Photocopying agreement universities and colleges 1998-2002

Model agreement between the Norwegian Council of Colleges and the Norwegian Council of Universities* on the one hand and Kopinor on the other hand, concluded on 18 September 1998, with changes to §§ 12 and 15 agreed to on 6 November 1998.

Agreement

concerning photocopying and similar reproduction of copyright material at universities and colleges for the period 1 October 1998 through 30 June 2002

between .........................................................................
[name of college/university] (hereafter called the institution)

on the one hand

and

Kopinor

on behalf of
The Association of Norwegian Editors, The Association of Norwegian Visual Artists, GRAFILL (The Norwegian Association of Graphic Designers and Illustrators), NOPA (Norwegian Society of Composers and Lyricists), The Norwegian Association of Craftsmen, The Norwegian Association of Fine Arts Photographers, The Norwegian Association of Literary Translators, The Norwegian Association of Professional Photographers, The Norwegian Authors' Union, The Norwegian League of Critics, The Norwegian Magazine Publishers' Association, The Norwegian Music Publishers' Association, The Norwegian Newspaper Publishers' Association, The Norwegian Non-fiction Writers' and Translators’ Association, Norwegian Playwrights' Association, The Norwegian Publishers' Association, Norwegian Society of Composers, The Norwegian Specialized Press Association, The Norwegian Union of Journalists, Norwegian Writers for Children and Juveniles, "Ny Musikk" Composers' Group, and foreign organizations of rightsholders

on the other hand.

CHAPTER 1 SCOPE OF THE AGREEMENT

§ 1

This agreement applies to reproduction of protected material from publications that is carried out for use in the operations of the institution including reproductions made for use in teaching, research and administrative tasks, and reproductions made in connection with the institution’s educational programs.

The agreement imposes no limitations on the reproduction licenses accorded directly by law, including i.a., the right pursuant to Act no. 2 of 12 May 1961 relating to Copyright in literary, scientific and artistic works etc. (the Copyrigt Act) § 12 to make single copies for private use when this is not done for gain, and the right of libraries to make copies in accordance with regulations under the Copyright Act § 16.

Reproduction carried out under a direct agreement with an author or a publisher, or their representative, is not covered by this agreement.

§ 2

Subject to the conditions stipulated in this agreement, the institution is by virtue of this agreement granted a license for reproduction of protected material from Norwegian and foreign publications. Under the agreement, this license applies in relation to Norwegian and foreign authors, photographers, catalogue makers and publishers who are represented by Kopinor. From the agreement ensues also that reproduction license by which other authors, photographers, producers of catalogues and publishers are bound by virtue of Kopinor having entered into the agreement (see the Copyright Act §§ 13 and 14, cf. § 36; and references to these sections in §§ 43 and 43a, as well as provisions regulating competition).

The license granted covers only reproduction onto paper, transparencies, and slides (cf. § 4, subsect. 3).

CHAPTER 2 CREDITING OF AUTHORS BY NAME, ETC.

§ 3

On reproductions made in accordance with this agreement, the author or photographer must be credited by name when the name is known, and the source and title of the work must always be stated (also see the Copyright Act § 3, § 43a, subsect. 3, and § 11). The source may be cited by ISBN-, ISMN-, or ISSN-number.

For slides, transparencies and other material for projection, the same information must accompany each copy of the material, so that the information can be communicated when the material is shown.

CHAPTER 3 DEFINITIONS

(Defined terms are italicized in the text.)

§ 4

In this agreement protected material means literary, scientific and artistic works (cf. the Copyright Act § 1), photographic pictures (cf. the Copyright Act § 43a), and materials that are protected under the Copyright Act § 43 (catalogues, etc.). The agreement thus applies to reproduction of published material in the form of writings; drawings and graphic works of an artistic, scientific or technical nature; maps; pictures of paintings, sculpture and other visual art, architectural works and articles of artistic crafts or applied art (models as well as the works themselves); musical scores with or without texts; photographic works and pictures; and also forms, tables, catalogues and similar materials that compile a substantial number of items of information or that are otherwise protected under the Copyright Act § 43. Works such as legal statutes, regulations, and court decisions are not protected under the Copyright Act (see § 9), and thus may be reproduced freely and without regard to this agreement. Nor does the agreement in any way limit the right to reproduce works within the scope of the Copyright Act § 26.

