Iceland Copyright Law
Act amending the Copyright Act, No. 73/1972
Act amending the Copyright Act, No. 73/1972, with subsequent amendments.
No. 9 of 28 February 2006.
Article 1
A new article, Article 10 a, shall stand before Article 11, reading as follows:
Authors’ exclusive rights under Article 3 (cf. Article 2), shall not apply to the making of reproductions (copies) that:
are transient or incidental,
constitute an integral and essential part of a technological process,
are carried out for the sole purpose of enabling either efficient transmission in a network between third parties by an intermediary, or a lawful use of a work or other subject-matter to be made, and
have no separate economic value.
The provisions of the first paragraph of this Article shall not apply to computer programs and databases.
Article 2.
The first paragraph of Article 11 of the Act shall read as follows:
Individuals may make reproductions of published works exclusively for private use, providing that this is not done for commercial purposes. Such reproductions may not be used for any other purpose.
Article 3
Article 12 of the Act shall read as follows:
Regulations shall be issued containing authorisation for acts of reproduction by archives, libraries, museums and educational institutions for use in their operations as defined in further detail in the regulations, providing that this is not done for commercial purposes. Such reproductions may not be lent or published in another manner, except within the institution, without the permission of the author.
Article 4
The following shall be added to the second paragraph of Article 14: providing that no commercial purpose is involved.
Article 5
The following shall be added to the first sentence of the first paragraph of Article 17 of the Act: providing that no commercial purpose is involved.
Article 6
Article 19 of the Act shall read as follows:
The making and distribution of copies of published works shall be permitted when such copies are specifically intended for the use of blind, sight-impaired or deaf persons, or persons with reading disabilities or others who, by reason of disabilities, are not capable of reading printed material. This provision shall not apply if the reproduction or distribution is carried out for a commercial purpose.
The authorisation in the first paragraph shall not apply to the reproduction of sound recordings and shall not constitute an authorisation for distribution of copies by means of lending or rental to the public.
Any person who has acquired possession of a copy produced by others under the authorisation of the first paragraph of this Article may make similar copies of the copy he has acquired if this is necessary in order for him to use the copy for the purpose for which it is intended; these may include back-up copies. Such copies may not be used for other purposes. The right to use them shall expire if the copy acquired under the authorisation of the first paragraph of this Article is published. This last provision shall not apply, however, if public bodies or other social institutions working in the interests of the public lend or hire out such copies.
Sound-recording techniques may be used to make copies of works of literature in order to lend them to blind and sight-impaired persons, persons with reading disabilities and others who are not capable of reading ordinary books, providing that these copies are not made for commercial purposes. Authors shall be entitled to fair compensation for such reproductions.
Article 7
Article 24 of the Act shall read as follows:
If a copy of a work has been sold or assigned in another manner to other parties within the European Economic Area with the consent of the author, then further distribution of it shall be permitted. In the case of distribution in the form of lending or rental, the provision of the first sentence of this paragraph shall also apply to its sale or assignment by another manner to other parties outside the European Economic Area.
Notwithstanding the provisions of the first paragraph of this Article, copies of works may not be distributed to the public by means of rental unless the author’s consent has been obtained. This shall not apply, however, to works of architecture or sculpture.
Notwithstanding the provisions of the first paragraph of this Article, it shall not be permitted, without the consent of the author, to distribute copies of films and computer programs in digital form to the public by lending them. This shall not apply, however when a copy of a computer program in digital form constitutes part of a work of literature and is lent together with it.
The provisions of the first paragraph of this Article shall not abridge the right to receive allocations under the Authors’ Library Fund Act.
Article 8
The following amendments shall be made to Article 45 of the Act:
a. The second sentence of the third paragraph shall be deleted.
b. A new paragraph shall be added, reading as follows:
Performers of material of national cultural value shall have the same rights as performers under this Article.
