- CHAPTER I Authors' rights, etc.
- CHAPTER II Limitations to copyright
- CHAPTER III Assignment of copyright
- CHAPTER IV Duration of copyright
- CHAPTER V Various rights related to copyright 1
- CHAPTER VI. A Technological measures, etc.
- CHAPTER VI Miscellaneous provisions
- CHAPTER VII Penalties, compensation, claim procedures, etc.
- CHAPTER VIII Scope of the Act
- Interim provision
The Copyright Act No. 73, of 29 May 1972, as amended by Act No. 78, of 30 May 1984, Act No. 57, of 2 June 1992, Act No. 145, of 27 December 1996, Act No. 60, of 19 May 2000, Act No. 9 of 11 March 2006, Act No. 23 of 3 May 2006 and Act No. 97 of 30 June 2006.
CHAPTER I Authors' rights, etc.
Article 1
The author of a literary or artistic work shall have proprietary right thereto with the limitations stated in this Act. Literary and artistic works shall include any oral or written text, a dramatic work, musical composition, work of visual art, architecture, cinematography, photography or applied art, or other comparable art form, by whatever method and in whatever form it is presented. Maps, drawings, casts, models and other similar devices, presenting information or explanations on subjects, shall enjoy protection in the same manner as literary works. [The provisions of the third paragraph shall also apply to computer programs.]1) 1)Act 57/1992, Article 1.
Article 2
It shall be considered as reproduction when an intellectual property (a literary or artistic work) is fixed in one or more physical forms. A work shall be considered as having been published when copies of it are, with proper authorisation and in appreciable quantity, offered for sale, loan or rental or distributed to the public by other means. In the event that protection of a work be subject to the condition that it was first published in this country, such a condition is considered as fulfilled if it was published in this country within thirty days of its first publication abroad. A work shall be considered as having been presented when it has been performed, with proper authorisation, or shown publicly or copies of it have been published, as referred to in the second paragraph. It shall be considered as an independent public presentation when a radio broadcast of a musical or literary work is communicated to the public using a loudspeaker or other means. In the event that a work is performed or shown at a workplace where ten or more persons are employed, this shall be considered as a public presentation. When reference is made in this Act to the performance or presentation of a work in a broadcast, this shall include both radio and television broadcasting, unless otherwise specified.
Article 3
An author shall have exclusive right to make copies of his work and present it in its original or altered form, in translation or other form of adaptation.
Article 4
Wherever practicable, the name of the author must be indicated both on copies of the work and whenever it is presented.
An author's work may not be altered or presented in such a manner or in such a context as would prejudice the author's reputation or the individual character of the work
The right of the author as provided for in this Article may not be waived, unless exceptional circumstances exist, the nature of and grounds for which are clearly specified.
Article 5
Any person who translates a work, adapts it for a certain purpose, converts it from one literary or artistic form to another, or carries out other means of adaptation thereof, shall have copyright to the work in its altered form. His right shall in no way affect the author's copyright to the original work.
Should a work have been used as a model, or been made use of by other means, in creating another work, which may be regarded as new and independent, the new work shall not be subject to the copyright to the elder work.
Article 6
When a work, or parts of works, by one or more authors, are incorporated into a composite work, which may be in itself considered to be a literary or artistic work, the person creating the composite work shall hold copyright thereto. His right shall in no way affect copyright to the works incorporated into the composite work.
The provisions of the first paragraph shall not apply to newspapers and periodicals, cf. Article 40.
[The provisions of the first paragraph shall apply to databases, with regard to their selection and arrangement, provided general conditions for copyright protection have been satisfied. This shall not affect the copyright to any works which may be included in the database. Nor shall it affect the parallel rights of producers in accordance with Article 50.
A database, as referred to in this Act, cf. the third paragraph of this Article and Article 50, shall mean a collection of independent works, information or other details, which have been arranged in an organised or systematic fashion and are accessible by electronic means or by other methods. A computer program, which is used for the compilation or operation of a database and to which access is granted by electronic means, shall not be deemed a database for the purpose of this Act.]
1) Act No. 60/2000, Art. 1.
Article 7
Should a single work have two or more authors, whose individual contributions cannot be separated into independent works, they shall hold joint copyright in the work.
