Bye-Laws

These regulations were adopted on April 30, 1980, and have been amended by the Council of Representatives on January 10, March 17 and June 14, 1983, on January 24, June 18 and September 12, 1986, on April 3, 1987, on December 1, 1988, on April 14, 1989, on April 10, 1997, on April 3, 2001, April 13, 2004 , and on March 28, 2006.

The name of the concern was changed from Kopifag to Kopinor on March 17, 1983.

MEMBER ORGANISATIONS

GRAFILL - Norwegian Organisation for Visual Communication
New Music Composers' Group
NOPA - Norwegian Society of Composers and Lyricists
Norwegian Association of Arts and Crafts
Norwegian Association of Literary Translators
Norwegian Association of the Periodical Press
Norwegian Authors' Union
Norwegian Comedy Writers' Association
Norwegian Critics' Association
Norwegian Media Businesses' Association
Norwegian Playwrights' Association
Norwegian Society of Composers
Norwegian Union of Journalists
Norwegian Writers for Children
The Association of Norwegian Editors
The Association of Norwegian Visual Artists
The Norwegian Association of Fine Arts Photographers
The Norwegian Association of Professional Photographers
The Norwegian Magazine Publishers' Association
The Norwegian Music Publishers' Association
The Norwegian Non-Fiction Writers' and Translators' Association
The Norwegian Publishers' Association
The Norwegian Specialized Press Association

Chapter 1 AIMS AND TASKS

Section 1.1
Kopinor is an organisation that has been established by associations of rightsholders to attend to their interest in copyright protected works.

The objective of Kopinor is to secure the economic and moral rights of authors and other rightsholders through the management of rights on a non-exclusive basis, where the rightsholders’ own exercise of rights is impossible or impractical.

For itself, Kopinor has no economic purpose or goal.

Section 1.2

Within its objective Kopinor's tasks are:

1. To collect information and carry out measures promoting the interests of the rightsholders.

2. To coordinate the claims of the member organisations, and to negotiate and reach agreement on their behalf.

3. To manage the rights and distribute the remuneration and compensation that has been paid for copying and other exploitation of works that are copyright protected or similarly protected, unless the organisation in question takes reservation.

4. To enter into agreements with organisations for foreign rightsholders concerning management and distribution as mentioned in Section 3.

Chapter 2 MEMBERSHIP

Section 2.1

Any organisation which is entitled to negotiate and conclude agreements on behalf of its members regarding conditions for copying and other exploitation of the protected works of its members, may apply for membership in Kopinor.

Membership applications shall be resolved at a meeting of the Council of Representatives by a 2/3 majority. Admission of new members is subject to payment of an entrance fee, which is fixed by the Council of Representatives.

Section 2.2
Termination of membership is subject to no less than 6 months notice and takes effect from January 1 of the following year. Members who have served notice of termination of membership will not be committed by any new agreements that may be made by Kopinor during the term of the notice.

Chapter 3 ORGANISATION

Section 3.1
The bodies within Kopinor are the Council of Representatives (Section 3.2 - 3.8), the Executive Board (Section 3.9 - 3.13) and the Board of Distribution (Section 4.2).

Section 3.2
Each member organisation shall appoint one representative with a deputy to Kopinor's Council of Representatives. The deputies have the right to attend, to speak and to put forward proposals at the meetings of the Council. The member organisations shall inform Kopinor in writing as to the persons who have been appointed as representatives. An appointment is in force until it is withdrawn in writing. A representative of one member organisation may be authorised to represent another member organisation.

Section 3.3
The main tasks of the Council of Representatives are as follows:

1. To determine the extent of, and to draw up the guidelines for, Kopinor's activities according to Chapter 1;
2. To control the activities of the Executive Board and the Board of Distribution;
3. To elect the members of Kopinor's Executive Board and Board of Distribution.

All decisions pursuant to Section 3.3(1) must be passed in the Council of Representatives by a 3/4 majority.

Section 3.4
The Council of Representatives shall meet at least twice a year. One of the meetings, the Annual Meeting of Kopinor, shall take place before April 15. At the Annual Meeting the following matters shall be dealt with:

1. Approval of the meeting's proposed agenda and election of 2 persons to sign the minutes for the meeting;
2. Approval of the minutes from the previous meeting of the Council of Representatives;
3. The annual report of both the Executive Board and the Board of Distribution;
4. The audited accounts;
5. Other matters that may be listed in the summons.
6. Election of officers for the forthcoming year:
   a) Election of Chairperson and Vice Chairperson of the Council of Representatives;
   b) Election of members to Kopinor's Executive Board;
   c) Election of Chairperson and Deputy Chairperson of the Executive Board;
   d) Election of members to Kopinor's Board of Distribution;
   e) Election of Chairperson and Vice Chairperson of the Board of Distribution;
   f) Election of a Nominating Committee, consisting of 5 members, on a motion from the Executive Board.
7. New appointment of an auditor and of the Arbitration Tribunal, when needed.

