Licence agreement – Higher education

Model agreement negotiated between the Norwegian Association of Higher Education Institutions (UHR) and Kopinor as at June 2016.

Agreement

relating to the reproduction of copyright protected material at universities and university colleges which are members of UHR, during the period from 1 July 2016 to 30 June 2018

between

(name of university / university college) (hereafter referred to as the institution)

on the one hand
and

Kopinor

on behalf of

the members of the Norwegian Authors’ Union, Norwegian Publishers’ Association, Norwegian Specialized Press Association, Norwegian Association of Fine Art Photographers, Grafill – the Norwegian Organisation for Visual Communication, Norwegian Media Businesses’ Association, Norwegian Music Publishers’ Association, NOPA Norwegian society of composers and lyricists, Norwegian Association of Professional Photographers, Norwegian Non-Fiction Writers’ and Translators’ Association, Norwegian Union of Journalists, Norwegian Society of Composers, Norwegian Critics’ Association, Norwegian Association of Literary Translators, Association of Norwegian Editors, Norwegian Comedy Writers’ Association, Norwegian Association of the Periodical Press, Norwegian Writers for Children, Association of Norwegian Visual Artists, Writers’ Guild of Norway, Norwegian Association of Arts and Crafts, New Music Composers’ Group and foreign rightsholders’ organisations

on the other.

Introduction
Subject to the conditions stipulated in this agreement, the institution is entitled to reproduce protected, published material from Norwegian and foreign publications whose rightsholders are represented by Kopinor.

Pursuant to sections 13b, 14 and 36 of the Copyright Act, the institution is also  entitled to reproduce and use material created and published by rightsholders not represented by Kopinor (extended collective licence).

Such permission is conditional upon reproduction supplementing, rather than replacing, the purchase of published material from a bookshop, picture archive, etc. or directly from rightsholders whenever natural, so as not to damage rightsholders’ legitimate interests and normal exploitation of their work.

Chapter 1
SCOPE OF AGREEMENT

Section 1
This agreement applies to the internal reproduction and use of published protected material for the institution’s activities, including for use in education, research and administration.

This agreement imposes no restrictions on statutory reproduction and usage rights, including the right pursuant to section 12 of Act no. 2 of 12 May 1961 relating to copyright in literary, scientific and artistic works, etc. (the Copyright Act) to make single copies for private use provided this is not done for commercial purposes, and the right of libraries to make copies pursuant to regulations issued under section 16 of the Copyright Act.

Reproduction and use agreed directly with authors and publishers or representatives of these parties are not covered by this agreement. Any subscription/licensing agreements and purchase conditions by which the institution is bound take precedence over this agreement.

This agreement does not cover the reproduction and use of

  • audio and audiovisual works (sounds and moving images)
  • computer software
  • computer games, interactive learning tools, etc.
  • original works of visual art and photographs, etc.

Chapter 2
NAMING THE AUTHOR, ETC.

Section 2
The author shall be named and the title and source of the work shall be stated in the manner required by proper usage, see section 3, section 43a, third paragraph, and section 11 of the Copyright Act.

Protected material may not, pursuant to this agreement, be altered, adapted or translated, etc., and may not be used in a prejudicial manner (see section 3 of the Copyright Act).

Chapter 3
DEFINITIONS

Section 3
In this agreement, protected material shall mean literary, scientific and artistic works, see section 1 of the Copyright Act, photographic pictures, see section 43a of the Copyright Act, and works that are protected under section 43 of the Copyright Act (catalogues, etc.) This agreement thus covers reproduction from published material in the form of written work; drawings and graphic works of an artistic, scientific or technical nature; maps; depictions of paintings, sculptures and other visual artworks, architectural works and examples of artistic crafts or applied art, both pictures of models and pictures of the actual works; musical scores with or without text; photographic works and pictures, as well as forms, tables, catalogues and similar works that compile a substantial number of items of information or that are otherwise protected under section 43 of the Copyright Act. Acts, regulations, court decisions, etc. are not protected by the Copyright Act, see section 9, and may thus be reproduced freely and independently of this agreement. Nor does this agreement restrict the right to reproduce works covered by section 26 of the Copyright Act.