Article 8
Until proved otherwise, the person whose name is indicated in the usual manner on copies of a work, or is declared to be the author, shall be considered the author of the work when the work is presented. This shall also apply to authors who use pseudonyms or identifying marks, when it is generally known to whom they refer. The foregoing provisions shall also apply to a producer of a cinematographic work. [In addition, in cases where major or continuous performance of works or extensive reproduction or rental has taken place, it shall be assumed that the works performed, rented or reproduced are protected by copyright laws unless evidence be produced to the contrary.]1)
Should a work be published without indication of the name of the author as referred to in the first paragraph, the publisher shall act on his behalf until such time as his name is indicated in a new publication or by notification to the Minister of Education, Science and Culture.
1) Act No. 57/1992, Art. 2.
Article 9
Acts, Regulations, administrative provisions, court rulings and similar official documents are not subject to copyright according to this Act, nor are official translations of such documents.
Article 10
Patterns and designs shall be protected as applied art, provided they fulfil the conditions of utility and artistic characteristics.
CHAPTER II
Limitations to copyright
[Article 10 a
Authors’ exclusive rights under Article 3 (cf. Article 2), shall not apply to the making of reproductions (copies) that: are transient or incidental, constitute an integral and essential part of a technological process, are carried out for the sole purpose of enabling either efficient transmission in a network between third parties by an intermediary, or a lawful use of a work or other subject-matter to be made, and have no independent economic significance. The provisions of the first paragraph of this Article shall not apply to computer programs and databases.]1)
1) Act No. 9/2006, Art. 1
Article 11
[Individuals may make reproductions of published works exclusively for private use, providing that this is not done for commercial purposes. Such reproductions may not be used for any other purpose.]1)
[The provisions of the first paragraph do not confer the right to: erect structures copying a work which is protected by rules concerning architecture, reproduce works which are protected by rules concerning sculpture, applied art or drawing if the assistance of other persons is sought for this purpose, reproduce protected musical and literary works, if the assistance of other persons who carry out such reproduction on a commercial basis is sought for this purpose, reproduce protected computer programs],2) [reproduce electronically readable copies of databases.]3) [The authors of works, which have been broadcast or which have been issued on an audio or video recording, shall be entitled to special compensation due to their recording for private use on tape, disk, CD-ROM or other means, in any form whatsoever by which audio or video material may be recorded by analogue or digital means. Furthermore, a fee shall be paid for equipment intended in particular for such recording. This levy shall be paid without regard to whether the product is of domestic or imported origin and the obligation to pay this levy rests with importers and producers.
The levy provided for in the third paragraph shall amount to: For devices, the charge shall be 4% of the import price or production price in the case of domestic production; For tapes, disks, CD-ROMs or other materials for audio recording only, the fee shall be ISK 35; For tapes, discs, records or other materials for visual recording, with or without sound as the case may be, the fee shall be ISK 100. The fees provided for in Points 2 and 3 are based on a performance time of up to 180 minutes for materials for audio recording and up to 240 minutes for materials for video recording. If the performance time is longer the fee shall be increased proportionally. The Minister of Education, Science and Culture shall set detailed rules on fees in accordance with the third and fourth paragraphs, specifying, for instance, for what materials and devices fees shall be paid. The amounts provided for in the fourth paragraph, for tapes, disks, CD-ROMs or other materials, may be lowered if it can be assumed that only a portion of them is intended for recording in accordance with the third paragraph.
The association of copyright holders societies, including societies of performers and producers, shall collect and dispose of fees as provided for in the third paragraph. The association may entrust the customs authorities with the collection of those fees which importers are to collect and submit. The association shall operate according to statutes adopted in consultation with the Ministry of Education, Science and Culture which are subject to its endorsement. These statutes shall determine, for instance, how revenues are divided between member societies and may also make provision for contributions in support of the production of audio and video recordings.]4)
1) Act No. 9/2006, Art. 2
2) Act No. 57/1992, Art. 3.
3) Act No. 60/2000, Art. 2.
4) Act No. 60/2000, Art. 2.
[Article 11a
[The owner or legally authorised user of a copy of a computer program, which has been published, is permitted, notwithstanding the provisions of Point 4 of the second paragraph of Article 11, to make copies of the program, including back-up and security copies, as necessary for his/her utilisation of the program. Such copies may not be otherwise used and the right to their utilisation is cancelled should the owner dispose of his/her original copy to other persons.]1)
[Furthermore, anyone who has acquired the right to use a computer program shall be authorised to inspect, investigate or try the program, without the express permission of the program author, for the purposes of examining its operation and the basic ideas and principles upon which individual aspects of the program are based, provided that such actions are related to the uses permitted to a rightholder in connection with utilisation of the program.
No derogation from the provisions of this Article may be made by contract.]2)
1) Act No. 60/2000, Art. 3.
2) Act No. 145/1996, Art. 1.
