KopinorNews 1999-2

Kopinor News No. 2
Volume 3 Winter 1999
ISSN 1500-0729

Reprographic Reproduction:

Major Changes in Licensing Schemes in Norway from 2000

Since 1980 Kopinor has had agreements on photocopying of protected material in regard of Municipal Music Schools on one hand, and Primary and Secondary Schools on the other, with the Norwegian Ministry of Education (KUF). Since 1992 Kopinor has had an agreement with the Norwegian Association of Local and Regional Authorities (KS) in regard of copying for internal use in the administration of local and regional authorities.

In 1998 these agreements generated a total of NOK 88 m in fees (approx. US$ 11 m), which represents more than 50 % of Kopinor's income.

A policy shift in the central government has caused KUF to withdraw as a negotiating partner, and Kopinor is now negotiating a comprehensive model agreement for both educational and administrative use with KS as the sole counterpart. The agreement is due to take effect on 1 January 2000.

Tough Demands
The representatives of local and regional authorities, who constitute KS' negotiating team, have put forward a series of demands for a new licensing solution. Some of these are:

• Each local and regional authority shall only have one agreement for all reprographic reproduction regardless of type of school or type of administrative activity.
• Payment shall be either a sum per employee/pupil or a per-page fee calculated as a percentage of the total volume of copying, or a combination of these.
• Each copy-page of protected material shall cost the same regardless of type of use or type of work.

Kopinor has in principle agreed to most of these demands, with the exception of the per page payment, and has maintained that a higher rate must be paid for the copying of musical works. (Copying of sheet music for public performance will not be permitted.)

Schools cause Delay
KS refuses to finalise a new model agreement before the results of an ongoing statistical survey in the educational sector has been concluded. Data collection has been taking place in the second half of 1999. The survey has been delayed because a number of schools have not commenced data collection on time, or have simply refused to participate. These schools will have to fulfil their obligations in January. Final survey results are expected in March. (A survey in the administration of local and regional authorities has just been concluded. See under.)

KS and Kopinor have agreed on an interim solution, whereby present agreements are extended beyond 1 January, and until a new model agreement can be offered sometime next spring.

Major Change
Kopinor anticipates that the outcome of the negotiations can result, not only in major changes in the licensing scheme itself, but also in vast changes in its daily operations.

Support Freedom of Expression:

Death Threats against Torture Victim

Ray Choto is a journalist by profession, and board member of ZimCopy, the Reproduction Rights Organisation of Zimbabwe, with which Kopinor has close ties. Ray and his family have recently received death threats.

About one year ago Ray Choto published an article in the "Sunday Standard", in Harare, entitled "Senior Army Officers Arrested". The article was about an apparent coup attempt against President Mugabe, caused by dissatisfaction with Zimbabwe's involvement in the war in DR of Congo. Choto, and the editor of the newspaper Mark Chavunduka, were both charged with "publishing false reports (...) likely to cause fear and despondency" under a provision of the so-called Law and Order Act of 1960. Both Choto and his colleague were taken into illegal custody and subjected to 15 hours of severe torture. They were beaten, given electric shocks and their heads were wrapped in plastic bags and submerged in water until they nearly suffocated. At the time organisations and individuals in many countries protested against this treatment.

Constant Threats
The trial against the two men is now on hold pending a Supreme Court ruling. Recently, Choto has received a number of threats to himself and his family. In the beginning of November, a child's toy and a bullet were delivered to his home, together with a threatening note. Shortly after that, an unsigned letter arrived at his office, warning him that he was being followed, and that they had "nearly pulled the trigger". On 1 December a threat was also sent to his wife, referring to an incident indicating that she was being shadowed. (More information at www.ifex.org.)

We hereby pass on the request of the Committee to Protect Journalists ( www.cpj.org). CPJ urgently suggests that letters be written to President Mugabe, demanding thorough investigations of the death treats, and that the perpetrators be brought to justice, and reminding the president of his government's responsibility to ensure the right to freedom of expression. Write to:

His Excellency
President Robert Mugabe
Office of the President
Munhumutapa Building
Samora Machel Avenue/3rd Street
Harare, Zimbabwe
Faks: +263 4 708 820

Copyright Information:

CLARA Web Site now with English version

The Norwegian "one-stop-information-shop" Clara, established by five Norwegian copyright organisations, now also offers a (somewhat shorter) English version at www.clara.no/english.

Out of Court Settlement:

Copy shop must pay compensation

Some two years ago, as reported earlier, several Norwegian publishers and authors with the support of Kopinor sued an Oslo-based copy shop, claiming that their books were being illegally copied in toto for commercial purposes. The parties recently agreed to a settlement, whereby the copy shop pays NOK 100,000 (approx. US$ 12,500) in compensation to the rightsholders. The copy shop has admitted to having broken the provisions of the Norwegian Copyright Act, and has promised that it will take care to abide by these provisions in the future. Also, a sign will be posted in the shop, making sure the provisions of the Copyright Act are known to the customers.

Prominent Visitor from the USA:

Commissioner for Patent and Trademarks visits Kopinor

During a brief visit to Oslo in August, Mr. Q. Todd Dickinson, the US Assistant Secretary of Commerce, and Commissioner for Patents and Trademarks, honoured Kopinor by requesting a meeting with Kopinor's Executive Director. Apart from exchanging views on international copyright issues, Mr. Rudolph reported on the collective management activities of Kopinor.

New Survey Results:

Copying in the Administration of Local and Regional Authorities

The third survey of copying of published works in local and regional authorities was conducted in 1998/99, and the report of Markeds- og Mediainstituttet was finalised in October.

Main Results
The licensees in the sector employed 323,000 persons in 1998 (up from 244,000 in 1994). In one year they consumed approx. 36.6 million copy-pages from books, journals, newspapers etc. This equals an annual consumption of 116 copy-pages per employee, down from 133 pages in 1994. The share of foreign material is 13.6 %. This marks a gradual increase compared with former years: 9.1 % in 1991 and 11.6 % in 1994.

Main Sources Copied
Text books/non-fiction books: 37.3 %; Song books: 22.1 %; Fiction books: 6.2 %; Newspapers: 5.7 %; Specialised Press: 3.4 %. Songbooks are mainly copied in municipal kindergartens, homes for the elderly etc.

Best wishes for the New Year!

December 1999
Edited by J.W. Rudolph/M. Yvenes