In this agreement a publication means a copy of such protected material as is considered under the Copyright Act § 8, subsect. 2 as having been published; meaning that copies of the material have been brought on to the market or have otherwise been distributed to the public with the consent of the author, the photographer, or the catalogue producer respectively, and including 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. Likewise, material produced by an author and distributed to students by that author is considered a publication. For the purposes of this agreement, offprints of a publication which are available through ordinary channels are always regarded as publications in their own right.

In this agreement reproduction means the making of copies by means of photographic, xerographic, digital or similar methods, including printers and telefax machines in transmission mode, but refers only to copying onto paper and transparencies or slides (see § 2, subsect. 2). This includes the making of masters for stenciling, the making of copies by means of tracing or transcribing, printing out from electronic information storage systems (to the extent that Kopinor shall consent to such printing out), stenciling, offset, etc., and the making of copies on microfiche and similar media, but not other photographic imaging processes. As part of the technical process of making paper copies, transparencies or slides for an end user, digital copies may be made, but this agreement does not allow that such copies be used or made available in digital form, whether by means of electronic display on screens; transmission via local or external networks, including via e-mail; or storage in electronic information systems or on diskette, CD-ROM, or similar media. This agreement does not authorize the making of other digital copies.

In this agreement a reproduction means any copy made by any method listed in the definition of reproduction.

A reproduced page means a reproduction no larger than A4 size, while reproductions in A3 format count as two reproduced pages, etc. If two or more book pages, two or more pages from journals, or two or more press clippings fit on a single A4 page, then each book page, journal page, or press clipping counts as one reproduced page.

A press clipping means material from serial publications; however, this does not include material from learned journals.

Cost to the institution means the actual costs for paper and toner, as well as costs for purchase/lease of photocopiers, service, wages/salaries, depreciation on investments and other possible costs incurred in running photocopiers. For that portion of the material which is subject to payment of remuneration under this agreement, the remuneration may be included in the price the institution charges end users for reproductions (cf. § 19, subsect. 4).

CHAPTER 4 WHO MAY MAKE REPRODUCTIONS?

§ 5

Subject to the limitations stipulated in this agreement, reproduction of protected material may be carried out by employees of the institution, students, members of the institution's committees, boards and other governing or advisory bodies, as well as by others directly connected to the institution. Under this agreement, the institution’s students have no autonomous right to reproduce protected material beyond that right which is accorded by law (cf. § 1, subsect. 2 of the agreement).

CHAPTER 5 WHERE MAY REPRODUCTIONS BE MADE?

§ 6

Reproduction of protected material shall be carried out by means of equipment that the institution owns, leases, or otherwise by contract has at its disposal. Notwithstanding, the institution may have the reproduction carried out outside the institution when the institution does not have reproduction equipment, when this is necessary for technical or economic reasons or because of a lack of sufficient capacity, or when the party who undertakes the reproduction has an agreement with Kopinor.

CHAPTER 6 HOW MAY REPRODUCTIONS BE USED?

§ 7

Reproduction of protected material may not be carried out in order to substitute for copies produced by a publisher or for copies of other published material that are commonly available for purchase from sales outlets, publishers, or similar parties, and which it would otherwise be natural for the user to obtain.

§ 8

Reproduction of protected material shall be carried out only for the purpose of use in the institution's educational activities and for internal use in research and administration at the institution.

Internal use includes employees supplying reproductions to colleagues at collaborating educational institutions, or to coordinating bodies at such institutions for use by those bodies.

Necessary reproductions may be made for distribution to external parties when this is done as part of the processing of official business, as part of commissioned research, or when those receiving the reproductions are contractual parties.

Press clippings and collections of press clippings that are reproduced in accordance with this agreement may be used for distribution to outside contacts when the reproductions contain information about the institution’s operations or on current issues relevant to its operations and the reproductions are provided free of charge to the recipient.

§ 9

This agreement does not grant a license for reproduction of protected material having the character of a publishing activity, even if it is carried out solely for the institution's employees, students, et al. This provision does not prevent the institution from producing course packs, for use by students in their current studies or courses, that include material (compilations of copies, collections of articles, etc.) that consists in whole or in part of material prepared in accordance with this agreement (cf. § 18). For such course packs, the provisions in § 19 apply.

The production of copies for use as handouts or for other forms of distribution to the public -- including to students other than those who are participants in the programs of study for which the material has been developed -- shall always be considered a publishing activity.