Article 9
The following amendments shall be made to Article 46 of the Act:
a. The words “the first and second paragraphs of Article 24” in the first sentence of the second paragraph shall be replaced by “Article 24”.
b. The second sentence of the second paragraph shall be deleted.
Article 10
A new sentence shall be added to the first paragraph of Article 47 of the Act, reading as follows: The authorisation for the use of a previously published audio recording for use in a broadcast or other public distribution of the performance shall not apply to the distribution of audio recordings in a form in which the recording is made accessible to members of the public on an “on-demand” basis (i.e. from a place and at a time individually chosen by them).
Article 11
The following amendments shall be made to Article 48 of the Act:
a. Item 4 of the first paragraph shall read as follows: the reproduction of a previously made recording of a broadcast, and the publication of such a recording.
b. A new paragraph shall stand after the first paragraph, reading as follows:
Broadcasting organisations’ rights under the first paragraph shall remain in force until 50 years have elapsed, running from the change of year following the first broadcast.
Article 12
The following amendments shall be made to Article 49 of the Act:
a. A new sentence shall stand after the first sentence of the first paragraph, reading as follows: Furthermore, the publication of such photographs without the permission of the rightholder shall be prohibited.
b. The words “25 years” in the final sentence of the first paragraph shall be replaced by: “50 years”.
Article 13
Chapter V of the Act shall be followed by a new chapter, Chapter V A, Technological measures, etc., containing four new articles reading as follows:
a. (Article 50 a.)
It shall be forbidden to trade in, or to be in possession of, for commercial purposes, devices or materials that are intended solely to facilitate the unlawful removal or circumvention of technical equipment that is intended to prevent the unlawful reproduction of a computer program.
b. (Article 50 b.)
It shall be forbidden to circumvent technological measures (cf. the fourth paragraph).
It shall be forbidden to manufacture, import, distribute, sell, rent, advertise for sale or rental or be in possession of, for commercial purposes, equipment, goods or components which
are publicised or advertised as a method of circumventing technological measures,
have only limited financial value or application potential save as a method of circumventing technological measures, or
are primarily designed, manufactured, adapted or supplied in order to enable, or facilitate, the circumvention of technological measures.
The provisions of the second paragraph shall also apply to services.
The term ‘technological measures’ in the first and second paragraphs refers to any type of effective technological measures which, in the normal course of their operation, are intended to protect works and other materials protected under this Act.
The provisions of the first, second, third and fourth paragraphs shall not apply to the protection of computer programs.
Thus, provisions of the first, second, third and fourth paragraphs shall not prevent the study of encryption.
c. (Article 50 c.)
The Compensation Committee provided for in Article 57 may, at the request of a user who has taken efficient technological measures under the first paragraph of Article 50 b, grant the user access to the means necessary for him to be able to employ the provisions of Article 12, the second paragraph of Article 14 and the first paragraph of Article 17, regarding teaching, item 1 of the first paragraph of Article 21, the first and the second paragraphs of Article 22, Article 22 a and the fifth paragraph of Article 23. If the rightholder does not comply with the committee’s instructions within four weeks, the user may, without prejudice to the provisions of the first paragraph of Article 50 b, ignore the technological measures. The provisions of this paragraph may only be applied as regards those users who have legal access to the work or material in question.
The provisions of the first paragraph may only be applied if the rightholder has not voluntarily taken measures, e.g. by making an agreement with other parties concerned, which ensure that the user is not able to invoke the provisions referred to in the first paragraph regarding the application of effective technical measures.
The provisions of the first paragraph may not be applied regarding works and other materials which are made accessible to the public under an agreement on an ‘on-demand’ basis.
d. (Article 50 d)
It shall be forbidden, without the permission of the rightholder, to
remove or alter any electronic rights-management information or
distribute, import for distribution or make available to the public works and other materials from which electronic rights-management information has been removed or altered without the consent of the rightholder.