In this agreement, reproduction and use of protected published material shall mean the production of copies and making available to the public, see section 2 of the Copyright Act, limited to the institution’s internal use as described in section 1, first paragraph, and section 4 of this agreement. Pursuant to this agreement, copies may be produced through photocopying, digital copying, including scanning, storing and printing out, as well as by drawing and transcribing. Pursuant to this agreement, copies may be made available to the public through internal distribution of paper copies or digitally via the institution’s internal, closed network (learning platforms, intranet, archives, etc.), through digital presentation (projections onto a screen/canvas, interactive whiteboard, etc.), or by email to employees, students, course participants, etc. As regards making coursepacks available, see section 18.

Published material shall mean copies of protected material that, with the consent of the author, photographer or catalogue producer, have been offered for sale or otherwise made available to the public in a reasonable number, including on the internet, see section 8, second paragraph, of the Copyright Act, as well as musical scores and dramatic works which have been made available to the public in written form or been incorporated into distribution archives, as well as reproductions, transcripts or printouts of such copies.

A reproduced page shall mean a copy in A4 format or smaller, while copies in A3 format shall count as two reproduced pages, etc. If more than one book page, journal page or press clipping is included on a single A4 page, each copied book page, journal page or press clipping shall count as one reproduced page. If a book page, journal page or press clipping with an original format of A4 or less is magnified, for example for persons with reading difficulties, each copied book page, journal page or press clipping shall still count as one reproduced page. In the case of digital material, one reproduced page normally equals one A4 page in a standard print format.

Chapter 4
HOW MAY PROTECTED MATERIAL BE USED?

Section 4
This agreement covers reproduction initiated by the institution, including reproduction from the curriculum and other necessary learning materials. Subject to the restrictions laid down in this agreement, protected material may be reproduced by and for the institution’s employees, students, course participants, members of the institution’s committees, boards and councils, or others with a special link to the institution. Employees may also make reproductions for colleagues at cooperating institutions or for use by liaison bodies for cooperating institutions, but systematic sharing between institutions of learning resources produced pursuant to this agreement is not permitted.

Further, necessary copies may be made for third parties provided this takes place in connection with administrative processing, commissioned research, lectures, etc.

Section 5
This agreement does not authorise the reproduction of protected material which has the character of a publishing activity, even if done solely for the institution’s employees, students, course participants, etc. However, the production of coursepacks is permitted subject to certain conditions; see section 14 onwards.

The reproduction for publication in a printed or digital form (including on the internet) or for other distribution or other making available to the public, including to students or course participants other than those studying the subject or course for which the material has been prepared, is always deemed a publishing activity.

Material reproduced pursuant to this agreement shall not be stored or indexed in a systematic manner (applicable to works of the same type and on a significant scale) unless done for research purposes.

Section 6
Reproduction of protected material pursuant to this agreement shall not take place as part of any promotion or marketing activity, whether in the form of individual copies or through sale or distribution in connection with advertising campaigns.

Section 7
This agreement does not authorise the reproduction of musical scores for use by established choirs, bands, orchestras or other ensembles unless done for teaching purposes. Ensembles are required to enter into separate reproduction agreements. (See also section 12.)

Chapter 5
EXTENT OF REPRODUCTION

Section 8
For an individual student or course participant, up to 15% of an individual book or similar publication (including offprints, standards, etc.) may be reproduced per subject per term. Book extracts shall be registered for clearance in Kopinor’s digital system, Bolk, in accordance with the provisions of section 14 onwards.

