Licence agreement – individual organisations

Agreement relating to the reproduction of protected material by individual organisations, companies and institutions

between 

...................................
(hereafter referred to as the “licensee”)

on the one hand
and

Kopinor

on behalf of the members of
The Norwegian Specialized Press Association, The Norwegian Authors’ Union, The Norwegian Publishers’ Association, The Norwegian Association of Fine Arts Photographers, GRAFILL – Norwegian Organisation for Visual Communication, Norwegian Media Businesses’ Association, NOPA Norwegian society of composers and lyricists, The Norwegian Association of Professional Photographers, The Norwegian Non-Fiction Writers’ and Translators’ Association, The Norwegian Union of Journalists, The Norwegian Society of Composers, Norwegian Critics’ Association, The Norwegian Music Publishers’ Association, The Norwegian Association of Literary Translators, The Association of Norwegian Editors, Norwegian Comedy Writers’ Association, Norwegian Association of the Periodical Press, Norwegian Writers for Children, The 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 hand.

SCOPE OF THE AGREEMENT

Section 1
This agreement shall apply to the reproduction of protected published material for use within the activities of the licensee.

The agreement shall not limit reproduction authorised by law or reproduction agreed directly with the author and the publisher or a representative of these parties. Any licence agreements and purchase conditions by which the licensee is bound shall take precedence over this agreement.

The agreement shall not cover the reproduction of:

  • audio and audiovisual works
  • computer software
  • computer games, interactive learning tools, etc.
  • original works of visual art and photographs, etc.

The agreement shall not cover the digital reproduction of daily newspapers, although photocopying, printouts and reproduction for use with video projectors, etc. shall be permitted.

Section 2
Subject to the conditions stipulated in this agreement, the licensee shall be entitled to reproduction of protected material from Norwegian and foreign publications whose rightsholders are represented by Kopinor (see the Copyright Act of 12 May 1961 No. 2 and provisions regulating competition).

Pursuant to sections 13b and 14 (see also section 36 – extended collective licence) of the Copyright Act, the provision in the first paragraph shall also permit the reproduction of material created and published by rightsholders not represented by Kopinor.

NAMING THE AUTHOR, ALTERATIONS, ETC.

Section 3
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).

This agreement shall not authorise the alteration, adaptation or translation, etc. of protected material, and protected material shall not be used in a prejudicial manner (see section 3 of the Copyright Act).

DEFINITIONS

Section 4
In this agreement, PROTECTED material shall mean literary, scientific and artistic works (see section 1 of the Copyright Act), photographic images (see section 43a of the Copyright Act), and works that are protected under section 43 of the Copyright Act (catalogues, etc.) The agreement shall thus cover the reproduction of published material in the form of writings; drawings and graphic works of an artistic, scientific or technical nature; maps; pictures 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 images; 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.

Decisions and other statements relating to the exercise of authority by public bodies, for example laws, court decisions, administrative regulations and NOUs (Official Norwegian Reports), etc. are not protected under the Copyright Act (see section 9 of the Copyright Act).

In this agreement, PUBLISHED material shall mean a copy of protected material that has been brought onto the market or otherwise distributed to the public with the consent of the author, the photographer or the catalogue producer, respectively, including material made available 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 are held in archives for distribution, as well as reproductions, transcriptions or printouts of such material.

In this agreement, REPRODUCTION shall mean photocopying and digital copying, including scanning, storing and making printouts. Further, the definition shall include the making of copies by drawing or transcription, but not the photographing of visual art, photographs, etc.

In this agreement, A REPRODUCTION shall mean any copy made by a means of reproduction.

A REPRODUCED PAGE shall mean a reproduction no larger than A4 size, while reproductions in A3 format shall count as two reproduced pages, etc. If multiple book pages, journal pages or press clippings fit on a single A4 page, each reproduced book page, journal page or press clipping shall count as one reproduced page. If a book page, journal page or press clipping which in its original format is of A4 size or smaller is magnified, for example for persons with reading difficulties, each reproduced book page, journal page or press clipping shall nevertheless count as one reproduced page. In the case of digital material, a reproduced page shall normally equal an A4 page in standard print format.

HOW MAY REPRODUCTIONS BE USED?

Section 5
Reproduction shall not replace, but be a supplement to, the purchase of published material. Reproduction shall therefore only occur when it is not reasonable or natural to acquire the material from a book shop, picture archive, etc.

Section 6
Reproductions may be made for the employees of an institution, the members of the institution’s committees, boards and councils, and other persons with a particular connection to the institution, for use in the licensee’s operations.

Reproductions made in accordance with this agreement may be made available via the institution’s internal, closed networks (intranet, archives, etc.), by digital presentation (projections onto a screen/canvas, electronic board, etc.), by email, etc.

Section 7
Under this agreement, reproductions may be made for participants in standalone seminars, courses, etc. arranged by the licensee. Separate agreements shall be concluded in the case of regular teaching and course activities.

Necessary reproductions may be made for delivery to third parties (clients, contract parties, etc.) in the course of administrative processing and, additionally, for delivery to other close, standalone contacts.

Section 8
Reproductions made under this agreement shall not be used in profile-raising or marketing, whether in the form of individual copies or through sales or distribution in connection with advertising activities.

Section 9
This agreement shall not confer an entitlement to undertake reproduction which has the character of a publishing activity.

The use of reproductions in publications which appear to be independent products with their own names, own editors, etc. shall always be considered to be a publishing activity, even if the intended audience is restricted to the enterprise’s employees.

The making of copies for publication in print or digital form (including on the internet), or for other distribution and making available to the public, shall always be considered a publishing activity.