The Council of Representatives shall also convene once every autumn, not later than December 1. This meeting shall decide on the budget for the following year.

The Council of Representatives may otherwise be convened at the request of the Executive Board, the Board of Distribution, the auditor, or at least 3 member organisations.

The Council of Representatives may undertake bye-elections.

Section 3.5
Summons to a meeting of the Council of Representatives shall be given in writing and at least 3 weeks in advance, and shall include an agenda for the meeting. Proposals on matters to be dealt with at the Annual Meeting of the Council of Representatives must be sent to the Executive Board at least one month before the Annual Meeting. The members shall be notified in writing no later than 2 weeks in advance of the deadline for proposing agenda items.

Section 3.6
The meeting shall be chaired by the Chairperson elected at the previous Annual Meeting. Decisions cannot be made concerning items that are not on the agenda. Unless otherwise provided in these regulations, decisions shall be made by a simple majority. The Chairperson shall arrange that the minutes of the proceedings be taken.

Section 3.7
The members of the Executive Board and the Board of Distribution have the right to put forward proposals and to speak in the Council of Representatives. The Executive Director and the Secretary of the Board of Distribution also have the right to participate and to speak.

Section 3.8
At the Annual Meeting, the Nominating Committee shall propose candidates for the election of a Chairperson and Deputy Chairperson for the Council of Representatives, as well as members and deputy members to the Executive Board and the Board of Distribution, as well as the Chairman and Vice Chairman for these boards. The same person cannot be a member of both boards. The Nominating Committee shall ensure that the continuous period in office for the Chairperson and Deputy Chairperson for the Council of Representatives, the Chairman and Vice Chairman for the Executive Board, as well as the Chairman and Vice Chairman for the Board of Distribution, normally does not surpass six years.

Section 3.9
The Executive Board consists of a Chairperson and 7 members. These 7 members shall each have Personal Deputies.

The 7 members are elected by the Council of Representatives after nomination proposals made to the Nominating Committee by the following organisations/groups:

• The Norwegian Non-Fiction Writers' and Translators' Association
• Authors' organisations within the field of journalism and critisism
• The organisations of fiction authors and translators
• The authors' organisations within the field of photo/visual arts/handicraft/illustration and design
• The organisations concerned with the composing and publishing of music and the writing of songtexts
• The Norwegian Publishers' Association
• Other publishers' organisations

The deputy members are to be similarly elected, with the following exception: Based on nomination proposals from the organisations in the music field two ranked deputy members may be elected.

The Chairperson and the Vice Chairperson are elected separately.

The members of the Executive Board may not, in the decisions they take, be committed by directions from the nominating organisations or groups.

Section 3.10
The Executive Board manages Kopinor's business with the exception of matters which fall within the responsibility of the Board of Distribution (Section 4.2,ff). The Chairperson of the Executive Board, or two members of the Executive Board jointly, may sign for Kopinor.

Meetings of the Executive Board are to be summoned by the Chairperson with at least 7 days notice. Meetings of the Executive Board may be summoned at the request of one member. The summons shall be made in writing and include an agenda. Copies of the summons shall be sent simultaneously to the Council of Representatives, the member organisations and the Board of Distribution.

Section 3.11
Each member of the Executive Board has one vote. The Executive Board is considered to have a quorum when there are at least five members (or deputies) present, including the Chairperson or Vice Chairperson.

All decisions shall be made by a simple majority. When there is no majority, the decision shall be taken by the vote of the Chairperson (or in the event of his or her absence, the vote of the Deputy Chairperson). Minutes shall be kept of the proceedings of the Executive Board, and they shall be sent to the Council of Representatives, the member organisations and the Board of Distribution concurrently.

Section 3.12
The Executive Board organises Kopinor's administration and determines the extent of its authority.

Section 3.13
Within the Executive Board there shall be established a Working Committee consisting of the Chairperson, the Deputy Chairperson and one member of the Executive Board. The Chairperson of the Executive Board leads the Working Committee. The Working Committee may prepare the work to be conducted by the Executive Board and handle matters by authority of the Executive Board. Guidelines for the activities of the Working Committee are to be established by the Executive Board.

Kopinor's funds shall be administered, distributed and allocated in accordance with guidelines drawn up by the Council of Representatives.

From the funds received, the Council of Representatives shall, through a budget decision, allocate a certain amount for the administration of Kopinor.