The provisions of the first paragraph may only be applied if the person involved in the action knew, or had reasonable grounds to know, that by carrying out the action he was inducing, enabling, facilitating or concealing an infringement of copyright on a work or other material protected by this Act.
Article 14
The following amendments shall be made to Article 54 of the Act:
a. In item 5 of the second paragraph, the words “Article 50 a, Article 50 b, Article 50 d” shall stand after the words “the first paragraph of Article 50”.
b. A new paragraph shall be added, reading as follows:
Notwithstanding the provisions of the second paragraph (cf. items 4 and 5 of the second paragraph of Article 11 and the first paragraph of Article 50 b), copying by individuals for private use as follows shall not be punishable:
copying of a unique exemplar of a protected computer program or an exemplar of a machine-readable database which has been published, sold or permanently released with the approval of the author or manufacturer,
copying carried out in violation of the first paragraph of Article 50 b.
Article 15
The word “five” in the first sentence of Article 58 of the Act shall be replaced by “seven”.
Article 16
The following amendments shall be made to Article 60 of the Act:
a. Item 1 of the first paragraph shall read as follows: works of persons who are citizens of, or are resident in, a Member State of the European Economic Area.
b. Item 2 of the first paragraph shall be deleted.
c. The first sentence of the second paragraph shall read as follows: “The provisions of Article 25 b shall apply to works of persons who are citizens of, or are resident in, a Member State of the European Economic Area.”
Article 17
The following amendments shall be made to Article 61 of the Act:
a. Item 1 of the first paragraph shall read as follows: “artistic performances by persons who are citizens of, or are resident in, a Member State of the European Economic Area.”
b. The first sentence of item 2 of the first paragraph shall read as follows: “artistic performances by other foreign nationals and stateless persons, as follows.”
c. Paragraph 2 shall read as follows:
The provisions of Article 46 shall apply to visual and sound recordings irrespective of where, and by whom, they have been produced, while the right to remuneration under the third and fourth paragraphs of Article 11 shall apply solely to recordings that have been made in a Member State of the European Economic Area or in other states which grant rights of the same type applying to Icelandic recordings.
d. The third paragraph shall read as follows:
The provisions of Article 47 shall apply to:
Audio recordings of artistic performances by persons who are citizens of, or are resident in, a Member State of the European Economic Area
Audio recordings, and the artistic performances which they contain, if the producer of the audio recording is a citizen of, or is resident in, a Member State of the European Economic Area.
e. The words “in Iceland” in items 1 and 2 of the fourth paragraph shall be replaced by: “in a Member State of the European Economic Area”.
Article 18
This Act shall take immediate effect. This Act gives effect to the provisions of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society.
Interim provision.
Draft legislation on the revision of the provisions of sections b and c of Article 13 of this Act (Articles 50 b and 50 c of the Copyright Act) shall be presented to the Althingi not later than during its legislative session 2006-2007.
Passed by the Althingi on 15 February 2006.
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http://eng.menntamalaraduneyti.is/Acts//nr/4411
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Act amending the Copyright Act, No. 73/1972, with subsequent amendments. Act No. 97/2006.
Act amending the Copyright Act, No. 73/1972, with subsequent amendments.
(No. 97, 13 June 2006)
Article 1
Article 25 b of the Act shall read as follows:
Authors shall be entitled to a royalty (resale right) for the resale of original works of art, including oil, acrylic, tempera, water-colour, gouache and pastel paintings, pictures and drawings executed using other techniques, graphics works, including lithographs, engravings, etchings, prints, sculptures, tapestries, glassware and mosaics, ceramics, porcelain, silver and gold works of an artistic category and photographs. The right shall apply to originals and copies of works of art produced by the artist or with his permission. The right shall not apply to works of architecture.
The royalty shall be paid in all instances of resale involving, as sellers, buyers or intermediaries, art market professionals, including auction houses, art galleries and art dealers. The royalty shall be payable by the seller or intermediary. In instances where only the seller is an art market professional, he alone shall pay the royalty. At no time shall the royalty amount to the equivalent, in Icelandic krónur (ISK) of EUR 12,500.
