What is Sámikopiija
Contact
Traditional knowledge and copyright
Bye-laws
Member organisations
Agreement Kopinor-Sámikopiija
Archive
Administration
Norsk 
Print!
Agreement Kopinor-Sámikopiija

RECIPROCAL AGREEMENT

Between SÁMIKOPIIJA, which represents the photocopying rights of authors, photographers and publishers who are citizens of, reside in or have their place of business in Norway, Sweden, Finland or Russia, and who are members of one of the following organisations:

Sámi Dáiddacehpiid Searvi (SDS)

The Saami Artists Association

Sámi Girjecálliid Searvi (SGS)

The Saami Authors’ Union

Sámi Fágalaš Girjecálliid ja Jorgaleaddjiid Searvi (SFS)

The Saami Non-Fiction Writers’ and Translators’ Association

Sámi Teahter Searvi (STS)

The Saami Theatre Association

Sámi Lágádusaid ja Áviisaalmmuhan Searvi (SÁLAS)

The Saami Publishing and Newspaper Association

on the one hand
and

Kopinor, which represents the photocopying rights of authors, photographers and publishers who are citizens of, reside in or have their place of business in Norway, and who are members of one of the following organisations:

Den Norske Fagpresses Forening

The Norwegian Specialized Press Association

Den Norske Forfatterforening

The Norwegian Authors’ Union

Den Norske Forleggerforening

The Norwegian Union of Publishers

Forbundet Frie Fotografer

Association of the Norwegian Fine Art Photographers

Grafill

Norwegian Organisation for Visual Communication

Norges Fotografforbund

Norwegian Photographers’ Union

Norsk faglitterær forfatter- og oversetterforening

Norwegian Non-Fiction Writers and Translators

Association

Norsk Journalistlag

Norwegian Union of Journalists

Norsk Komponistforening

Norwegian Society of Composers

Norsk Litteraturkritikerlag

Association of Norwegian Literary Critics

Norsk Musikkforleggerforening

Norwegian Music Publishers’ Association

Norsk Oversetterforening

Norwegian Association of Literary Translators

Norsk Redaktørforening

Association of Norwegian Editors

Norsk Ukepresse

Norwegian Weekly Press

Norske Avisers Landsforening

Norwegian Media Businesses’ Association

(formerly Norwegian Newspaper Publishers’ Association)

Norske Billedkunstnere

Norwegian Professional Artists` Organization

Norske Dramatikeres Forbund

Norwegian Playwrights’ Association

Norske Kunsthåndverkere

Norwegian Association of Arts and Crafts

NOPA (Norske Populærautorer)

Norwegian Society of Composers and Lyricists

Ny Musikks komponistgruppe

New Music Composers’ Group

Ungdomslitteraturens Forfatterlag

Norwegian Writers for Children and Juveniles

on the other hand,

have on this date entered into the following agreement:

1. On behalf of authors, photographers and publishers who Sámikopiija represents, Sámikopiija hereby authorises Kopinor to enter into agreements for consent to and for remuneration for photocopying in Norway.

As used herein, photocopying refers to reproduction of copies accomplished with the help of photographic, Xerographic or similar methods, and includes production of and duplication from masters for stencils, offset, etc., as well as drawings or transcripts from published publications, including from printouts from databases, when the duplication does not have the character of a publishing activity. Copying from original photographs and original graphics/arts/prints, etc. is not included.

2. On behalf of authors, photographers and publishers who Sámikopiija represents, Sámikopiija hereby authorises Kopinor to enter into agreements for consent to and for remuneration for photocopying in the Saami core activities in Norway if Kopinor has not itself entered into or in the future enters into such agreement. Before entering into such agreements, Sámikopiija shall in each individual case clarify division of work with Kopinor and potential collaboration if formation of a contract is agreed upon.

As used herein, photocopying refers to reproduction of copies accomplished with the help of photographic, Xerographic or similar methods, and includes production of and duplication from masters for stencils, offset, etc., as well as drawings or transcripts from published publications, including from printouts from databases, when the duplication does not have the character of a publishing activity. Copying from original photographs and original graphics/arts/prints, etc. is not included.

