WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/l/NOR/C/l 
3 April 1996 
(96-1221) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Norway 
The present document reproducesl Act No. 2 of 12 May 1961 relating to Copyright in Literary, 
Scientific and Artistic Works, Etc., with subsequent amendments, latest of 30 June 1995, as notified 
by Norway under Article 63.2 of the Agreement (see document lP/Nil/NOR/I). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Norvege 
Le present document contient le texte de la Loi n° 2 du 12 mai 1961 sur le droit d'auteur afferent 
aux oeuvres litteraires, scientifiques et artistiques, etc., avec ses modifications ulterieures, dont la derniere 
est celle du 30 juin 19951, notifiee par la Norvege au titre de I 'article 63:2 de I' Accord (voir le document 
IP /N / lINOR/ 1). 
Consejo de los Aspectos de los Derechos de 
Propiedad Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 DEL 
ARTICULO 63 DEL ACUERDO 
Noruega 
En el presente documento se reproducel la Ley N° 2 de Derecho de Autor de Obras Literarias, 
Cientificas, Artisticas y Otras, de 12 de mayo de 1961, con las modificaciones introducidas 
posteriormente, incluida la mas reciente, de 30 de junio de 1995, que Noruega ha notificado en virtud 
del parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/l/NOR/l). 
IEnglish only/Anglais seulement/lngles solamente. IP/N/1/NORlC/l 
Page 2 
ACT NO. 2 OF 12 N1A Y 1961 RELATrnG TO COPYRIGHT IN LITERARY, SCIENTmC 
AL'ID ARTISTIC WORKS, ETC., WITH SUBSEQUENT AL\1ENDMENTS L A TES. 7 
OF -:)0 ~VNE: ICfCfS-
Chapter 1 The object 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 this Act a literary, scientific or artistic work of any kind, 
irrespective of the manner or form of expression, such as: 
1) writings of all kinds, 
2) oral lectures, 
3) works for stage performance, dramatic and musical as well as choreographic and 
pantomimic; also radio plays, 
4) musical works, vvith or vvithout words 
5) cinematographic works, 
6) photographic works, 
7) paintings, drawings, graphic and similar pictorial works, 
8) sculpture of all kinds, 
9) architectural works, drawings and models as well as the building itself, 
10) pictorial woven tissues and articles of artistic handicraft and applied art, the prototype 
as well as the work itself, 
11) maps, also dra-wings and graphic and plastic representations or portrayals of a scientific 
or technical nature, 
12) computer programs, 
13) translations and adaptations of the above-mentioned works. 
In the case of photographic pictures which are not a literary, scientific or artistic work, 
section 43 a shall apply. 
§ 2. Subject to the limitations laid down in this Act, copyright shall confer the exclusive 
right to dispose of a literary, scientific or artistic work by producing copies thereof and by 
making it available to the public, be it in the original or an altered form, in translation or 
adaptation, in another literary or artistic form, or by other technical means. 
The transferring of a work to any device by which it can be reproduced shall also be 
considered a production of copies. 
A work is made available to the public when it is performed outside private premises, 
or when copies of the work are offered for sale, rental or lending, or otherwise distributed or 
displayed outside such premises. 
§ 3. Both when copies of a literary, scientific or artistic work are produced, and when it is 
made available to the public, the author is entitled to have his name stated in the manner 
required by proper usage. 
If another person has the right to alter a literary, scientific or artistic work or to make it 
available to the public, this must not be done in a manner or in a context prejudicial to the 
author's literary, scientific or artistic reputation or to his individuality, or prejudicial to the 
reputation or individuality of the work itself. IP/NIl/NORlCI 1 
Page 3 
The author may not waive his rights under the first and second paragraphs, unless the 
use of the work in question is limited in nature and extent. 
If the work is made available to the public in such prejudicial form as is stated in the 
second paragraph, the author, even if he has given valid consent to the use of the work, shall 
have the right to demand either that he is not to be named as the author, or that it is stated in a 
satisfactory manner that the alterations made do not derive from him. This right may not be 
waived by the author. 
§4. The author may not object to other persons using his scientific, literary or artistic work 
in such a manner that new and independent works are created. The coPYright in the new and 
independent work shall not be subject to the copyright in the work that has been used. 
Any person who translates or adapts a literary, scientific or artistic work or converts it 
into another literary or artistic form shall have the copyright in the work in that form, but may 
not dispose of it in such a manner as to infringe the copyright in the original work. 
§ 5. Any person who by combining several literary, scientmc or artistic works, or parts 
thereof, creates a collective literary, scientific or artistic work shall have the copyright in the 
collective work, but this right shall in no way restrict the copyright in the individual works of 
which the collective work consists. 
Unless otherwise agreed, the individual contributors shall be free to make their 
contributions public in another manner. 
§6. If a literary, scientific or artistic work has two or more authors whose individual 
contributions cannot be distinguished as separate works, the copyright in the work shall belong 
to the authors jointly. 
F or the initial issuing of such a work the consent of all the authors must be obtained, 
unless such consent has, explicitly or tacitly, been given in advance. The same shall apply to the 
issuing of such a work in another manner or 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 infringements of the 
copyright. 
§ 7. In the absence of proof to the contrary, the person whose name or generally known 
pseudonym, mark or symbol is entered in the usual manner on copies of a work, or stated 
when the work is made available to the public, shall be deemed to be the author of the work. 
If a work is published without the name of the author being stated in accordance with 
the first paragraph, the editor, or if he is not named either, the publisher, may act on behalf of 
the author until the latters name is stated in a new edition or in a notification to the Nfinistry 
concerned. 
§ 8. A literary, scientific or artistic work is issued when with the consent of the author it has 
been made available to the public. A work of art is issued also when the author has assigned a 
copy of the work to another person, and such copy has been made available to the public 
pursuant to sections 19,20, 23 and 24. IP/N/1/NORlC/l 
Page 4 
A literary, scientific or artistic work is published when a reasonable number of copies 
thereof have, with the consent of the author, been placed on sale or otherwise distributed to 
the public. 
§9. Legal statutes, administrative regulations, court decisions and other decisions by public 
authorities are not protected by this Act. This is also the case with proposals, reports and other 
statements which concern the public exercise of authority, and which are made by a public 
authority, a publicly appointed council or committee, or published by the public authorities. 
