KopinorNews 1998-2

Kopinor News No. 2
Volume 2 Winter 1998
ISSN 1500-0729

SURVEY IN HIGHER EDUCATION:

Students and Staff Copy far more than Expected

In November Statistics Norway published its final report on copying of published, copyright protected material in Norway's universities and colleges. The data, which had been collected in 1997, showed an annual volume of almost 200 million copy-pages.

The survey had been commissioned by The Ministry of Education and Kopinor, at a cost of NOK 1.2 m. (approx. US$ 160 000).

The survey covered the whole tertiary educational system with its approx. 174 000 students and staff of 22 000. Published, copyright material constituted 44.5 % of the total volume of copies made on campus. While 176.9 m copy-pages were made on campus in 1997, students in addition copied 18.7 m pages off campus. (That same year Kopinor received payment for approx. 90 m copy-pages.) There were important variations between different types of institutions:

Statistics Norway's short comments

The consumption of copyright copies of staff showed an average of 1635 copy-pages among teachers and researchers, and 350 copy-pages among other staff.

Staggering losses to rightsholders
Kopinor has estimated the annual losses to rightsholders as a result of the copying in Higher Education in Norway to be a minimum of US$ 20 m, but possibly as high as US$ 35 m.

New method employed
Previously, data collection has been undertaken at the copying machine. This survey employed a new and far more thorough data collection method. 1300 students and 600 staff were asked to retain copies made or received during a certain period. They were thereafter contacted by interviewers from Statistics Norway who registered and analysed the retained copies.

32.6 % foreign material
While a previous survey had showed a far lower total volume of copies of copyright material, it had also shown that 55 % of the copies were made from foreign publications. From this sector 55 % of collected fees, after cost deduction, have therefore over the later years been allocated the foreign rightsholders. The present survey gives a lower figure. Starting in 1999, the foreign portion will be reduced to 32.6 %. The most important countries of origin of copied publications are as follows:

Kopinor has requested a complete English version of the Statistics Norway Report, which will be made available to other RROs.

The next statistical survey within higher education will be carried out during 2000/2001.

NEW MODEL AGREEMENT

Agreement Reached with Universities and Colleges

More than one year of very difficult negotiations between the Norwegian College Council, the Norwegian University Council and Kopinor were brought to a conclusion on November 6.

The new model agreement replaces a model agreement on photocopying etc. of copyright protected material in Norwegian Universities and Colleges negotiated with the Ministry of Education and Research in 1994.

The sheer volume of copies revealed by the survey constituted the main problem in the negotiations. Major issues of contention were: How many of the copies could be regarded as allowed by law ("private copying", quotations etc.) and therefore free? What are the legal obligations of the institutions in regard of copies made by students? How should one deal with printouts from the Internet? On what terms could institutions sell copies to students? How large a portion of a publication should the institutions be allowed to copy?

According to the terms of the new agreement, the main condition that no more than 15 per cent of a book may be copied for one person during one year remains as before. The previous agreement limited the amount of pages copied from a textbook to 25. This restriction has now been lifted. As with fiction, a chapter from a text book, even if it exceeds the 15 per cent limit, may now be copied.

Annual payment per staff member was agreed at NOK 333 (approx. US$ 44), while annual payment for students is NOK 186 in non-scientific colleges (US$ 24) and NOK 291 in universities and research colleges (US$ 38).

The agreement will be running until June 30, 2002. An English translation of the agreement will be made available on Kopinor's web site shortly.

Other Licensing News

New Government Policy
Kopinor has in 1998 felt the full impact of a new government policy: The government is, whenever possible, withdrawing from negotiations with Kopinor and leaving them to others. As mentioned above, the Ministry of Education and Research has been replaced by the Norwegian University Council and the Norwegian College Council as Kopinor's counterpart in negotiations.

On June 30 this year, Kopinor received a letter from the same Ministry, terminating the existing agreements for Primary and Secondary Schools, and for Municipal Music Schools, as of 31 December 1998. The Norwegian Association of Local Authorities has agreed to negotiate for the publicly owned school system in 1999. Kopinor has had to unilaterally extend the previous agreement, with some adjustments, for 1999 - in anticipation of negotiations.

This new policy may be regrettable, considering that the whole educational system is being engulfed by new copyright challenges through the rapid advance of digital technology. On the other hand, better solutions may emerge through closer contact with users.

The Storting pays for the Church
More than 90 % of Norway's population belongs to the Lutheran State Church. As mentioned in previous Kopinor News, Kopinor has struggled to license photocopying for many years without success. In February agreement was finally reached as to a "central agreement on photocopying etc. of copyright protected material in local church councils". The agreement is between Kopinor and The Church Employers' Organisation (KA). Kopinor, however, refused to sign the agreement until the Ministry of Church Affairs had agreed to pay for illegal copies taken in recent years. Finally, at the proposal of the Ministry, the Storting (Parliament) in December approved a lump sum payment of approx. US$ 1 m for copying in the years 1995-1997. Kopinor has grudgingly accepted the meager payment, wanting to move on with licening of other churches and religious organisations.

COPYRIGHT INFORMATION

Norwegian One-stop-information-shop on the Internet

On November 12, a press conference marked the opening of the web site CLARA. Among those present at the opening were representatives of the Ministry of Culture.

The CLARA Association has been established by the five Norwegian copyright organisations BONO (visual art), LINO (literary works), NORWACO (cable TV etc.), TONO (performance and recording of musical works) and Kopinor (reprographic rights etc.). The aim of the association and the site is to give easy access to information on rights, rightsholder organisations, licensing and rights clearance of all types of works and performances for the benefit of all categories of users. As of today, the information is only in Norwegian, at http://www.clara.no. However, an English version of the CLARA site is planned for 1999.

NORDIC COUNTRIES:

Leading Internet Users

At the end of 1997 Norway was ranked as No. 2 in a general survey of Internet users around the world, carried out by Computer Industry Almanac Inc. This survey has been quoted by several newspapers and web sites. Finland is at the top of the ranking list, with 244.5 users per 1000 inhabitants, Norway has 231.1, and Iceland 227.3 users. No. 4 on the list is the USA with 203.4 users. Sweden is No 8 (147.3) and Denmark No. 10 (125,6).

21 December 1998
Edited by J.W. Rudolph/M. Yvenes