§ 10

Articles or course packs (compilations of copies, collections of articles, etc.) that include material that has been reproduced in accordance with this agreement may not be recovered for repeated use, lending out, or renting out, not even for exclusively internal use within the institution.

Course packs that include protected material (compilations of copies, collections of articles, etc.) must be marked so as to show which parts of them have been produced under an agreement with Kopinor, and so as to make clear that the course packs may not be lent or transferred.

§ 11

Works of visual art and photographic pictures may be reproduced only from already existing reproductions in books, periodicals, or similar printed matter.

This agreement does not grant a right to illustrate original texts or texts written by others with photographs, drawings, or similar images reproduced from publications when the originals of the illustrations can easily be obtained from the illustrators, from picture archives, or from similar sources. This provision does not limit the right to reproduction (quotation) accorded by the Copyright Act §§ 22–24 (cf. § 1, subsect. 2 of this agreement).

§ 12

Under this agreement it is not permitted to reproduce musical scores (regardless of the form in which they were published) for use at public performances that are not part of educational activities, or for use by organized choirs, bands, ensembles and orchestras, that are not integrated in the educational activities. (Also see § 15.)

CHAPTER 7 EXTENT OF REPRODUCTION

§ 13

For each employee, student, etc. reproduction from a single book or similar publication is limited to 15% of the total number of pages. However, an entire chapter or similar unit, an entire short story, or an entire scene of a play may be reproduced from one and the same publication. (Re musical scores, see § 15.)

The extent of reproduction from a single book or similar publication that is no longer available commercially or directly from the publisher is limited in corresponding fashion to 30%. Before the right to reproduction beyond the limits set forth in subsect. 1 is exercised, the institution must write to the publisher and satisfy itself that the particular publication cannot be obtained within a reasonable time by means of publishing on demand or a similar method. (Also see § 17.)

§ 14

The limitations set forth in § 13 do not apply to reproduction from periodical publications, such as newspapers, weekly periodicals, cultural, learned or professional journals, etc., nor to reproduction from brochures or other publications intended for distribution free of charge.

Nonetheless, reproduction from any single issue of a learned journal is limited to two articles for any given end user per year, and must in no case exceed 25% of the total number of pages in that issue of the journal.

§ 15

The extent of reproduction from sheet music (a score or similar publication of a single musical work) and from collections of sheet music (collections of the scores of two or more musical works) is limited to 15%, but with a maximum of 10 pages from each separate publication. However, it is permitted to reproduce one whole movement or similar segment from sheet music for use in instruction in music theory.

If the institution should need to make reproductions beyond the limits specified in subsect. 1, for example, to obtain reproductions of a single movement or similar segment for some use other than instruction in music theory, or when supplementary sheet music for choral and orchestral works cannot be leased or the published musical score is no longer available commercially, Kopinor's clearance service will assist in obtaining permission to make the reproductions (see § 17).

§ 16

The limits specified in §§ 13 – 15 do not apply to the making of copies for use in examinations (group tests, final exams, etc.).

§ 17

If the institution should need to make copies of protected material beyond the limits permitted by this agreement, or should need to make digital copies (see § 4, subsect. 3), the institution is advised to contact Kopinor’s clearance service, which undertakes to exert its best effort to assist in obtaining permission from the author, the photographer (when applicable), and the publisher. If an agreement on clearing of rights must be entered into directly between the end user and the rightsholder(s) or their representative, Kopinor will assist in arriving at such an agreement if one of the parties wishes it to do so.

CHAPTER 8 THE INSTITUTION’S RESPONSIBILITY FOR MAKING REPRODUCTIONS

§ 18

The institution is obligated to make required readings and other necessary instructional material available to students in the form of reproductions when such material either comprises such a small portion of a publication that reproduction is the obvious alternative, or if the book, journal, etc. is sold out from the publisher and to an insufficient extent is available from the institution's library or in the specific circumstances it is impractical for the students to rely on borrowing the publication from the library. Reproduction of protected material may only be carried out within the framework of this agreement.

§ 19

With regard to the institution'sreproduction of course packs referred to in § 9 and the reproduction referred to in § 18, the institution must itself carry out the reproduction and distribute the reproductions, and may neither leave it to students or others to organize these activities on their own, nor allow students to order reproductions from the library. With regard to libraries’ option to supply reproductions instead of lending, see § 1, subsect. 2 of this agreement.