For persons other than students and course participants, up to 15% of the total number of pages in an individual book or similar publication (including offprints, standards, etc.) may be reproduced, although this provision shall not bar reproduction of an entire chapter or similar unit, an entire short story or an entire scene from a play. (Regarding musical scores, see section 12.)

Section 9
For an individual student or course participant, no more than one article per subject per term may be reproduced from an individual edition of a scientific journal.

For persons other than students and course participants, no more than one article may be reproduced from an individual edition of a scientific journal.

If the institution accesses such articles via a subscription/licensing agreement with the journal publisher, the conditions of that agreement shall apply.

Section 10
The reproduction of periodical publications such as newspapers, weekly magazines, cultural and professional journals, etc. is not subject to volume restrictions. The same applies to brochures and other publications intended for free distribution.

Section 11
Material published lawfully on open websites may be reproduced without volume restrictions.

Section 12
Reproduction of individual musical scores (sheet music or similar publications of individual works of music) and collections of musical scores (collections of individual items of sheet music) is limited to 15%, or a maximum of 10 pages, from any single publication. However, an entire movement or similar section of an individual score may be reproduced for use in musical theory education.

Section 13
The restrictions laid down in sections 8 to 12 do not apply to the making of copies for use in exams (all-day tests or other common tests).

Chapter 6
SPECIAL PROVISIONS ON BOOK EXTRACTS AND CLEARANCE OF COURSEPACKS

Section 14
The institution is entitled to create coursepacks that entirely or partly contain material that is subject to payment according to this agreement, provided that such production complies with the other provisions of this agreement.

Section 15
Curriculums and other necessary learning materials in the form of book extracts which are copied and made available to students and course participants pursuant to this agreement (see section 8), including in the form of coursepacks, shall be registered in Bolk for clearance. The institution shall register the number of pages, subject code, term and expected number of students/course participants to be provided with the material. The institution shall upon request confirm to Kopinor the correct number of students as at 1 October and 1 April.

However, musical scores, songbooks and hymn books shall not be registered in Bolk. Nor shall reproduction and use of books or similar publications taken from open websites be registered.

Section 16
The institution is entitled to compile and download content files for relevant course materials in connection with registration in Bolk, provided that such files are available in the Bolk content database. These files may be used in subsequent making available to the students and course participants for whom the material has been developed, on digital platforms and in connection with the printing of paper coursepacks; see also section 19.

The institution is not entitled to store files deriving from the Bolk content database in its own databases. The institution is only permitted to make the same course materials available to new students and course participants if it re-registers the material and receives an updated file from Bolk.

The Bolk content database primarily comprises book files made available by rightsholders, and Kopinor will administer and expand the database on an ongoing basis. Journal articles may also be requested and potentially downloaded from Bolk, for example when the institution does not have a licensing agreement with the journal publisher or such a licensing agreement does not already permit use in coursepacks.

Section 17
If no content file is available from Bolk, the institution may, if it wishes, upload its own book extracts to Bolk for compilation into a coursepack. The institution may also upload and incorporate into its coursepacks other material that is subject to payment, self-produced material, non-protected material, and material which has been pre-licensed under a direct licensing agreement with relevant rightsholders, provided that such agreement permits this. Coursepacks created using Bolk will be stored in Bolk and can be re-used by the institution if it wishes.

Section 18
Course material, including coursepacks, may be made available to and be used by students and course participants registered for the subject in question or the course for which the material has been developed, for a student’s own studies, in the format and on the platform preferred by the student.

Paper coursepacks created pursuant to this agreement and distributed to students and course participants registered for the subject or course in question may not be lent or transferred to others or be collected by the institution for re-use, lending or rental purposes, even if only for use within the institution.