The systematic compilation of databases of works (for example a database of visual artworks) is considered a publishing activity.

Section 10
This agreement shall not confer an entitlement to reproduction for use by established choirs, bands, orchestras and similar ensembles. Such ensembles shall conclude separate agreements.

THE EXTENT OF REPRODUCTION

Section 11
Subject to the provision in section 5, the extent of reproduction shall be limited in each individual case to 15% of an individual book or similar publication. However, an entire short story, chapter or similar unit may be reproduced from a particular publication. (Concerning musical scores, see section 14.)

Section 12
The limitations set out in section 11 shall not apply to reproduction from periodical publications such as newspapers, weekly periodicals, and cultural and professional journals. Reproduction from scientific journals, i.e. journals dealing with research and research results, the extent of reproduction shall be limited to two articles from a single issue by a single individual, and no more than 25% of the total number of pages.

There shall be no limitation on the extent of reproduction from brochures and other publications intended for free distribution.

Section 13
Materials published on open websites may be made without limitation. The licensee shall be responsible for ensuring that no reproductions are produced from copies published on the internet illegally.

Section 14
Reproduction from single musical scores (a music sheet or similar publication of a specific musical work), and from collections of musical scores, shall be limited to 15%, subject to a maximum of 10 pages from each individual publication. See also section 10.

Section 15
Kopinor shall undertake to make its best efforts to assist in obtaining permission from authors and publishers for photocopying, etc. beyond what is permitted under this agreement.

THE DUTY OF THE LICENSEE TO INFORM

Section 16
The licensee shall undertake to ensure that employees and other persons who are entitled to produce or use reproductions under this agreement are informed of the provisions of the agreement.

PAYMENT

Section 17
Upon the conclusion of this agreement, the size of the payment shall be set according to the size of the enterprise and the reproduction activity, by completing the form prepared by Kopinor.

Section 18
Kopinor shall adjust the payment annually on 31 December, in accordance with changes in Statistics Norway’s consumer price index or any consumer price index which replaces it. The adjustment shall be based on the change in the consumer price index between 15 October of the previous year and 15 October of the current year, and be calculated correspondingly for future years. After adjustment, the payment per reproduced page shall be rounded to the nearest tenth of a Norwegian øre.

Section 19
Changes in the size of the enterprise and/or the reproduction activity (see section 17), shall be reported to Kopinor before the end of the year.

Section 20
Payment shall be made for one calendar year at a time. The first payment shall fall due at the time the agreement is concluded, and shall thereafter fall due in advance on 31 January. Kopinor shall send an invoice.

STATISTICAL SURVEYS

Section 21
Kopinor shall be entitled to survey the licensee’s reproduction activities to establish the size of the licensee’s chargeable copying volume. Such surveys are also intended to provide a reasonable basis for the distribution of funds between the rightsholders represented by Kopinor.

Section 22
Any survey shall be undertaken using an independent statistical consultancy. Kopinor shall cover the costs of using an independent statistical consultancy. The licensee shall be obliged to support such surveys.

Section 23
Kopinor shall ensure that information about the licensee’s lawful reproduction activities is kept confidential. However, it shall be permitted to pass on the information in anonymised form as a basis for payment or the distribution of reproduction payments.

BREACH AND COMPENSATION

Section 24
In the event of a breach of this agreement, a correction deadline of 30 days from receipt of a written notice of breach shall apply.

Section 25
If a party commits a material breach of this agreement, and the matter is not corrected in accordance with section 24, the other party shall be entitled to cancel the agreement with immediate effect. Cancellation shall be declared in writing, specifying the grounds for cancellation. Compensation for breach may be claimed regardless of whether or not the agreement is cancelled.

Section 26
This agreement shall not constitute a waiver by the rightsholders of their right to claim compensation from and initiate legal proceedings against the licensee in connection with reproduction which is not permitted under this agreement. If the licensee has complied with Kopinor’s requirements, Kopinor shall be obliged to settle the rightsholders’ claims in respect of the exploitation in question.

Section 27
If this agreement is cancelled or terminated, the licensee shall cease all reproduction of protected material which is not permitted by law or under a separate agreement with rightsholders, as of the expiry of the termination deadline or the cancellation date.

MISCELLANEOUS PROVISIONS

Section 28
Kopinor shall be obliged to settle any claims for payment or compensation which the licensee may receive from Norwegian or foreign rightsholders, provided that the claims relate to reproduction which has been paid for and undertaken in accordance with the provisions of this agreement (see also section 37 of the Copyright Act). The licensee shall not be obliged to settle such claims, and Kopinor shall indemnify the licensee against any claim for costs made against the licensee in connection with such a claim.

If a claim is received, the licensee shall reject the claim and refer the claimant to Kopinor. Claims shall not be settled until Kopinor has been consulted. Kopinor shall be entitled to intervene in any dispute relating to the claim.

Section 29
The parties shall be entitled to make this agreement public.

Section 30
If new legislative provisions are adopted during the agreement period that relate to the rules governing the reproduction of protected material, they shall apply to the extent that they do not conflict with this agreement.

DISPUTE RESOLUTION

Section 31
The parties shall adopt Oslo as the correct legal venue for all disputes based on this agreement (see section 4-6 of the Dispute Act).

DURATION OF THE AGREEMENT

Section 32
This agreement shall cover reproduction during the current calendar year. If the agreement is not terminated at least three – 3 – months prior to the end of the calendar year, the agreement shall apply for one additional year at a time, with the same termination deadline.

Two – 2 – copies of this agreement have been prepared, of which each party shall retain one.