Similarly, official translations of such texts are not protected by this Act. 
"-Literary, scientific or artistic works which have not been produced specially for use in 
documents specified in the first paragraph, and from which parts are quoted or which are 
reproduced in a separate appendix, are not covered by this provision. Nor shall the first 
paragraph apply to poetry, musical compositions or works of art. 
§ 1 O. Registration of a literary, scientific or artistic work as a design shall not affect the 
protection of such work pursuant to this Act. 
The layout-design of integrated Circuits shall not be covered by this Act. 
Chapter 2. Limitations on copyright 
General provisions 
§ 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.public1y reproduced pursuant to the provisions of this chapter, this may 
be done in the dimensions and form required for the purpose, but without thereby altering or 
prejudicing the character of the work. \Vhen a work is thus reproduced, the source shall always 
be stated in the manner required by proper usage. 
Makingcopies for private use 
§ 12. Provided this is not done for purposes of g~ 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: 
a) copy an architectural work through the construction of a building, 
b) make machine-readable copies of computer programs, or 
c) make copies of works of art by means of photocopying, taking a cast or impressioI\ or 
. by other similar means of reproduction if the copy may be perceived as an original. 
The provision in the first paragraph shall not confer a right to engage outside assistance 
to reproduce articles of artistic handicraft and applied art, sculpture, pictorial weavings or to 
make artistic reproductions of other works of art. Copies of musical works and 
cinematographic works may not be made by outside assistants participating for purposes of 
garn. ~laking copies for use in educational activities IP/NIl/NORlCI 1 
Page 5 
§ 13. Any person may for use in his own educational activities, by photocopying or similar 
means of reproduction, make copies of a published work, as well as make a fixation of a work 
that is included in a broadcast, if he fulfils the conditions for an extended collective 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 
publication. Nor does this provision confer a right to make a fixation of a cinematographic 
\vork which must be perceived as also intended for uses other than presentation via television, 
unless only minor parts of the work are used in the broadcast. 
Fixation centres whlch 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 the first and second paragraphs may only be used in 
educational activities covered by the agreement under section 36. 
The King will 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 OVYTI performances of works for 
educational use. Such fixations shall not be used for other purposes. 
Photocopying in institutions, commercial enterprises, etc. 
§ 14. Public and private institutions, organizations and commercial enterprises may, for use 
within their own activities, make copies of a published work by photocopying or a similar 
means of reproduction, if they 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 pursuant to section 36. vVorks 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 
fixations 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 fixations as 
specified in the first paragraph, and will issue regulations regarding the use and erasure of such 
fixations. 
IVlaking copies in archives, libraries and museums 
§ 16. The King may issue rules regarding the right of archives, libraries and museums to 
make copies of works for conservation and safety purposes and other special purposes. IPINIl/NOR/el 1 
Page 6 
l\tIaking copies for the disabled 
§ 17. From a published literary or scientific work or musical work copies intended for the use 
of the blind and persons whose sight is impaired may be made in a form other than a sound 
fixation. Published literary or scientllc works may be reproduced on film, with or without 
sound, intended for the use of persons ~'hose hearing or speech is impaired. 
The provisions of the first paragraph shall not confer a right to reproduce copies which 
others have made with a particular view to the uses specified therein. 
The King may decide that certain specified organizations and libraries shall, on 
stipulated terms, for the purpose of gratis lending to the disabled, have the right to make 
" copies of published literary or scientllc works by making a fixation on a device that can 
reproduce them. In connection with the text of such works, issued works of art and issued 
photographic works may be reproduced on the fixation. The author is entitled to remuneration 
to be paid by the State. 
The King may issue regulations regarding the right to make a fixation of a published 
film or picture, with or without sound, and of a transmitted broadcasting 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 in education, etc. 
§ 18. In a collective work, intended for use in religious services or in education, and 
consisting of works by a large number of authors, n:llnor parts of literary or scientific works or 
musical works or short works of this kind, may be reproduced if five years have elapsed since 
the expiry of the year in which the particular work was published. In connection with the text 
of such works, works of art and photographic works may also be reproduced if five years have 
elapsed since the expiry of the year in which the work was issued. A work created for use in 
education shall not be reproduced in a collective work compiled for the same purpose. 
Copies of a published work may be made for use in a public examination. 
The author of the work shall be entitled to remuneration. . 
Distribution of copies 
§ 19. When a copy of a work has been sold with the consent of the author, the copy may be 
further distributed amongst the public. The same shall apply to copies of issued works, and any 
copy of a work of art or photographic work which the author has assigned in any other way. 
The provisions of the first paragraph shall not confer a rental right, except in respect of 
buildings and works of applied art. Nor do the provisions confer a lending right in respect of 
machine-readable copies of computer programs. Exchanges that are carried out as an 
organized activity shall be considered on a par Vlith rental. 
Exhibition of copies 
§ 20. If a work has been published, or if the author has assigned copies of a work of art or a 
photographic work, the copies may be publicly exhibited. Copies of issued works of art and of IP/N/lINORlC/l 
Page 7 
issued photographic works may be publicly exhibited in an educational context. This provision 
shall not confer a right to exhibit a copy of a work of art or a photographic work in a film or in 
a broadcast. 
Performance in an educational context, etc. 
§ 21. A published work may be performed publicly at religious services and in an educational 
context. 
A published work may also be performed publicly: 
a) at events where the perfonnance ofliterary~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 g~ 
b) at youth meetings that have not been arranged for purposes of gain. 
This section shall not apply to cinematographic works or the stage perfonnance of 
stage works. Nor shall the section confer a right to perform a work in a broadcast. The right to 
perform a work in an educational context shall not apply to performances within the 
framework of organized concerts. 
Quotation 
§ 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. Issued works of art and issued photographic works may be reproduced in connection 
\vith the text of a critical or scientific treatise which is not of a generally informative character, 
when this is done in accordance with proper usage and to the extent necessary to achieve the 
desired purpose. Subject to the same limitation an issued photographic work may also be 
reproduced, on payment of remuneration, in critical or scientific treatises of a generally 
informative character and in order to clarify the text in publications intended for instructional 
use. An issued portrait may be reproduced in a publication containing biographical material. 