Section 19
Institutions that create coursepacks containing material reproduced pursuant to this agreement but that do not wish to compile and store the course-pack file in Bolk shall mark each extract as follows:

“Place of study/term/subject code

This material is protected pursuant to the Norwegian Copyright Act and has been fully or partly produced pursuant to agreement with Kopinor. The material may be used by students studying the subject in question, for their own studies, in any format and on any platform. Any other reproduction or publication not explicitly authorised by the rightsholder is only permitted if allowed by law (reproduction for private use, quotation, etc.) or agreement with Kopinor (www.kopinor.no).”

Coursepacks created using Bolk will be automatically marked in a corresponding way.

In the interests of control and the distribution of remuneration, Kopinor may ask for materials that are created outside Bolk and include book extracts registered for clearance in accordance with section 15 to be sent to Kopinor in accordance with detailed instructions.

Chapter 7
CLEARANCE OTHER THAN PURSUANT TO THIS AGREEMENT

Section 20
If the institution so requests, Kopinor will to the best of its ability assist in obtaining permission from authors and publishers to make reproductions, etc. beyond what is permitted under this agreement. The institution shall in such cases use Bolk to request direct clearance of book extracts and journal articles exceeding the limitations laid down in this agreement. However, this agreement does authorise the reproduction of illustrations, pictures and other small works that form part of the extract in question.

The price of extended rights clearance is displayed when an order is submitted via Bolk. The institution shall be invoiced separately according to the orders it actually places.

Chapter 8
DUTY TO NOTIFY AND PROVIDE INFORMATION

Section 21
Kopinor undertakes to make information about this agreement available to the institution.

Section 22
The institution shall ensure that employees and others who make or use reproductions pursuant to this agreement are informed of its provisions. The institution shall send general information which it prepares about this agreement to Kopinor for information purposes on an ongoing basis.

The institution shall appoint a person to be responsible for administering this agreement, and shall always keep Kopinor informed of the identity of this person.

Chapter 9
PAYMENT

Section 23
Pursuant to the provisions below, the institution shall pay Kopinor remuneration for the reproduction and use of material that is subject to payment according to this agreement.

For the autumn of 2016 and spring of 2017, the institution shall pay remuneration at the following rates per term:

Per employee (man-year), at all institutions NOK 175.48
Per student (full-time equivalent), at all institutions NOK 195.80

For subsequent academic years, the rates shall be adjusted in accordance with changes in the consumer price index of Statistics Norway as at 15 April 2017.

Section 24
Kopinor shall invoice the institution twice a year, normally on 15 March and 1 November, with payment due in 30 days.

As the basis for invoicing, Kopinor shall use the most recently available figures for employees (man-years) and students (full-time equivalents) as these are stated in the Database for Statistics on Higher Education (the DBH database).

Kopinor shall invoice institutions that do not report to the DBH database on the basis of submitted declarations stating the number of full-time equivalents for students and man-years for employees. Kopinor shall send a declaration form to the institutions prior to invoicing.

The institution may charge students for material that is subject to payment and produced pursuant to this agreement, see the Regulations on individual contributions at universities and university colleges (FOR-2005-12-15-1506), but may not make a direct or indirect profit on the production and distribution of such material. Kopinor is entitled to check that a student’s payment does not exceed the institution’s incurred costs, i.e. its actual administrative, production and distribution costs including remuneration for reproduction and use.

Chapter 10
SURVEY OF REPRODUCTION AND USE

Section 25
During the term of this agreement, UHR and Kopinor shall survey actual reproduction and use of protected material by universities and university colleges as the basis for negotiations on the setting of remuneration in future agreements. UHR and Kopinor shall appoint a joint committee to perform this task.

Kopinor, on the one hand, and institutions that have entered into an agreement based on this model agreement, on the other, are to pay the costs of such surveys. Kopinor shall invoice institutions as further agreed with UHR.

UHR and Kopinor shall be permitted, individually and at their own expense, to arrange for supplementary statistical sample surveys to be conducted; in Kopinor’s case this includes surveys for the purpose of distributing funds to rightsholders in Norway and abroad.