The distribution of reproductions may be carried out in connection with relevant lectures, seminars and similar sessions, or from faculties, departments, and institutes or a central distribution facility at the institution. The institution may contract with others for centralized distribution on behalf of the institution, in its name and at its expense.

The institution shall take care that the above-mentioned material is distributed only to students participating in the courses of study for which the material has been developed, and is not made accessible to the general public.

If students are to be charged for the distributed material, it is assumed that the institution will establish a closely regulated system for payment. Kopinor has the right to ensure that students’ payments do not exceed the cost to the institution plus Kopinor’s fee for reproduction.

CHAPTER 9 THE OBLIGATION TO GIVE NOTICE AND PROVIDE INFORMATION

§ 20

Kopinor undertakes to supply the institution with information materials about this agreement.

§ 21

The institution undertakes to ensure that its employees and others who carry out reproduction or make use of reproductions under this agreement are informed of the provisions of the agreement. General information materials produced about this agreement by the institution shall be sent to Kopinor on an ongoing basis.

The institution shall assign one person administrative responsibility for this agreement and shall at all times keep Kopinor informed of who this person is.

If the institution changes its address, notice must be sent to Kopinor in writing.

CHAPTER 10 REMUNERATION

§ 22

The institution undertakes to pay remuneration to Kopinor for reproductions that are subject to payment under the terms of this agreement, and to adhere to the following provisions in doing so.

Using as a basis for calculation the statistical survey carried out by the Central Bureau of Statistics in 1997 at the commission of Kopinor and the Ministry of Church, Education and Research, and after making deductions for, among other things, reproductions that are assumed to be permitted by law, the institution shall pay remuneration in 1998 as follows:

Note: The volume of reproduction subject to payment is calculated as follows: deductions are made from the total number of copies of protected material to take account of spoiled copies and copies that, because of the type of material or the use to which they will be put, may be made freely under the terms of the Copyright Act.

As a basis for invoicing the state-owned institutions, Kopinor will use the most recent available figures for employees and students from the Norwegian Social Sciences Data Service, as these are listed in the Database for Statistics on Higher Education (the DBH-database). For institutions not owned by the state, Kopinor will invoice on the basis of submitted, audited figures for employees and students. Such figures shall be received by Kopinor for the first time when this agreement is entered into, and thereafter by 1 March and 1 September of each year.

Except for the condition specified in § 19, subsect. 4, it is of no concern to Kopinor how the institution collects payment for students’ reproductions and for reproductions made in the course of commissioned research.

§ 23

The basis for the remuneration amounts listed in § 22 is a fee per reproduced page of 34.5 øre in 1998. For the coming years in the period covered by the agreement, the fee per reproduced page will be adjusted by Kopinor in accordance with changes in the Consumer Price Index of the Central Bureau of Statistics or any Consumer Price Index that replaces it. The amounts per person shall be adjusted in a corresponding fashion.

The adjustment shall be made on the basis of the change in the Consumer Price Index from 15 October of the preceding year to 15 October of the current year, and in a corresponding fashion in future years. The fee per reproduced page shall be rounded off after the adjustment to the nearest tenth of an øre.

Kopinor will inform the institution of each year’s fee per reproduced page and amount per person as soon as these are calculated.

§ 24

Kopinor will invoice each institution twice a year, normally as of 1 April and 1 October, in equal installments. For the fourth quarter of 1998, the invoice will be as of 1 December 1998.

CHAPTER 11 SPECIAL AGREEMENT

§ 25

The institution has the right to enter into an agreement with Kopinor, to take effect no sooner than 1 January 2000, which would provide that the payment due for course packs of material (collections of copies, collections of articles, etc.) distributed to students according to the rules in § 19 of this agreement be calculated and made by the institution at the time of production on the basis of the volume of the material. A request for such an agreement may not be put forward until after 1 May 1999.

The payment due for course packs containing protected material will be calculated on the basis of each year’s fee per reproduced page (see § 23), and per reproduction in A-4 size or smaller, while reproductions in A3 format count as two reproduced pages, etc. If two or more book pages, two or more pages from journals, or two or more press clippings fit on a single A4 page, then each book page, journal page, or press clipping counts as one reproduced page for purposes of payment.