3. Sámikopiija hereby undertakes by this agreement to manage the distribution to Saami rightsholders of remuneration that Kopinor receives for photocopying of Saami works published in Saami.

At distribution, Sámikopiija shall be obligated to use as a basis the information as regards copying from respective source and works categories that Kopinor makes available, but is otherwise free as regards the distribution as long as assignments from Kopinor do not give grounds for an individual distribution to the rightsholders concerned.

To the extent Sámikopiija chooses to use the distribution formulas that apply in Kopinor between rightsholder groups, Kopinor shall also make such information available.

4. Kopinor hereby undertakes by this agreement to manage the distribution to Norwegian rightsholders of funds that Sámikopiija receives for photocopying and that are due to the rightsholders Kopinor represents.

At distribution, Kopinor shall be obligated to use as a basis the information as regards copying from respective source and works categories that Sámikopiija makes available, but is otherwise free as regards distribution as long as assignments from Sámikopiija do not give grounds for an individual distribution to the rightsholders concerned.

5. Remuneration that Sámikopiija shall disburse to Sámikopiija’s rightsholders in accordance with Article 3 shall be disbursed from Kopinor to Sámikopiija once a year. The amount of the remuneration shall be determined on the basis of statistical studies and by application of the distribution standards that apply for remuneration for copying of Norwegian works and publications.

Disbursement of remuneration shall be made by the end of June in the first year after the year when the disbursement of the corresponding share of remuneration to Kopinor’s rightsholders within the field was finally determined. Kopinor shall, no later than simultaneously with the disbursement, account in writing for the calculation and disbursement of the remuneration according to the standards that are used on disbursement to Kopinor’s rightsholders of remuneration earned in Norway. The remuneration shall be paid in Norwegian kroner (NOK).

6. Remuneration that Sámikopiija shall disburse to rightsholders Kopinor represents in accordance with Article 4 shall be disbursed to Kopinor. The amount of the remuneration shall be determined on the basis of statistical studies and by application of the distribution standards that apply for remuneration for copying of the works and publications Sámikopiija represents.

Disbursement of remuneration shall be made by the end of June in the first year after the year when the disbursement of the corresponding share of remuneration within the field was finally determined by Sámikopiija. Sámikopiija shall, no later than simultaneously with the disbursement, account in writing for the calculation and disbursement of the remuneration according to the standards that are used on disbursement to the rightsholders Sámikopiija represents. The remuneration shall be paid in Norwegian kroner (NOK).

7. In calculating remuneration for disbursement in accordance with Articles 5 and 6, deduction may be made for administrative costs according to the same standards and of the same relative size as is done in the remuneration paid to one’s own rightsholders for photocopying in the relevant area of the agreement in the organisation’s field of activity in the same period.

The remuneration after deductions for administrative costs as mentioned above shall be disbursed including interest, calculated in the same manner as for the remuneration to one’s own rightsholders.

The organisations are entitled to make such deductions and subtractions to which they are entitled in accordance with fiscal legislation. The parties are obligated to assist each other with information or make such enquiries themselves to the tax authorities as are necessary to ensure that the remuneration is paid without deductions for tax.

8. Each of the parties is obligated to treat information they receive from the other party regarding calculation and distribution of the remuneration confidentially and only pass on such information as confidential to the member organisations or rightsholders the information directly concerns. This decision does not imply any limitation of the parties’ rights to publicise statistical material and remuneration distribution where individual persons and businesses cannot be identified.

9. With the limitations that are an express consequence of this agreement, the parties are obligated upon entering into photocopying agreements and upon collection of remuneration to enforce the rights of the rightsholders that they represent on behalf of the other party to the same extent and in the same manner as the rights of the rightsholders that the organisation itself represents through its member organisations.

This obligation also applies upon stipulation of terms of agreements, remuneration and distribution, as well as collection of information by statistical studies or in other ways that form a basis for remuneration distribution between rightsholder categories or individually.

The parties agree that the present agreement does not otherwise imply any limitation of the rights and duties of each of the parties in accordance with decisions regarding extended contract licences or compulsory licences, including the obligation to pay remuneration to rightsholders who are not members with the party that is collecting remuneration.