The Executive Board sets aside funds for allocation to foreign rightsholders - in consultation with the Board of Distribution.

Chapter 4 ADMINISTRATION, DISTRIBUTION AND ALLOCATION OF FUNDS

Section 4.1
The remuneration shall subsequently be distributed to the member organisations as soon as possible.

Section 4.2
The business of distributing between the member organisations the monies received as remuneration shall be directed by a Board of Distribution, which shall consist of 6 members. The Board of Distribution shall also act as the mediating body pursuant to Sections 4.4 and 5.2.

The Council of Representatives elects the members to the Board of Distribution so that the authors' organisations will have a majority. The Norwegian Non-Fiction Writers' and Translators' Association and the Norwegian Publishers' Association shall nominate one member each. The last paragraph of Section 3.9 also applies to the Board of Distribution, that is that the members of the Board may not, in the decisions they take, be committed by directions from the nominating organisations or groups.

Section 4.3
On the Board of Distribution each member has one vote. The Board of Distribution has a quorum when at least 4 members are present, including the Chairperson or Vice Chairperson. All resolutions shall be made by a simple majority.

There shall be kept written minutes of the proceedings in the Board of Distribution, and these shall be sent to the Council of Representatives, the member organisations and the Executive Board concurrently.

The Board of Distribution presents proposals for its budget through the Executive Board.

Section 4.4
The remuneration may be disbursed either according to a "final" or an "on-account" distribution. Agreements on distribution concluded by member organisations are to be sent as soon as possible to Kopinor. Remuneration that is to be distributed shall be paid to the organisations making a claim thereto, to the extent that they are in agreement as to the distribution thereof.

If there is a disagreement, the Board of Distribution acts as a mediator. If agreement is not achieved within a date set by the Board of Distribution, a resolution of distribution shall be made by the Board of Distribution. If the disagreement concerns a final distribution of funds by one party, it may thereafter be referred to arbitration (Chapter 5).

If the Board of Distribution, because it lacks a majority, cannot make a majority decision in a dispute regarding a final distribution (Section 4.3), one party may refer the dispute to arbitration. If this is not done, the Board of Distribution shall do so.

Disbursement shall take place as soon as possible and in accordance with the resolutions of the Board of Distribution. When the resolution concerns a final distribution, disbursement shall not take place before it is established that the matter will not be referred to arbitration. In cases of an on-account distribution, reservations shall be made concerning repayment at the later final distribution. The Board of Distribution decides whether and to what extent the organisation shall furnish security for the monies thus received.

Section 4.5
When member organisations disagree on distribution, an organisation may present its case to the Board through an attorney.

Section 4.6
Payments to a member organisation are made on the premise that claims from unorganised rightsholders within the field are to be met by the organisation concerned. To the extent that Kopinor is held liable toward such rights holders, the amount will be reclaimed from the organisation. The Executive Board shall give the member organisations general guidance on how to take into consideration the unorganised rights holders in the administration of the remuneration funds.

Chapter 5 ARBITRATION

Section 5.1
Kopinor's Council of Representatives shall establish an Arbitration Tribunal consisting of three members who are experts on Copyright Law. One member shall be elected by those member organisations that organise the authors, while the other shall be elected by the publishers' organisations. The third member shall be appointed by these two members, or, if they cannot agree, by the Chairperson of the Norwegian Bar Association.

Section 5.2
The Arbitration Tribunal is the only court competent to judge disputes between the organisations, and between the latter and Kopinor concerning the interpretation of Kopinor's regulations and its administrative and distributive tasks.

A dispute on distribution between organisations cannot be brought before the Arbitration Tribunal before it has been dealt with by the Board of Distribution (Section 4.4(2)). A writ of summons must be sent to the Chairperson of the Arbitration Tribunal no later than two months after the parties have been informed of the Board of Distribution's decision on distribution. After that date the case shall be dismissed.

The same rules apply to the parties if the Board of Distribution does not make such a decision (Section 4.4(3)). When, in accordance with the same provisions as mentioned above, the Board of Distribution refers the case to the Arbitration Tribunal, the parties are allowed an additional term of one month to state their claims.

To supplement these rules, the Arbitration Tribunal shall apply the Civil Procedure Act, Chapter 32.

Chapter 6 AMENDMENTS TO THE REGULATIONS - DISSOLUTION

Section 6.1
Amendments to these regulations may only be passed by a 3/4 majority in the Council of Representatives, when at least 4/5 of the member organisations are represented.

Section 6.2
Kopinor may be dissolved by the Council of Representatives if a demand to this effect is made by 3/4 of the representatives of the member organisations. In the event of a dissolution, the Ministry of Culture shall decide how Kopinor's funds are to be allocated to the benefit of the rightsholders.