act. 
Copies that have lawfullybeen produced prior to the entry into force of this Act may 
continue to be distributed or exhibited outside private premises, but in such a way that the. 
provisions of sections 19,42 and 45 and the provisions of section 19 regarding the lending of 
machine-readable copies of computer programs shall also apply in such cases. 
Chapter 9. Entry Into force of the Act and amendment of other statutes. 
§ 61. lllis Act enters into force on 1 July 1961-
From the same date the Act of 6 June) 930 relating to literary, scientific and artistic 
works is repealed. 
Refer·enc~ in other statutes to the Act of 6 June 1930, or to the Act of 4 July 1893 
relating to authors' copyright and artists' rights, with the amending Act of25 July 1910, shall 
apply to the corresponding"provisions of this Act. IPINIlINORJC/3 
Page 25 
Proposition No. 15 to the Odelstlnget regarding the Act relating to amendments in the 
Copyright Act, etc. 
HI 
Entry into force and trans.ltlonal provisions 
I. This Act shalt enter into force from such date as the King will decide. The individuul­
provisio~s of the Act may be brought into force at various times. 
2. From such time as this Act comes into force, Provisional Act No. 40 of 8 June 1979 
relating to photocopying, etc. ofprotecte<i works for use in educational activities shall 
be repealed. 
3. The following transitional provisions shall apply in respect of amendments to the 
Copyright Act: 
a) Except for what follows from section '60, second paragraph, as the said 
paragraph reads after amendments of this Act, and litra b) to e) and g) below, the 
amendments to this Act shall not apply to actions carried out or rights acquired prior to 
the entry into force of this Act. 
b) Any person who, prior to the entry into force of this Act, has lawfully acquired 
a copy of a work of art shall be deemed also to have acquired the right to rent out the 
copy, unl~s otherwise agreed, 
c) Unless otherwise agreed, an agreement concerning a sound fixation or film of 
the pertonnance of a porfonning artist which was concluded prior to the entry into 
f()rce of this Act shaH also include the rental right in respect of copies of the sound 
fixation or the film: 
d) Unless otherwise agreed, an agreement regarding the use of a sQund fixation in 
a film which was concluded prior to the entry into force of this Act shall also include 
the rental right in respect of copies of the film. 
e) Unless otherwise agreed, an agreement regarding the 8ssibJIlment of a sound 
fixation or film which was concluded with the producer prior to the entry into force of 
this Act shall also include the rental right in respect of copies of the sound fixation or 
film, 
t)· A work of art which has been included in a popular educational production 
pursuant to section 13, second paragraph, or of which a picture has been included in 
the production pursuant to section 23, third paragraph, second sentence, as the~e 
provisions read prior to the amendments of this Act, may be included in new editions 
of the publication up to I January 1999. 
g) For agreements which were concluded prior to the entry into force of this Act, 
a new section 58 a shall nM be applied until I January 2000. IP INIlINORlC/3 
Page 26 
Proposition no. 34 to the Odelsting regarding the Act relating to amendments of the 
Copyright Act, etc. 
11 
Commencement and transitional provisions 
I. This Act shall enter into force from such date as the King will decide. From such datt.}­
as this Act comes into force, Act No. 1 of 17 June 1960 relating to rights in 
photographic pictures shall be repealed. 
2. The following transitional provisions shall apply in respect ofthe amendments to this 
Act: 
a) The amendments to this Act shall not apply to actions carried out or rights 
acquired prior to the entry into force of this Act. 
b) If~ prior to the entry into force of this Act, work has commenced on the 
production of copies or substantial preparations have been made to produce copies of a 
work or works referred to in Chapter 5 and which under the former rules are not 
protected, the production of copies may, regardless of the new terms of protection, to 
the extent necessary and usual~ be completed as planned, but not later than by I 
January 2000. 
C~ies produced pursuant to the first paragraph may be distributed or exhibited 
outside private premises, hut so that the provisions relating to rental in sections 19, 42 
. and 45 and the provisions of section 19 regarding the lending of machine-readable 
copies of computer programs shall apply also in such cases. 
The provision in the first paragraph shall not apply to the production of copies 
by copying a sound fixation: 
c) If a work or a work referred to in Chapter 5 forms part of a fixation made with 
a particular view to use in broadcasting, and the fixation was made when the work or 
work, under the fonner rules, was not protected, the fixation may, regardless of the 
new terms of protection, be used for broadcasts until 1 January 2000. This shall also 
apply to the screening of tilms which contain such works. 
d) The provision in point c) above shall also appl.y to fixations made pursuant to 
point b) above. 
e) The amendments to this Act shall not apply if this will result in a shorter term 
of protection than that accorded by the fonner provisions. However, the provision in 
section 41, first paragraph, third sentence, shall apply aA tTomthe date of entry into 
force of this Act. 
f) The prOVision in section 4 t a shall Mt app.1y to works that have heen made 
available to the public in the manner prescribed by the provision prior to the entry into 
force of this Act, unless a corresponding t~ or-protection is already running for the 
work in another country within the European Economic Area at the time of the entry 
into force of this Act. 
g) The provision in section 43 a shall not apply when the tenn of protection 
accorded by the former provisions ~lfthe Act relating to rights in photographic pidures 
has expired prior to the entry int(l force of this Act. 
h) Any person who, prior to the entry into torce of this Al:t, has lawfully acquired 
a photographic work or a photographic picture shall also be deemed to have acquired 
the rental right to the copy, unless otherwise agreed. IPINI 1 INOR/C/3 
Page 27 
i) If a work of art that was not protected by the fonner provisions has been 
included in a critical or scientific publication of a popular educational character 
published prior to the entry into torc!.') of this Act, the work may be included in new 
editions of the publication until 1 January 1999. The provision shall only apply where 
the work of art is reproduced in connection with the text. If more than one work of art 
by the same.author is reproduced, he shall be entitled to remuneration.