10. If one of the parties is obligated to make an individual disbursement of remuneration to a rightsholder pursuant to a claim relating to remuneration that shall be paid or has been paid to the other party in accordance with this agreement, the party concerned, upon subsequent disbursement of remuneration derived from photocopying within the same field, is entitled to make a deduction for the paid out amount and for any special costs associated with the disbursement. Before an individual disbursement as mentioned is agreed, the party concerned shall hand over all relevant material regarding the claim to the other party and give said party the opportunity to make a statement.

That which is decided here also applies in those cases where a contracting party by licence agreement has undertaken to cover individual claims that are submitted to a licensee, whether directly or pursuant to a recourse claim from the licensee.

11. The parties understand and agree that this agreement does not imply any liability that the disbursement obligations that are incumbent on licensees or others who are obligated to pay remuneration for photocopying are complied with.

12. Kopinor shall pay to Sámikopiija remuneration that Kopinor has received for photocopying of Saami works and publications in the school system in Norway after 1 January 1990, which is the date that the supplementary agreement between the Ministry of Education and Research and Kopinor to the school photocopying agreement regarding settlement of remuneration for Saami works came into force. The size of the remuneration shall be determined in accordance with the principles that apply in this agreement, and includes interest and interest on interest. A sum in the amount of NOK 887,265 – of which NOK 757,517 in remuneration and NOK 129,748 in interest – is put at disposal for disbursement to Sámikopiija upon execution of this agreement.

Kopinor is also obligated to negotiate with Sámikopiija about an approximate determination of a share of remuneration for photocopying of Saami works published in Saami in Kopinor’s main areas of the agreement collected after 1 January 1994, for disbursement from Kopinor to Sámikopiija.

13. The parties agree to exchange information about their general activity, which areas are covered by agreement, statistical studies and methods, remuneration received, rele­vant legislation and other conditions that are important for management of photocopying rights. Upon enquiry from one party, the other party is obligated to submit copies of main contracts and model agreements, calculation documents and similar documents that are relevant for the present agreement.

The parties are obligated to notify the other party in case of copyright infringements of which they may become aware and that affect rightsholders who are organised with the other party.

14. To the extent that this agreement in whole or in part should be held invalid or unenforceable by decision of a competent public competition authority, the parties agree that those parts of the agreement that are not directly affected by the decision shall continue in full force and effect between the parties until a new agreement is entered into, unless the relationship between the parties is substantially disrupted as a result thereof.

15. This agreement is in force from 1 January 1994, though such that the terms of the agreement also apply for remuneration that is paid to Sámikopiija in accordance with Article 12 of the present agreement.

This agreement may be terminated in writing with six (6) months notice to the end of a calendar year, with effect for remuneration that is earned in the following or subsequent calendar years, but such that photocopying agreements that are entered into for a fixed period up to five (5) years shall be incorporated by this agreement until the relevant established period is over. Unless otherwise agreed, remuneration earned in accordance with such photocopying agreement shall be in accordance with any new agreement entered into between the parties.

If one of the parties is in serious breach of this agreement, the other party has the right to revoke the agreement with immediate effect, but such that the revoking party shall give the defaulting party a notice of revocation with a one-month deadline to correct the breach. The same applies if one of the parties changes its distribution system and the change involves a serious impairment of the collective administrative rights in relation to the other party’s members.

Termination or revocation of this agreement shall not be deemed to have any effect with regard to the parties’ rights to enter into photocopying agreements and to claim remuneration for photocopying pursuant to statutory provisions regarding extended collective licences, compulsory licences or the like.

16. Disputes concerning the interpretation and execution of this agreement shall be settled in accordance with Norwegian legislation. Disputes shall be settled by arbitration. The composition of the Arbitration Tribunal and the procedural provisions for the arbitration shall be in accordance with Norwegian legislation and practice.

17. This agreement may only be modified by written agreement.

18. The agreement is prepared in 2 – two copies, of which each of the parties retains one copy.

Oslo , 13 April 1994
Sámikopiija
Kopinor