Issued works of art and issued photographic works may be reproduced in newspapers, 
periodicals and broadcasts in connection with the reporting of a current event. However, this 
shall not apply to works that are created with a view to reproduction in newspapers, 
periodicals or broadcasts. The author shall be entitled to remuneration except in the case of a 
current event related to the work that is reproduced. 
If a work of art or a photographic work has been publishe~ or if the author has 
assigned a copy of such a work, the latter may be included in newspapers, periodicals, films or 
broadcasts, provided that the ",,'ork forms part of the background or in like manner is of minor 
importance in the overall context. IP/NIlINORlCI 1 
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 a broadcast or fIlm 
§ 25. If the performance or exhibition of a work forms part of a current event which is 
broadcast or filmed, brief excerpts from the work, or the entire work if it is of minor extent, 
may be included in the broadcast or film. In cases where the performance or exhibition of the 
'Yvork only forms part of the background or in like manner is of minor importance compared to 
the main subject of the news report, the entire work may be reproduced. 
Public proceedings, right of information, etc. 
§ 26. Proceedings in public assemblies, boards, councils and the like, in meetings of elected 
public authorities, in court cases and in public meetings held to discuss questions of public 
interest, may, subject to the limitations ensuing from section 28, be made available to the 
public by any person \\Tithout the authors 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 of Information Act or other legislation. 
Nor shall the Act prevent a work from being used in connection with a search, an 
investigation or as evidence. 
§ 28. The right to further reproduce documents invoked as evidence or as an expert opinion, 
etc. in such proceedings as are specified in section 26, and documents that may be inspected 
pursuant to legislation as specified in section 27, is dependent on the rules that otherwise 
apply. Nonetheless, such documents may be quoted in accordance with proper usage and to 
the extent necessary in order to describe the proceedings or the matter for which the document 
has relevance, even if the work has not been issued. 
Alteration of buildings and works of applied art 
§ 29. Buildings and works of applied art may be altered without the authors consent when 
this is done for technical reasons or for utilitarian purposes. Special provisions regarding broadcasting, etc. IP/N/1/NOR/C/l 
Page 9 
§ 30. The Nonvegian Broadcasting Corporation and other broadcasting organizations, as 
decided by the King, are entitled, on payment of remuneratio~ to broadcast a published work 
if the organization, by agreement with an organization representing a large part ofN orwegian 
authors in the field in question, is otherwise entitled to broadcast works of the kind to which 
the agreement applies. The same shall apply to issued works of art and issued photographic 
works. 
If the parties to the agreement so agree, any dispute as to the interpretation of the 
agreement shall be decided pursuant to the rules prescribed in accordance with section 35, first 
paragraph. 
In the case of satellite broadcasting, the provisions of the first paragraph shall not apply 
unless the broadcast from the same broadcasting orgarlization is simultaneously transmitted in 
the realm over a territorial network. 
The provisions of the first paragraph shall not apply to transmission by wire. It shall not 
apply to stage works and cinematographic works, nor to other works if the author has 
prohibited broadcasting by the said organization, or there is otherwise special reason to assume 
that he is opposed to the work being broadcast. 
§ 31. The Nonvegian 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 
broadcasts, make fixations of works on devices that can reproduce the~ if they otherwise 
have the right to include the work concerned in their broadcasts. The right to make such 
fixations available to the public shall be subject to the rules which are otherwise in force. The 
King will issue further regulations concerning the use and storage of such fi.xarions. 
The provision in the first paragraph shall not confer a right to combine film and sound 
by transferring a sound fixation to a fihn unless a performance at the time of fixation forms part 
of the fihn. 
§ 32. Discussion programmes which are broadcast and in which topics of public interest are 
discussed may be publicly reproduced by anyone without the consent of the author. An author 
shall, however, have an exclusive right to publish compilations of his own statements. 
§ 33. The King may issue regulations concerning the right to make a fi.xation of a transmitted 
broadcast for the use of an author or a performer when use has been made of his work or 
performance in the broadcast. Similar provisions may be made for the benefit of others who 
have a particular need for a fixation. 
Fixations pursuant to the first paragraph may only be used for the basic purpose for 
which the fixation was made. Further provisions may be laid down in the regulations 
concerning the use and storage of such fixations. 
§34. Works that are lawfully included in a broadcast may, by simultaneous and unaltered 
retransmission, be communicated to the public when the person effecting the retransmission 
fulfils the conditions for an extended collective licence pursuant to section 36, first paragraph, 
or retransmits \vith the pennission of a commission pursuant to the provisions of section 36, 
second paragraph. JP INIl INOR/C/l 
Page 10 
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 provisions regarding compulsory licences, extended collective licences, 
commissions, etc. 
§ 35. Each of the parties may demand that remuneration pursuant to sections 17, third 
paragraph, 18, 23, 30 and 45 b shall be determined in a binding manner in accordance with 
rules prescribed by the King. The King will lay down rulesto the effect that a person who fails 
to pay remuneration for which he is liable may, on the ~equest 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 a, 
fourth paragraph. 
§ 36. \Vhen there is an agreement with an organization referred to in section 38 a which 
allo·ws such use of ~ work as is specifiecfin sections 13, 14, 17, fourth paragrap~ and 34, a 
user who is covered by the agreement shall, in respect of rightholders who are not so covered, 
have the right to use in the same field and in the same manner works of the same kind as those 
to which the 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 retransrnission 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 V(ith a broadcasting organization concerning an agreement, are refused or no 
agreement has been entered into within six months after the commencement of negotiations, 
each of the parties may demand that permission and conditions for retransmission be 
determined in a binding manner by a commission pursuant to section 35, second paragraph. 
The provisions of the first paragraph shall apply correspondingly in such cases. 
§ 37. In connection with the use of works pursuant to section 36, whatever the agreement, 
the commission or the organization receiving the remuneration for such use decides with 
regard to the collection and distribution of remuneration shall also be binding on the 
rightholders who are not represented by the organization. Non-member rightholders shall have 
the same rights as rightholders who are members of the organization to share in the funds and 
benefits that are distributed or largely financed from the remuneration. 
Irrespective of the provision in the first paragraph, a non-member rightholder who can 
substantiate that his work has been used pursuant to section 36 may demand that remuneration 
for such use shall be paid to him. Such claim may only be directed to the organization which 
pursuant to section 36 has collected remuneration. Each party may demand that the amount of 
the remuneration be determined pursuant to rules laid do·wn by the King. 
