États-Unis d'Amérique
Droit d'auteur et droits connexes
[Follow-up question] Please describe the "provisional measures" referred to in the second paragraph of the answer, the procedures for invoking them, and the criminal penalties imposed with respect to the piracy of copyrighted works. What provisions of Norwegian law make these measures and penalties available?
The questions contains two different parts. Firstly, a description of provisional measures, referred to in the Norwegian answer, and the procedures for invoking them, is asked for. As I stated, a more full description is presented in the Norwegian notification document. I understand this has not yet been distributed to delegations, but will be so shortly. It has been made available to the US delegation. Information on invoking such provisional measures is also presented in the notification document. At this stage, I restrict myself to referring to that document. If need by, my delegation will be happy to provide further information. The last part of the question concerns criminal penalty imposed with respect to piracy of copyrighted works. The legislation concerning this is to be found in Chapter 7 of the Norwegian Copyright Act. In general, Section 54 states that persons who wilfully or negligently contravene the Copyright Act shall be liable to fines or imprisonment for a term not exceeding three months. However, if the infringement is wilful, and has been committed under particularly aggravating circumstances, the penalty shall be fines or imprisonment for a term not exceeding three years. Such infringement is subject to public prosecution. Any damage caused by an infringement is subject to a claim for compensation and, as mentioned in our first reply, also confiscation and destruction of infringing articles are covered.