The royalty shall be paid in Icelandic krónur, based on the sale exchange rate of the euro on the date of sale, as follows.
1. 10% of the portion of the sale price up to the equivalent of EUR 3,000;
2. 5% of the portion of the sale price from the equivalent of EUR 3,000.01 to EUR 50,000;
3. 3% of the portion of the sale price from the equivalent of EUR 50,000.01 to EUR 200,000;
4. 1% of the portion of the sale price from the equivalent of EUR 200,000.01 to EUR 350,000;
5. 0.5% of the portion of the sale price from the equivalent of EUR 350,000.01 to EUR 500,000;
6. 0.25% of the portion of the sale price in excess of the equivalent of EUR 500,000.
The royalty entitlement provided for in the first paragraph of this Article shall remain in force until copyright expires (cf. Article 43). The entitlement shall pertain to the author, and shall be unassignable. It shall, however, pass to the legal heirs following the death of the author. If the author’s royalty entitlement is not inherited by legal heirs, or if the sums due cannot be disposed of, they shall pass to the rightholders’ organisation in accordance with the provision of the fifth paragraph of this Article.
Royalties may only be collected by a rightholders’ association approved by the Ministry of Education, Science and Culture. The association shall attend to the collection of royalties as provided for under the first paragraph of this Article and deliver them to the author following the deduction of a suitable consideration for their collection. Rightholders’ claims against the association may be exercised for three years counted from the end of the year in which the resale takes place. The period of limitation applying to claims shall be suspended by the submission of a written claim from a rightholder.
Sellers, intermediaries and buyers as mentioned in the second paragraph shall:
1. submit to the association mentioned in the fifth paragraph six-monthly accounts and statements of royalty payments, endorsed by a certified public accountant, based on 1 January and 1 July each year, applying to the resale of works of art covered by the first paragraph of this article during the previous six months, and
2. submit within four weeks, in response to a demand from the association, all the information necessary to ensure the payment of royalties, providing that such demands are submitted within three years of the resale of the work of art.
If the accounts and information regarding the resale of works of art as provided for under the sixth paragraph are not submitted to the organisation mentioned in the fifth paragraph within 30 days of the sending of a special request to the party liable to make the payment, the organisation may estimate the royalties collected by the party concerned in respect of the resale of works of art. Collection of such estimated amounts may be effected by attachment.
The provisions of this paragraph shall not apply to works of art sold at art auctions; fees levied in such instances are subject to the special provisions of the Commercial Operations Act. Further provisions on the application of this Article shall be issued in the form of regulations.
Article 2
Item 2 of the second paragraph of Article 54 of the Act shall read as follows: Instances in which a party mentioned in the second paragraph of Article 25 b fails to send the association mentioned in the fifth paragraph of Article 25 b the information referred to in the sixth paragraph of Article 25 b.
Article 3
This Act gives effect to Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art.
Article 4
This Act takes immediate effect.
Passed by the Althingi on 2 June 2006.
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http://eng.menntamalaraduneyti.is/Acts//nr/4410
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Terms of use
Article 1. Contracting parties.
1. The Parties of this Public Offer (paid service agreement), hereinafter referred to as the “Agreement” or “Offer”, are, as follows:
1. The Parties of this Public Offer (paid service agreement), hereinafter referred to as the “Agreement” or “Offer”, are, as follows:
a) Executor is a person, who makes this Offer and who executes this Agreement in accordance with its terms and conditions: Solcity World Investment and Development; and
b) Customer is a person, who accepts this Offer and who is the author of any publication.
Article 2. Acceptance.
