0BProvisional Act No. 40, of June 8, 1979, Relating to Photocopying, etc. of Protected Works for Use in
Educational Activities*F § 1. Copies of a published literary, scientific or artistic work by means of
photocopying or similar method of reproduction may be produced for use in educational
activities without the consent of the author when an agreement about such reproduction
exists with an organization representing a major part of Norwegian authors in the field in
question. Entitled to such right are teachers or other persons who have been granted
authorization in accordance with the agreement mentioned; this right embraces works
similar to those covered by such agreement. The production of copies may only be
carried out in such manner and on such terms as are stipulated in the agreement in
question. The right to produce copies does not apply to original copies of pictorial art.
Copies produced in pursuance of this Act may be used in educational activities
only.
The provisions in the first and second subsections correspondingly apply to
photographic pictures and works protected under Act No. 2 of May 12, 1961, relating to
Property Rights in Literary, Scientific or Artistic Works, § 43.
§ 2. When a copy of a literary, scientific or artistic work is produced in pursuance
of this Act, such reproduction can be in the dimensions and form required for the
purpose. The character of the work must not be altered or prejudiced. The author can
demand that his name be stated in the manner called for by proper usage (cf Act No. 2 of
May 12, 1961, relating to Property Rights in Literary, Scientific or Artistic Works, HU§ 3 UH).
The source otherwise shall be stated in the manner called for by proper usage.
When copies of photographic pictures are produced in pursuance of this Act, the
photographer can demand that the picture not be altered in a manner so as to prejudice his
reputation as a photographer. The photographer can demand that his name be stated in the
manner called for by proper usage (cf Act No. 1 of June 17, 1960, relating to Rights in
Photographs, HU§ 2UH). The source otherwise shall be stated in the manner called for by proper
usage.
§ 3. The provision in the agreement mentioned in HU§ 1UH, including the provision
relating to the collection and distribution of compensation is also binding on holders of
rights who are not represented by the organization in question. This also applies to the
provision in the agreement to the effect that the compensation shall not be paid to the
individual holder of a right but to specified funds for holders of rights and their surviving
relatives or to an organization representing the group of right holders concerned. On
distribution to right holders of compensation collected or on distribution of money paid
out to an organization or a fund, no account shall be taken of whether the holder of the
right is a member of the organization which is a party to the agreement.
* Entry into force: See section 6.
Source: English translation communicated to WIPO by the Norwegian authorities.
§ 4. If an agreement fails to materialize, either party can demand arbitration in
accordance with rulesF 1
F prescribed by the King unless the parties agree that the question
of the right to produce copies shall be determined with binding effect in accordance with
rules prescribed in pursuance of Act No. 2 of May 12, 1961, relating to Property Rights
in Literary, Scientific or Artistic Works, § 51.F 2
F Such decision shall also contain
provisions concerning compensation and terms otherwise to the extent to which
agreement has not been reached.
An agreement or a decision in accordance with the first subsection of this section
has the same effect as an agreement in accordance with HU§ 1UH.
§ 5. The King shall prescribeF 3
F more detailed rules concerning the scope and extent
of the Act.
§ 6.F 4
F This Act comes into force from the dateF 5
F determined by the King and shall
remain in force until the end of the year of 1989.
1 Decree of May 2, 1980.
2 Decree of January 28, 1972.
3 Decree of December 14, 1979
4 Amended in Act No. 96 of December 21, 1984.
5 From January 1, 1980, in accordance with Decree of December 14, 1979.