PRIVATE COPYING

Private Copying

Copying for private use

In copyright terms, we talk about copying, or making reproductions of, intellectual property for private use within the private sphere. Works that have been bought or legally acquired may be shared with friends and relatives.

This type of copying is legal, but the rightholders should be compensated for such use.

Limitations to exclusive rights

The exclusive rights that creators have to their own intellectual property, allows them to prohibit others from making copies of their work. Norwegian authorities have, however, weighed this right against general considerations regarding the dissemination of cultural expressions and access to the works. People are therefore allowed to make copies for private use without first requesting the rightholder’s permission and without having to pay remuneration.

Compensation for making copies for private use, (private copying remuneration), recompenses the rightholders in a way that is intended as restitution for allowing private individuals to make copies of their work in private and family contexts.

Private copying is nothing new

Private copying in Norway has been regulated by the Norwegian Copyright Act since 1930. The clause stating that the creators of intellectual property are entitled to compensation for legal private copying, was introduced to the Copyright Act in 2005.

Compensation through the national budget

The compensation is allocated through the Norwegian national budget. Norwaco distributes the given amount to its member organisations and to rightholders in the European Economic Area (EEA).

The national budget for 2012 has allocated NOK 42.4 million as compensation for private copying (preliminary).