Supervisory and approval authority for copyright

Through its supervisory role, NIPO must check that the provisions of the Act are complied with and ensure that the collective management organizations follow the provisions of the Act on internal management and control.

Organizations and units that carry out activities that are covered by the Act's provision on supervision must register with NIPO with the following information:

• the name of the organization or entity
• organization number
• contact information
• a short and overall description of the rights it manages and the members it has

The inspection may include investigations into whether actions against rights holders or users of the right the organization manages are in breach of the law, for example the practice of:

• Discriminatory conditions for membership
• Non-objective and discriminatory license and agreement terms

NIPO can intervene by imposing sanctions or taking other measures, but is not obliged to intervene in every case of infringement. NIPO's supervision is carried out in two ways:

• Inquiries from rights holders or others about infringements.
• NIPO exercises supervision in other areas we see a need to examine, after e.g. self-declaration from the organisations.

The supervision covers organizations and other entities established in Norway, and their activities here and within the EEA area. According to the law, the Norwegian Patent Office can issue orders for rectification, infringement fees and compulsory fines.

Complaint about individual decisions

If an organization or rights holder wishes to appeal against a decision made by the Patents Board, the Appeal Board for Media Matters (Media Appeal Board) is the appeal body. Chapter VI of the Public Administration Act on complaints and reversals will also apply. Complaints can be sent to post@patentsyret.no.

Feedback from rights holders, collective management organisations, users and others ("complaint").

A right holder, collective management organisation, member of a collective management organisation, user and others can submit an inquiry to NIPO regarding infringement of the Act on collective management of copyright etc.

Below is information that must be included in an inquiry. The inquiry is subject to the Public Service Act and is sent to: post@patentsyret.no .

Information in an inquiry ("complaint")

• What the inquiry concerns
• Which organization the inquiry applies to
• Which provision the submitter believes has been violated

In Norway, agreement license approval can be granted on the basis of both special and general agreement license provisions. Common to both is that the organization must meet the condition of representativeness and suitability. In addition, individual clearance of rights must be either impractical or impossible.

For contractual licenses pursuant to a general contractual license and audiovisual productions, the author may ban the use of the work.

Complaints about individual decisions in connection with approval applications are appealed to the Complaints Board for Media Matters (Media Complaints Board).

An organization that wishes to enter into an agreement with the effect of an agreement license can submit an application for approval to post@patentsyret.no.

Below is information that must be included in an application for approval.

Application information

• Authority for agreement license
  Pursuant to the Copyright Act, an application for contractual license effect can be made under both special and general contractual license provisions. The application must specify which provision is applied for.

• Agreement license area
  If the application is based on a general contractual license provision, the organization must define the area for the desired contractual license effect in more detail.

• Impractical or impossible individual clearance
  The organization must provide a description of why individual clearance in the area is either impractical or impossible.

• Representation
  The organization must provide a description of which rights it manages and on behalf of which rights holders.

• Suitability
  The organizations are asked to provide an explanation of collection systems and information on any reciprocity agreements.