Article 12
[Regulations shall be issued containing authorisation for acts of reproduction by archives, libraries, museums and educational institutions for use in their operations as defined in further detail in the regulations, providing that this is not done for commercial purposes. Such reproductions may not be lent or published in another manner, except within the institution, without the permission of the author.]1)
1) Act No. 9/2006, Art. 3
Article 13
Although a structure may be protected under the rules concerning works of architecture, the owner may, nevertheless, alter it without the author's consent to the extent which such is deemed necessary for its utilisation or for technical reasons.
Objects protected by rules concerning applied art may be altered without the consent of the author.
Article 14
Any presented literary work, including dramatic works and presented cinematographic or musical works, may be quoted if this is done in the context of a critical or scientific public discussion, or other recognised purpose, provided the quotation is correct and of reasonable length.
The same conditions apply to presentations of pictures and drawings of presented works of art and documents, as referred to in the third paragraph of Article 1, [providing that no commercial purpose is involved.]1)
Should pictures or drawings of two or more works by the same author be presented in a text intended as general information the author shall be entitled to remuneration.
1) Act No. 9/2006, Art. 4
Article 15
Popular articles on the subject of economics, politics or religion in newspapers or periodicals, or broadcast material or the same type, may be cited in other newspapers or periodicals or performed in a broadcast, unless expressly stated in the articles or the broadcasts that such representation is prohibited. Reference shall, as a rule, be made to the source when such representation is made.
Pictures or drawings of presented works of art may be presented in newspapers and periodicals, on television and in cinematographic works in connection with the reporting of current events. This shall not, however, apply to works which were intended for presentation in the foregoing manner.
When the performance or exhibition of a work is among newsworthy events, excerpts from the work, or a recapitulation of it, may accompany a presentation of the event shown to the public in a broadcast or cinematographic work.
[Article 15a
Anyone having obtained permission to photocopy works or reproduce them in a similar fashion for business purposes by agreement with the organisations of copyright holders, who act in the interests of a significant portion of Icelandic authors to this end and have received formal legal recognition from the Ministry of Education, Science and Culture for this purpose, shall also be entitled to reproduce the works in the same fashion, without requiring the express consent of the author in each case, even though the author is not a member of the organisation. Each individual author can, by a written interdict, prohibit the reproduction of his works in accordance with this paragraph.
Copyright organisations, as referred to in the first paragraph, shall abide by statutes adopted in consultation with the Ministry of Education, Science and Culture and subject to its approval. The organisations shall, in addition to being party to agreements, have the right to carry out general collection of fees for reproduction, for those Icelandic authors who are not members as well as members. The statutes of the organisation shall provide for the disposal of royalties for reproduction whereby authors, who are not members of the organisation, shall enjoy the same rights to remuneration for the use of their works as members.
Copyright organisations, as referred to in the first paragraph, are responsible for all claims which may be submitted by copyright holders who are not members of the organisation and who are legitimately entitled to remuneration for reproduction, and may such claims be sought only to the organisations. Claims referred to in this paragraph shall expire after four years have elapsed from the time the properly permitted reproduction was carried out. Disputes regarding claims shall be settled by the Rulings Committee referred to in Article 57.
The Minister shall set detailed rules on the implementation of this Article. Such rules may, in particular, prescribe the extension, as appropriate, of the provisions of this article to apply to computer-readable copies of published works for use in databases.]1)
1) Act No. 57/1992, Art. 5.
Article 16
Photographs may be taken and presented of buildings, as well as works of art, which have been situated permanently out-of-doors in a public location. Should a building, which enjoys protection under the rules concerning works of architecture, or a work of art as previously referred to, comprise the principal motif in a photograph which is exploited for marketing purposes, the author shall be entitled to remuneration, unless the pictures are intended for use by a newspaper or in television broadcasting.
Article 17
The following may be presented in composite works, consisting of selections from works by many authors and compiled for use in religious services, classroom instruction or educational broadcasting, [providing that no commercial purpose is involved.]1): individual literary or musical works, if they are of limited size, and chapters taken from longer works, when five years have elapsed from the end of the year in which the work was published; pictures or drawings of works of art or documents, as referred to in the third paragraph of Article 1, in connection with texts covered by Point 1, provided five years have elapsed from the end of the year in which the work was presented. Works created for use in classroom instruction may not, however, be used in any form in a composite work published for the same purpose without the consent of the author.
Whenever a work is presented, in whole or in part, in a composite work in accordance with this Article, the author shall be entitled to remuneration.
1) Act No. 9/2006, Art. 5.