Section 26
If the institution is chosen to participate in a survey, it shall support the survey’s completion. The institution shall bear all expenses linked to the hours worked by the institution’s own employees, employee representatives and others affected by a survey.

Section 27
UHR and Kopinor shall ensure that information about lawful reproduction by the institution gathered by survey is kept confidential.

Chapter 11
BREACH AND COMPENSATION

Section 28
If a party commits a material breach of this agreement and the matter is not rectified within 90 days of written notice being received by registered letter from Kopinor or the institution, the other party may terminate this agreement with immediate effect. Termination shall be declared in writing, stating the grounds for termination. Compensation for breach may be claimed irrespective of whether or not this agreement is terminated.

Section 29
The institution shall not be liable to pay compensation for reproduction by employees or others in breach of this agreement except as specified in section 2-1 of Act no. 26 of 13 June 1969 relating to compensation; however, the institution shall not be liable for reproduction by employees or others that occurs in contravention of information provided by the institution pursuant to section 22.

Chapter 12
MISCELLANEOUS PROVISIONS

Section 30
Kopinor shall settle any claims for payment or compensation which the institution may receive from Norwegian or foreign rightsholders, provided that such claims concern reproduction which has been paid for and undertaken in accordance with the provisions of this agreement. The institution shall not be obliged to settle such claims, and Kopinor shall indemnify the institution against claims made against and costs incurred by it in connection with such a claim. If a claim is received, the institution shall reject the claim and refer it to Kopinor. Claims shall not be settled until Kopinor has been consulted. Kopinor is entitled to intervene in any dispute relating to a claim.

Section 31
The institution accepts that Kopinor may, on behalf of the rightsholders Kopinor represents, claim compensation and bring legal proceedings regarding any reproduction of protected material that is not authorised by law or agreement. However, rightsholders have not relinquished their right to demand compensation and bring legal proceedings against the institution in response to any reproduction of protected material that is not permitted under this agreement. Provided that the institution has complied with Kopinor’s requirements, Kopinor shall settle rightsholder claims relating to such usage.

Section 32
The institution and Kopinor are entitled to make this agreement public.

Section 33
Upon request, the institution shall inform Kopinor of its reproduction routines and how the provisions of this agreement are applied in practice.

Chapter 13
MEDIATION AND DISPUTE RESOLUTION

Section 34
If negotiations regarding the conclusion, extension or renegotiation of this agreement fail to result in agreement, the institution and Kopinor may individually demand mediation or, if mediation is unsuccessful, that permission and conditions for reproduction be set by a tribunal; see section 38 of the Copyright Act.

Section 35
If a dispute arises between Kopinor and the institution regarding the interpretation or existence of this agreement, a breach of this agreement, or claims which are otherwise based on this agreement, the parties shall first seek to resolve the dispute through negotiations.

If agreement is not reached through negotiations, either party may institute legal proceedings before a Norwegian court.

Chapter 14
DURATION AND EXPIRY OF THIS AGREEMENT AND NEGOTIATION OF A NEW AGREEMENT

Section 36
This agreement applies during the period from 1 July 2016 to 30 June 2018, inclusive.

Section 37
Upon the expiry of this agreement, the institution shall do its utmost to ensure the cessation of all reproduction of protected material not permitted by law or separate agreement with rightsholders.

After the expiry of this agreement, reproductions created pursuant to this agreement shall only be stored for archiving purposes and, in relevant cases, further administrative processing, and shall not be actively re-used.

However, the institution may continue to create reproductions subject to the conditions in this agreement for the duration of negotiations concerning a new reproduction agreement. If a new agreement is concluded, the conditions in the new agreement shall apply as of the date on which the new agreement takes effect.

Section 38
The institution understands that UHR, on behalf of the institution, appoints representatives for the universities and university colleges to a committee tasked with negotiating a new reproduction agreement. UHR may also appoint a representative for non-state-owned university colleges if such institutions submit proposals.