Accounts for such payment shall be calculated as at 30 June and 31 December of each year, and must be both rendered to Kopinor and settled by payment within 30 days of these dates.

The accounts rendered shall include, for each work, the number of pages that have been reproduced under this agreement, the number of copies made, the name of the author, and, as the case may be, the name of the photographer, when this is known, and the title of the work. In addition, the title of the publication, the name of the publisher, and the year of publication shall be supplied (or, alternatively, the ISBN-, ISSN-, or ISMN-number). Kopinor shall be enabled and entitled to check the accuracy of the accounts, with the help of its own employees or other parties it may authorize.

Kopinor is required to enter into such a special agreement once routines are established for carrying it out.

Kopinor has the right to terminate such a special agreement with three months’ notice. Upon receipt of such notice, the institution has the right to terminate this agreement in its entirety with three months’ notice. Termination in either case must be done in writing and for reasonable grounds only.

During the period covered by this agreement, payment for all other reproductions will be made in accordance with § 24 and on the basis of the following 1998 prices, which will be adjusted as specified in § 23:

Note: The annual amount per student covers reproductions subject to payment, except for those produced for sale (cf. § 25, subsect. 1); that is, the amount covers reproductions handed out at lectures and on similar occasions.

CHAPTER 12 STATISTICAL SURVEYS

§ 26

In the course of 2000/ 2001 the institution and Kopinor will have a statistical survey carried out to map the extent of the reproduction of protected material.

The surveys will give Kopinor a basis for distributing monies among domestic and foreign rightsholders, and will give the institution and Kopinor the best possible understanding of the situation with regard to reproduction, to be used in negotiations about payment in the next period covered by agreement.

§ 27

The survey, which shall satisfy professional statistical criteria and shall be carried out by an independent statistical analyst, will measure the extent of reproduction onto both paper and transparencies/ slides over the course of a whole year. Breakdowns of the data should be by type of institution, type of department or other types of enteties.

Each survey shall provide figures as to the total volume of consumption of reproductions used and for the share thereof of published, protected material, and shall map other particulars that are relevant for determining the portion subject to payment. This portion is not to include reproductions of protected material made pursuant to requisite permission through other agreements.

By 30 June 1999, a joint committee on statistics shall be appointed, on which Kopinor and the institutions that have entered into an agreement based on the model agreement shall be represented. The committee shall set aside time for planning, invitation for tenders, the gathering of baseline data, and possible pilot surveys. The committee may appoint consultative bodies. In the course of 2000/2001, the survey proper shall be carried out.

The institution agrees that the Norwegian Council of Colleges (NCC) and the Norwegian Council of Universities (NCU) will, on behalf of the institution, appoint to the committee representatives for the colleges and the universities, respectively. Any institution that is a member of NCC or NCU shall take the initiative towards making such an appointment, and undertakes to nominate and send a representative to the committee upon request from the council. The councils may also appoint representatives for colleges not owned by the state if such colleges make nominations. Costs attached to participation in the committee are to be covered by the participating institution.

The statistical survey shall moreover be carried out in the manner, and at those institutions, that the joint committee on statistics decides on in accordance with the advice of the statistical analyst. The results shall be considered by the committee and made public by the statistical analyst no later than 31 December 2001.

Kopinor on the one hand and those institutions that have entered into agreements based on the model agreement on the other hand will share the charges to the statistical analyst fifty-fifty. However, the total portion paid by institutions that are members of NCC or NCU may not exceed NOK 1,000,000. To cover the institutions’ portion, as of 31 May 1999 Kopinor will invoice each institution that is a member of NCC or NCU for its proportional share as determined from the councils’ tables for sharing of costs. If the entire amount collected is not used, the committee on statistics may elect that the remainder be either paid back or set aside to be applied for similar surveys in the future.

§ 28

If an institution is chosen for participation in a survey, it is obliged to assist in carrying it out by, among other actions, directing its employees and others affected by the survey to follow faithfully the instructions of the statistical analyst.

The cost of working time required of an institution's employees, committee members and others affected by a survey, as well as the cost of extra reproductions made in connection with the survey, shall be borne by the institution.

§ 29

The institution and Kopinor undertake to treat as confidential all information about lawful reproduction carried out at the institution. However, statistics from which all identifying information has been removed may be conveyed to others to show the basis for payment and for distribution of payments for reproduction.