§ 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 "vith rules laid down by 
the King. Where the panies so agree, permission and conditions for making copies may be IP/N/1/NOR/C/l 
Page 11 
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 paragrap~ 
so agree, any dispute concerning the interpretation of an agreement may be decided in a 
binding manner in accordance with the rules prescribed pursuant to section 35, first paragraph. 
Should an agreement with a broadcasting organization concerning permission to make 
fixations of the organization's broadcasts for such uses as are covered by section 13 or 17, 
fourth paragrap~ not be concluded, the provision in the first and second sentences of the first 
paragraph shall apply correspondingly. In the event of a dispute regar~g the ,interpretation of 
such an agreement, the provision in the second paragraph shall apply correspondingly. 
Where the parties concerned so agree, a disput~ regarding the interpretation of an 
agreement in respect of such retransmission as is specified in section 34 may in a binding 
manner be decided by the commission referred to in section 35, second paragraph. 
§ 38 a. Agreements intended to have an effect as specified in section 36, first paragrap~ shall 
be entered into by an organization which represents a substantial part of Norwegian authors in 
the field, and which is approved by the l\1.:inistry. For use in certain specified fields, the King 
may decide that the organization which is approved shall be a joint organization for the 
rightholders concerned. 
The King may issue further provisions regarding the supervision of the organizations 
. and funds which receive remuneration for further distribution. 
The organizations' right of action 
§ 38 b. An organization referred to in section 38 a may, in the absence of any objection from 
the rightholder, demand that a user who has not entered into such an agreement as is referred 
to in section 36 shall be prohibited by a court judgment from unlawfully exploiting a work in a 
manner that is covered by the provisions of sections 13, 14, 17, fourth paragraph, or 34. The 
same shall apply to a user who is party to such an agreement and who fails to pay the agreed 
remuneration. 
" Similarly, an. organization referred to in" section 38 a may, in the "absence of any 
objection 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 person who has unlawfUlly exploited a work has satisfied the organization's cl~ the 
rightholders claims as regards the same use may only be directed to the organizatio~ which is 
then obliged to pay the rightholder what he is entitled to. 
Chapter 3. Transfer of copyright 
General provisions 
§ 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. IP/N/lINORlC/l 
Page 12 
Assignment of a copy shall not include assignment of the copyright or any part thereo~ 
even if it is the original that is assigned. Assignment of copyright does not include ownership 
of the manuscript or any other copy that is delivered in connection with the assignment. 
§ 39 a. If the author has assigned the right to use the work in a specific manner or by specific 
means, the assignee shall not have the right to use it in another manner or by other means. 
Alterations and further assignment 
§ 39 b.Assignment of copyright shall not confer a right to alter the work unless otherwise 
agreed. 
Nor may any further assignment of copyright be made without consent, unless the 
copyright belongs to a business or to a part thereof and is assigned together therewith. The 
assignor shall remain liable for the fulfilment of the agreement with the author. 
Checking accounts 
§ 39 c. If the author's remuneration is calculated on the basis of the assignee's turnover, sales 
figures, etc. the author may demand that a statement of accounts be rendered at least once a 
year. Similarly, the author may demand that each statement be accompanied by detailed 
information regarding the matters on which the calculation of remuneration is based. 
The author may demand that the assignee's balance sheets, account books and stock, as 
well as certificates from the person who has exploited the work, shall be placed at the disposal 
of a state-authorized accountant or registered auditor who has been appointed by the author. 
The accountant or auditor shall inform the author as to the accuracy of the statement of 
accounts that has been drawn up, and as to any irregularities therein, but otherwise he. has a 
duty of confidentiality as regards all other matters of which he may learn in the course of his 
examination. 
The provisions of this section may not be departed from in a manner prejudicial to the 
author. 
Agreements regarding performance 
§ 39 d. Assignment of the right to perform a work publicly shall not give the assignee an 
exclusive right unless this has been agreed. Unless otherwise agreed, such assignment shall be 
valid for three years. 
Even though an exclusive right of performance has been assigned, the author may, 
unless otherwise agreed, himself perform the work or assign the right of perfonnance to 
another person, if the assignee has for three consecutive years failed to exercise the right. 
The provisions of this section shall not apply to cinematographic works. Publishing agreements IP/NIlINOR/CI 1 
Page 13 
§ 39 e. By a publishing agreement the author assigns the right to reproduce a work by means 
of printing or a similar process, and to publish the work in that form. 
Insofar as a publishing agreement confers an exclusive right, the publisher is obliged to 
publish the work vrithin a reasonable period of time and ensure that it is distributed in the usual 
manner. If, after the work has been published, the publisher does not ensure that copies of the 
work are made available to the public vrithin a reasonable period of time after having been 
requested to do so by the author, the author may rescind the agreement and retain the fee 
received. 
Unless otherwise agreed, the publisher shall have the right to publish up to 3,000 copies 
of the work, but if the publication comprises only musical works, not more than 1,000 copies, 
and when the publication comprises only works of pictorial art, not more than 200 copies. 
When more than one year has elapsed since the publisher published the work, or more 
than one year has elapsed since the author last made alterations in the work, the author shall be 
entitled, if further copies are to be made, to make alterations which do not entail 
disproportionate expense or alter the character of the work. 
When 15 years have elapsed since the expiry of the year in which the publisher first 
published the \vork, the author shall have the right to include the work in an edition of his 
collected or selected literary works. The right to publish such an edition shall first be offered to 
the publisher or, if the authors works have been published by several different publishers, to 
the publisher who may be considered his main publisher. 
The author may claim compensation for any damage resulting from default. However, 
this shall not apply insofar as it is substantiated that the damage is due to an obstacle which 
was beyond the publisher'S control, and which the publisher could not reasonably have been 
expected to have taken into consideration at the time the agreement was made or to avoid or 
overcome the consequences thereof If the damage is caused by a third party whom the 
publisher has charged with taking the action necessary to fulfil the agreement, the publisher 
shall only be free from liability if the third party would also have been exempt from liability 
pursuant to the provisions of this paragraph. 
