United States of America
Norway
Copyright and Related Rights
3. Please explain whether and how Norway protects against the direct and indirect reproduction of phonograms as required by TRIPS Article 14.2, including by digital transmission in the context of subscription or interactive services.
According to Section 45 of the Norwegian Copyright Act sound fixations and films shall not, without the consent of the producer, be made available to the public, nor shall copies be made of the sound fixation or film, until 50 years have elapsed since the expiry of the year in which the fixation or film was made. "If the fixation is issued during this period of time, the term of protection shall subsist for 50 years after the expiry of the year in which the fixation was first issued." The term "making available to the public" is explained in Section 2, third paragraph of the Act; "A work is made available to the public when it is performed outside private premises, or when copies of the work are offered for sale, rental or lending, or otherwise distributed or displayed outside such premises." Consequently, both direct and indirect reproduction are covered by these provisions, including digital transmission in the context of subscription or interactive services.