Kopinor will distribute payments received from the institution for reproduction to Norwegian and foreign rightsholders, individually or through organizations or their trust funds (cf. the Copyright Act § 37). How the payments are distributed is of no concern to the institution.

CHAPTER 13 VIOLATIONS AND COMPENSATION

§ 30

In the event of a breach or non-performance of this agreement, the term for correcting the violation is 90 days, starting from the date when written notice sent via registered mail is received by Kopinor’s executive director or the institution's chief administrative officer.

If the violation committed by a party to the agreement is substantial and the situation is not corrected within the term specified in subsect. 1, the other party may cancel the agreement, with immediate effect. Cancellation and the reason for it must be declared in writing. Compensation for violations may be claimed regardless of whether the agreement is cancelled.

§ 31

The institution is not liable for damages incurred through reproduction carried out by its employees or others in violation of this agreement, except to the extent such liability may arise from § 2-1 of the Act Relating to Damages for Torts of 13 June 1969 No. 26; but in no case shall the institution be held responsible for reproduction carried out by employees and others in violation of guidelines that the institution has provided in accordance with § 21.

CHAPTER 14 OTHER PROVISIONS

§ 32

Kopinor is required to cover any claims for payment or compensation that the institution may receive from Norwegian or foreign rightsholders, to the extent that the claims concern reproduction that has been paid for and carried out in accordance with the provisions of this agreement. The institution is not required to cover such claims, and Kopinor shall hold the institution indemnified from such claims, and from costs incurred by the institution in connection therewith. If such a claim is received, the institution must immediately reject it and refer it to Kopinor. The institution must not pay a claim unless advised to do so by Kopinor. In the case of a court dispute about a claim, Kopinor has the right to intervene.

§ 33

The institution accepts that Kopinor, on behalf of the rightsholders Kopinor represents, may claim compensation and may file suit in the event of reproduction of protected material that is not permitted by law or by agreement. However, the rightsholders have not renounced their right to claim compensation and file suits themselves against the institution in the event of reproduction of protected material that is not permitted under this agreement. If the institution has compensated Kopinor, Kopinor is then obligated to compensate rightsholders in the event they claim compensation for the same use.

§ 34

The institution and Kopinor have the right to make public that this agreement has been entered into.

§ 35

Subject to advance notice, Kopinor may visit the institution to obtain information about its routines for reproduction and thereby obtain knowledge of how the provisions of this agreement are carried out in practice.

CHAPTER 15 MEDIATION AND RESOLUTION OF DISPUTES

§ 36

If negotiations on concluding, extending or renegotiating the agreement do not lead to agreement between the parties, either the institution or Kopinor may demand mediation under the Copyright Act § 38.

§ 37

If disputes arise between Kopinor and the institution regarding the interpretation or continuance of the agreement, violations of the agreement, or claims that are otherwise based on the agreement, the parties shall first attempt to settle them through negotiation. If negotiations between Kopinor and the institution do not settle the matter within 60 days from when the negotiations were requested, either of the parties may demand that the dispute be decided by arbitration under the provisions of the Civil Procedures Act Chapter 32. If the parties cannot agree on a chairman, he or she shall be appointed by the Chairman of the Norwegian Bar Association.

CHAPTER 16 DURATION AND EXPIRATION OF THIS AGREEMENT, AND NEGOTIATION OF A NEW AGREEMENT

§ 38

This agreement covers the period from 1 October 1998 through 30 June 2002. Six months before the expiry of the agreement, Kopinor shall give the institution written notice of the upcoming expiry.

§ 39

Upon termination of this agreement, the institution is required to make every effort to ensure the cessation of all reproduction of protected material that is not permitted by law or separate agreement with the rightsholder.

§ 40

The institution agrees that the Norwegian Council of Colleges (NCC) and the Norwegian Council of Universities (NCU) will, on behalf of the institution, appoint representatives for the colleges and the universities, respectively, to a committee that will negotiate with a view toward concluding a new agreement on reproduction. Any institution that is a member of NCC or NCU shall take the initiative within the council that such appointments are made by 30 June 2001, and undertakes to nominate and send a representative to the committee upon request from the council. The councils may also appoint representatives for colleges not owned by the state if such colleges make nominations.

CHAPTER 17 SPECIAL CONDITIONS

.....

This agreement has been executed in 2 (two) copies, of which each party retains one.