In the case of serious default on the part of the publisher as regards his obligations 
pursuant to the publishing agreement, the author may rescind the agreement, retain the fee 
received and claim compensation in accordance with the rules in. the sixth paragraph for 
damage that is not covered by the said fee. 
Any agreement that to the detriment of the author significantly deviates from the' 
provisions of the second, sL~h and seventh paragraph cannot be applied. The author may not 
~waive his right pursuant to the fourth paragraph. 
The provisions of this section shall not apply to agreements concerning contributions to 
newspapers or periodicals, or agreements concerning contributions which are to be used as 
illustrations in works that are to be published. The provisions of the second and third 
paragraphs shall not apply to agreements concerning contributions to collective works. The 
provisions of the second paragraph shall not apply to agreements concerning translations. 
Agreements regarding the production of cinematographic works 
§ 39 f. If the author has assigned the right to use a \-vork for a film, the assignee shall, unless 
otherwise agreed, be obliged to produce the cinematographic work vrithin a reasonable period 
of time and ensure that it is communicated to the public. In the case of serious default on the IP/N/1/NORlC/l 
Page 14 
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 othenvise 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 by 
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 cinematographic work, 
or 
c) the principal direction of the cinematographic work. 
Computer programs 
§ 39 g. Copyright in a computer prograrrl. which is created by an employee in the execution of 
duties for which he is employed or in accordance with the instructions of his employer shall, 
subject to the limitation ensuing from section 3, devolve on the employer, unless othenvise 
agreed. 
§ 39 h. The lawful acquirer of a computer program may make copies ot: alter and adapt the 
program insofar as is necessary for the use of the program in accordance with its intended 
purpose, including the correction of errors in the program. 
Any person having a right to use a computer program may make a backup copy insofar 
as it is necessarj for the use of the program. 
Any person having cl. right to use a copy of a computer program may, in connection 
with such loading, displaying, running, transmission or storage of the program as the user is 
entitled to perform, observe, study or test the functioning of the pr<?gram in order to determine 
the ideas and principles which underlie the various elements of the program. 
No departures from the provisions of the second and third paragraphs may be made by 
agreement. 
§ 39 i. It is pennissible to make a copy of the code of a computer program and translate the 
form of the code when this is indispensable in order to obtain the information necessary to 
achieve the interoperability of an independently created computer program Vlith other 
programs, if 
a) these acts are performed by a person having a right to use a copy of a computer 
program, or on his behalfby a person authorized to do so, 
b) the information necessary to achieve interoperability has not previously been readily 
available to the persons referred to in litra a), and 
c) these acts are confined to the parts of the original program which are necessary to 
achieve interoperability. 
The infonnation 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, IP/NIlINOR/CI 1 
Page 15 
b) be given to others, except when this is necessary in order to make possible the 
interoperability of the independently created computer progr~ or 
c) be used for the development, production or marketing of a computer program 
substantially similar to the original in its expression, or for any other act which infringes 
copyright in the program. 
No departures from the provisions of this section may be made by agreement. 
Commissioned portraits 
§ 39 j. The author may not exercise his rights relating to a commissioned portrait without the 
consent of the person who commissioned it.. 
If the portrait is a photographic work, a copy of it may in the usual manner be exhibited 
as an advertisement for the author's photographic activities, provided the person who 
commissioned it does not prohibit such exhibition. 
With regard to protection of the subject of the portrait, the provisions of section 45 c 
shall apply even if the portrait is not a photographic work. 
§ 39 k. After the author1s death the rules relating to inheritance" the community property of 
spouses and the right of the surviving spouse to remain in possession of the undistributed 
estate shall also apply to the author's copyright. 
In his will the author may, with binding effect also as regards the surviving spouse and 
the heirs of his body, make provisions as to the exercise of his copyright or empower another 
person to make such provisions. 
If a copyright has been inherited from the author by several persons jointly, the 
provisions of section 6 shall apply correspondingly unless otherwise provided pursuant to the 
second paragraph. 
Any infringement of such provisions as are referred to in the second paragraph or of the 
provisions of sections 3 and 11, second paragraph, may be prosecuted both by the author's 
surviving spouse and by any other of his relatives in direct line of ascent or descent, brothers 
and sisters, or by the person appointed pursuant to the second paragraph of this section. 
§ 39 1. The author's right to dispose of a literary, scientific or artistic work shall not be subject 
to execution or any other enforcement measure on the part of his creditors, either against 
himsel£ or against any person to whom, on the author1s dea~ the copyright has passed in 
accordance with section 39 j, first paragraph; 
The same shall apply to manuscripts or similar copies, plates, moulds, etc. which have 
been created to serve as a means of producing copies of a specilic work of art, and to works of 
art which have not been exhibited, offered for sale or in any other way approved for public 
issue. 
Chapter 4. Term of protection of copyright 
§ 40. Copyright shall subsist during the lifetime of the author and for 70 years after the expiry 
of the year in which the author died. For such works as are referred to in section 6, the period 
of 70 years shall be calculated from the expiry of the year in which the last surviving author IP/NI 1 INORlCI 1 
Page 16 
died. In the case of cinematographic works, the term of protection shall run from the expiry of 
the year of the death of the last of the following persons to survive: the principal director, the 
author of the screenplay, the author of the dialogue and the composer of music specifically 
created for use in the cinematographic work. 
§41. If a work has been issued mthout stating the authors name, a generally known 
pseudon~ mark or symbo~ the copyright shall subsist for 70 years after the expiry of the year 
in which the work was first issued. If the work consists of several parts, the term of protection 
shall be calculated separately for each part. The copyright in works by an unkn~wn author shall 
subsist for 70 years after the expiry of the year in which the work was created, if the work is 
not issued during this period. 
If during this period the name of the author is made known in accordance with section 
7, or if it is established that he died before the work 'was issued, the term of protection shall be 
determined pursuant to section 40. 
§41 a. Any person who for the first time lawfully makes available to the public a literary, 
scientific or artistic work which has not been issued before the expiry of the term of protection 
pursuant to sections 40 and 41 shall be entitled to the same right as an author pursuant to 
section 2. This right shall subsist for 25 years after the expiry of the year in which the work 
was first made available to the public. 
Chapter 5. Other rights 
§ 42. 
be: 
a) 
b) 
c) A perfonning artist's performance of a work may not without the consent ~f the artist 
fixed on film or on a 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 a fixation of a peIfonning artist's performance is made as specified in the first 
paragraph, litra ~ no copies shall be made of it, nor shall it be made available to the public 
through the distribution of copies, without the consent of the artist, until 50 years have elapsed 
since the expiry of the year in which the performance took place. If the fixation is issued during 
this period, the term of protection shall subsist for 50 years after the expiry of the year in which 
the fixation was first issued. 
When a copy of a fixation which reproduces a performing artist's performance of a 
work has been sold with the artist's consent within the European Economic Area, the copy may 
be further distributed by means other than by rental. The same shall apply when the artist has 
YVithin the said area assigned a copy of an issued sound fixation or a film which reproduces 
such a performance. 
Unless otherwise agreed, an agreement concerning the production of a film of the 
performance of a performing artist shall also include the right to rent out copies of the film. 
The provisions of sections 2, third paragraph, 3, 6 to 8, 11 to 13, 15, 16, 17, first, 
second and fourth paragraphs, 18,21,22,25,27,28,31,33 to 39 c, 39 j, 39 k and 50 shall 
apply correspondingly. The provisions of section 3, ef. section 39 j, fourth paragraph, shall IP/N/lINOR/C/l 
Page 17 
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 othervvise to use such fixations as are specified in the first paragraph, .litra 
a. 
§ 43. Formularies, catalogues, tables and similar works in which a large number of items of 
information have been compiled, and programs shall not be reproduced without the consent of 
the producer until 1 ° years have elapsed since the expiry of the year in which the work was" "­
published. 
If a work of the kind specified in the preceding paragraph is wholly or partly subject to 
copyright, such right may also be enforced. 
The provisions of sections 12, first paragraph, 13 to 17,22,27,28 and 35 to 38 b shall 
apply correspondingly. 
§ 43 a. A person who produces a photographic picture shall have the exclusive right to make 
copies thereof by photography, printing/drawing or any other process, and to make it available 
to the public. 
The exclusive right to a photographic picture shall subsist during the lifetime of the 
photographer and for 15 years after the expiry of the year in which he died, but for not less 
than 50 years from the expiry of the year in which the picture was produced. If the exclusive 
right is shared by two or more persons, the term of protection shall run from the expiry of the 
year in which the last surviving person died. 
The provisions of sections 2, second and third paragraphs, 3, 6 to 9, 11 to 21, 23 to 28, 
30, 31, 33 to 39 f and 39 j to 39 1 shall apply correspondingly to photographic pictures to the 
same extent that they apply to photograpbic works. 
If a photograph is subject to copyright, such right may also 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 of the recipient be 
communicated to the public through the press or through broadcasting until 16 hours after they 
have been issued in this country. 
In all cases where a press report from a news agency, newspaper, periodical or 
broadcasting service is reproduced by the press or by a broadcasting service, the source shall 
be stated in the manner required by proper press usage. 
§ 45. Sound :fi-xations and films shall not, without the consent of the producer, be made 
available to the public by distributing copies of the sound fixation or film until 50 years have 
elapsed since the expiry of the year in which the fixation or film was made. Nor shall copies of 
the sound fixation or film be made before such time without the consent of the producer. If the 
fixation is issued during this period of time, the term of protection shall subsist for 50 years 
after the expiry of the year in which the ti'(ation was first issued. 
\Vhen a copy of a sound fixation or a film has been sold, with the consent of the 
producer, within the European Economic Area, the copy may be further distributed by any IP/NIlINORlCI 1 
Page 18 
means other than by rental. The same shall apply when within the said area the producer has 
assigned a copy of an issued sound fixation or film. 
The provisions of sections 2, third paragraph, 7, 8, 12, 13, 15, 16, 17, first, second and 
fourth paragraphs, 18, 22, 25, 27, 28, 31, 33 and 35 to 38 b shall apply correspondingly. 
§ 45 a. A broadcast, or a part thereof may not, without the consent of the broadcasting 
organization 
a) be fixed on a device which can reproduce it, 
b) be transmitted by wireless diffusion or retransmitted to the public by wire or 
c) otherwise be communicated to the public for purposes of gain. 
If a transmission has been fixed on a device as referred to in the first paragraph, it shall 
not, without the consent of the broadcasting organization, be transferred to another device 
until 50 years have elapsed since the expiry of the year in which the first transmission took 
place. 
A broadcast may, on conditions to be prescribed by the King, be transmitted direct 
within an industrial or other enterprise by means of a radio or television receiver. 
If a party should refuse to enter into negotiations concerning permission for 
simultaneous and unaltered retransmissidn to the public by wire of an originally wireless 
broadcast, or if no agreement has been concluded within six months after the commencement 
of negotiations, each of the parties may demand that permission and conditions for 
retransmission shall be determined by a commission pursuant to the provisions of section 35, 
second paragraph, of this Act. 
The provisions of sections 7,8, 12, 15, 16, 18,21, first paragraph, 22, 25, 27, 28, 31, 
32, 35 and 38, third and fourth paragraphs, shall apply correspondingly. 
§ 45 h. When sound fixations of the performances of performing artists are communicated to 
the public by means· of a broadcast or retransmission of a broadcast within the period of time 
specified in section 45, both the producer of the fixation and the performing artists whose 
performances are reproduced are entitled to remuneration. If two or more artists have 
cooperated in the performance, they shall jointly present their clain1 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 11inistry concerned. The King may 
issue further rules for the collection and distribution of remuneration. 
The provisions of sections 3, 22 and 25, cf section 11, and section 39 j, fourth 
paragraph, shall apply correspondingly. 
The provisions of this section shall not apply to sound film. 
Chapter 6. Various provisions 
§ 45 c. Photographs of a person shall not be reproduced or publicly exhibited without the 
consent of the subject 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, IP/N/lINORlC/l 
Page 19 
d) a copy of the picture is exhibited in the usual manner as an advertisement of the 
photographers 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 be made available to the public under a 
title, pseudonym, mark or,symbol that is likely to cause confusion with a previously issued 
work or its author. 
§ 47. The name, mark or symbol of an author shall not be placed on a copy of a work of art 
by any person other than himself, unless he has given his consent thereto. 
The authors name, mark or symbol shall in no case be put on an imitation of a work in 
such a manner that the copy may be confUsed with the original. 
§ 48. Even if the tenn of protection of copyright has expired, a literary, scientific or artistic 
work may not be made available to the public in a manner or in a context which is prejudicial 
to the authors literary, scientific or artistic reputation or individuality, or to the reputation or 
individuality of the work itself, or which may otherwise be considered harmful to general 
cultural interests. 
Irrespective of whether the terrn of protection has expired or not, the N1inistry 
concerned may, if the author is d~ad, 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 l'vfinistry at the request of a living 
author if the work in question is not protected in the realm. 
The provision in section 3, first paragraph, shall apply correspondingly, even if the term 
of protection of the copyright has expired or if the work is not protected in the realm. 
§ 49.' If circumstances necessitate the destruction of the original copy, the author, if he is 
alive, shall be notified in reasonable time, if this can be done without particular disadvantage. 
If the possessor of the original copy of a work without reasonable grounds prevents the 
author from exercising his exclusive right pursuant to section 2, he may by court judgment be 
ordered to give the author such access to the said copy as the court finds reasonable. The court 
will make its decision after taking into consideration all the existing circumstances, and may 
make the authors access to the copy conditional on his providing security, or impose other 
conditions. 
Such proceedings as are referred to in the second paragraph may only be brought by 
the author personally with the consent of the Nfujstry concerned. 
§ 50. Irrespective of any arrangement relating to property made between a husband and wife, 
an author who is married shall always retain sole control of his copyright. 
If community property is divided during the lifetime of the author, his copyright shall be 
excluded from the settlement. IP/N/lINOR/C/l 
Page 20 
§ 51. Repealed by 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 \Vith a serial number \Vitbin the edition. 
§ 53. A council of experts consisting of representatives of authors and of industries or trades 
connected with the exploitation of literary, scientific or artistic works shall assist the N.fi.nistry 
concerned in the exercise of its duties pursuant to this Act. 
Cases relating to prohibitions pursuant to section 48, and to the institution of legal 
proceedings pursuant to section 49, shall always be submitted to the said council of experts 
before the :Nfinistry makes its decision. 
The council, or a committee thereof: shall also have a duty to provide, when so 
requested, expert opinions for use by the courts in questions connected with this Act, and shall 
also act as an arbitration court in such c~ses if the parties agree to this. 
The :Nfinistry shall appoint the members of the council and shall issue regulations 
relating to the organization and activity of the council, and the remuneration of its members. 
Chapter 7. Penal sanctions, compensation and confiscation 
§ 54. Any person who wilfully or negligently contravenes this Act shall be liable to fines or to 
imprisonment for a term not exceeding three months if he 
a) infringes provisions laid down for the protection of copyright in or in accordance with 
Chapters 1 and 2, the provisions of section 39 j or 41 a, or prohibitions imposed 
pursuant to section 35 or 48, or provisions made by the author pursuant to section 39 
k, second paragraph, 
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 
are 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 abroad under such 
circumstances that a similar production in this realm would have been unlawful, or 
d) loffers or otherwise makes available to the public such works or fi-..:::ations 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 copies of such fixations as are specified in section 45 \Vith the intention of 
making them available to the general public for gain, when the producer has not 
consented to such import and copies of the same fixation are offered for sale in the 
realm with the consent of the producer. The ivlinistry may by regulations make 
exceptions to this provision for the import of copies from specific countries. IP/NI 1 INOR/CI 1 
Page 21 
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 VIilful, 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 VIilfully or negligently fails to insert in a work for the printing of which 
he is responsible the information specified in section 52 shall be liable to fines. 
Infringement of the third paragrap~ cf fourth paragrap~ shall be subject to public 
prosecution. Infringement of the other provisions of tbis section shall not be subject to public 
prosecution unless it is so requested by the aggrieved party or by an organization, cf. seventh 
paragrap~ or required in the public interest. 
If this Act has been infringed through use of a \vork in a manner specified in sections 
13, 14 and 17, third paragraph, prosecution may, insofar as the aggrieved party does not object 
thereto, be demanded also by the organization entitled to enter into agreements pursuant to 
section 36. 
§ 54 a. The sale of, or possession for purposes of gain, of any means the sole purpose of which 
is to facilitate the unlawful removal or circumvention of technical devices for the protection of 
a computer program, is prohibited. 
Any infringement shall be punishable in accordance with the provision in section 54. 
§ 55. Any damage caused by an infringement mentioned in section 54, or by an infringement 
of section 49, first paragraph, is subject to a claim for compensation according to the rules of 
compensation generally applicable. If the right of an author or a performing artist has been 
infringed wil.:fWly or by gross negligence, the court may also award him a sum of money as 
redress for damage of a non-economic nature. 
Even if the offender has acted in good faith, the aggrieved party may, irrespective of 
the extent of the damage, demand payment of the net profit accruing from the unlawful act. 
§ 56. All copies of a literary, scientific or artistic work or other work which have been 
unlawfully produced, imported or made available to the public in the realm may by court 
judgment be confiscated for the benefit of the aggrieved party, or assigned to him in return for 
remuneration not exceeding the cost of production. The same shall apply to type matter, 
printing blocks, fonns, etc., which can serve no other purpose than the unlaVlful production or 
exploitation of a work. 
In lieu of conEscation or assignment, the aggrieved party may demand that the article in 
question shall be wholly or partly destroyed, or rendered useless for the unlawful production or 
exploitation of the work. If substantial economic or artistic values would thereby be lost, the 
court may nevertheless in certain circumstances permit the copies produced to be made 
available to the public in return for compensation or redress to the aggrieved party. IP/N/I/NORlC/l 
Page 22 
The provisions of this section shall not be applied to a person who in good faith has 
acquired a copy of a work for his own private use, except as regards the casting of a sculpture. 
Nor shall they be applied to buildings, but the aggrieved party may in certain circumstances 
demand alteration of the b~ding, compensation or redress. Nor shall the provisions be applied 
to such press reports as are referred to in section 44. 
Chapter 8. The scope of the Act. 
§ 57. The provisions of this Act concerning copyright shall apply to: 
a) literary, scientific or artistic works created by a Norwegian national or by a person who 
is resident in the realm, 
b) literary, scientific or artistic works first published in the realm, or which have been 
published simultaneously here and in another country, 
c) cinematographic and television works, the producer of which has his headquarters in 
the realm or is resident here, 
d) buildings erected in the realm, 
e) works of art and photographic works placed in buildings or permanent structures 
situated in the realm. 
Simultaneous publication as specified in the first paragrap~ litra b, shall be deemed to 
have taken place when the work in question is published in the realm within 30 days of the first 
publication. 
The producer pursuant to the provision in the first paragrap~ litra c, shall be deemed, 
unless otherwise indicated, to be the person whose name is stated in the usual manner on 
copies of the cinematographic work. 
The provisions of sections 46, 47 and 48 shall apply without the limitations stipulated in 
the preceding paragraphs. 
The provision in section 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 a Norwegian board of directors and whose registered 
office is in the realm. 
§ 58. The provisions of chapter 5, except for sections 43, 43a and 44 and the right of 
distribution referred to in sections 42 and 45, shall apply for the benefit of works created by 
a) a Norwegian national or a person who is resident in the re~ 
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 and 
broadcasts which take place in Norway. The provision concerning the right of distribution in 
sections 42 and 45 shall apply to sound and film fixations made in Norway. The provision in 
section 45 concerning the right to make copies shall apply for the benefit of all sound and film 
fixations. The provision in section 43 shall apply to works that are published in Norway. The 
provision in section 44 shall apply to press releases which are received in Norway. The 
provision in section 43 a shall apply to photographic pictures first published in the realm or 
which have been produced by a person \-vho 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. IP/NI1/NOR/CI 1 
Page 23 
The provision in section 45 c shall apply to pictures of persons who are or have been 
resident in the realm. 
§ 58 a. When works or performances are broadcast by satellite from a country outside the 
European Economic Are~ this Act shall apply if the satellite receives signals from Nonvay or 
if the broadcast is commissioned by a broadcasting organization which has its headquarters in 
the realm. This provision shall apply only if the rules of the transmitting country regarding the 
right to broadcast works and performances do not provide protection corresponding to that 
provided under this Act. 
§ 59. On condition of reciprocity, the King may issue "regulations to the effect that the 
provisions of this Act shall apply, wholly or partly, to works which have a specific connection 
with a foreign state. 
The King may further decide that the provisions of this Act shall wholly or partly apply 
to literary, scientific or artistic works published by a supranational organization, and 
unpublished works which such organization has the right to publish. 
The provision shall apply correspondingly to the works described in chapter 5. 
Out of consideration for an agreement with a foreign state, the King may furthermore 
issue special provisions concerning agreements regarding the assignment of the right to make a 
film of a work for cinema or television, including the works to which the provisions shall apply. 
§ 60. This Act shall also apply to literary, scientmc and artistic works and other works 
produced prior to the entry into force of this Act. 
Copies that have lawfully been produced prior to the entry into force of this Act may 
continue to be distributed or exhibited outside private premises, but in such a way that the 
provisions of sections 19, 42 and 45 and the provisions of section 19 regarding the lending of 
machine-readable copies of computer programs shall also apply in such cases. 
Chapter 9. Entry into force of the Act and amendment of other statutes. 
§ 61. This Act enters into force on 1 July 1961. 
From the same date the Act of 6 June 1930 relating to literary, scientific and artistic 
works is repealed. 
References 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. IP/N/1/NORlC/l 
Page ~4 
Entry into force and transition~ provisions 
1. This Act shall enter into force from such date as the King will decide. The individual 
provisions 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. of protected 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 paragrap~ 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;'ille 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, unless othern'ise agreed. 
c) Unless otherwise agreed, an agreement concerning a sound fixation or film of 
the performance of a performing artist which was concluded prior to the entry into 
force of this Act shall 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 sound fixation in 
a :film which was concluded prior to the entry into force of this Act shall also include 
the rental right in respect of copies of the film. 
e) Unless otherwise agreed, an agreement regarding the assignment 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 .. ~~; 
f) .' 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 these 
provisions read prior to the amendments of this Act, may be included in new editions of 
the publication up to 1 January 1999 .. 
g) F or agreements which were concluded prior to the entry into force of this Act, 
a new section 58 a shall not be applied until 1 January 2000. Commencement and transitional provisions IP/NI1/NOR/CI 1 
Page 25 
1. This Act shall enter into force from such date as the King will decide. From such date 
as this Act comes into force, Act No. 1 of 17 June 1960 relating to rights in 
photogr~pbic pictures shall be repealed." 
2. The following transitional provisions shall apply in respect of the amendments to this 
Act: 
a) The amendments to this Act shall not ap'ply to actions carried out or rights 
acquired prior to the entry into force of this Act. 
b) :u: 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 protectio~ to 
the extent necess2.ry and usual, be completed as planned, but not later than by 1 January 
2000. 
Copies produced pursuant to the first paragraph may be distributed or exhibited 
outside private premises, but 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 fL-xation made with 
a parti~ar view to use in broadcasting, and the fixation was made when the work or 
work, under the former rules, was not protected, the fixation may, regardless of the 
new terms ofprotectio~ be used for broadcasts until 1 January 2000. This shall also 
apply to the screening of films which contain such works. 
d) .' The provision in point c) above shall also apply to fixations made pursuant to 
point b) above. 
e) . The amendments to this Act shall not apply if this VIill result in a shorter term of 
protection than that accorded by the former provisions. However, the provision in 
section 41, first paragraph, third sentence, shall apply as from the date of entry into 
force of this Act. 
f) The provision in section 41 a shall not apply to works that have been made 
available to the public in the manner prescnoed by the provision prior to the entry into 
force of this Act, UJJ.less a corresponding term of protection is already running for the 
work in another country vvithin 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 of the Act relating to rights in photographic pictures 
has expired prior to the entry into force of this Act. 
h) Any person who, prior to the entry into force of this Act, has la\vfully acquired 
a photographic work or a photographic picture shall also be deemed to have acquired 
the rental right to the copy, unless otherwise agreed. IP/N/l INORlCI 1 
Page 26 
i) If a work of art that was not protected by the former pro-visions has been 
included in a critical or scientific publication of a popular educational character 
published prior to the entry into force of this Act, the work may be included in new 
editions of the publication until 1 January 1999. The pro-vision 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. 