1. The Customer shall accept this Offer in case of and after the following activities:
a) fill in and send to the Executor an application in electronic format in the form established by this Agreement and posted on the Executor’s official website; and
b) provide the author’s abstract specifying what material was created by the author; and
c) provide a list of all key words (tags) that enable finding the location of the author’s abstract of the Customer on the Executor’s website; and
d) post (“upload”) the material itself on the Executor’s official website; and
e) pay for the Executor’s services in the amount and following the procedure set forth by this Agreement.
2. The Executor shall verify the Customer’s data and post the information about the Customer and his/her work of authorship on SciReg.org in Internet. From this moment on, the Customer shall be considered as an acceptor of this Offer and a Party to this Agreement.
3. The Executor shall be entitled, without giving any reasons, to refuse the Customer to accept this Offer and the Customer unconditionally, entirely and irrevocably agrees with this provision.
Article 3. Scope of the Agreement.
1. The Executor hereof shall render services on establishing, formation and maintenance of the Copyright register in electronic format on the Executor’s official website in Internet.
2. The Executor hereof shall render to the Customer paid services on posting (publishing) of information about the applicant as the author of the material under the terms and in accordance with this Agreement.
3. The work of authorship shall be understood by the Parties as a subject matter of copyright established by the Civil Code or other laws of the Author’s Country of domicile.
4. The Executor shall publish information (data), hereinafter referred to as the “summary”, about the applicant as the author of the material in the Register posted on the Executor’s official website in Internet under the terms set forth by this Agreement.
5. The Executor shall be entitled, at his own discretion and without coordination with the Customer, to assign his obligations for execution of this Agreement to any third party, and the Customer unconditionally agrees with this provision.
Article 4. Register.
1. The Register shall be an ordered and standardized register containing a summary of the Customer: Author’s information, including co-authors, name of the work of authorship, publication date, author’s abstract revealing the content of the work of authorship and its unique character, as well as a unique number of posting in the Register assigned to the author and his/her material automatically by the Executor, key words (tags) that enable any person to find information about the author and his/her publication posted in the Register on the Executor’s official website in Internet.
2. The author’s abstract shall be a brief description of the author’s publication designating its unique character and showing that the Customer is its author.
3. The Register shall be maintained in electronic form on the Executor’s official website in Internet.
4. Information about the author, work of authorship and other information required by the rules for information posting in the Register, set forth by the Executor, except for the unique number, shall be posted by the Customer individually on the Executor’s official website in Internet.
5. Both the Register and the official website shall be the Executor’s property.
6. Any and all information posted by the Customer in the Register in accordance with the terms set forth by this Agreement shall be the Executor’s property. Hereby, the Customer shall not transfer copyright for his/her work of authorship to the Executor.
7. The rules for maintenance of the Register, its execution, posting of any details (information) in it shall constitute Appendix 1 to this Agreement forming an integral part hereof. The rules shall be issued exclusively by the Executor. The Executor, without coordination with the Customer and the Customer’s consent, shall have the right to make any changes in and/or amendment to the Register maintenance rules and the Customer unconditionally agrees with this provision. The Register maintenance rules shall be unconditionally mandatory for the Customer.
Article 5. Obligations of the Parties.
1. The Parties hereto shall (hereby shall be obliged to) unconditionally, voluntarily, conscientiously, and accurately follow all provisions of this Agreement, as well as any and all supplements, amendments and/or alterations hereto made under the terms set forth by this Agreement.
2. The Customer shall pay for the Executor’s services following the procedure and in the amount established by this Agreement.
3. The Customer, in contemplation of his/her death, shall be obliged to bind defendants to the terms of this Agreement.
4. If the Customer’s copyright is assigned to a third party, he/she shall be obliged to bind such third party to his/her obligations hereunder.
5. The Customer shall have an exclusive right to refer, in any form, to his/her summary (synopsis, author’s abstract) posted in the Register on the Executor’s official website in Internet in case of complete and fair execution of his/her obligations under this Agreement.
Article 6. Payment for the Executor’s services. Agreement price.
1. The Customer shall pay for the Executor’s services following the procedure and in the amount established by the provisions of this Article.
2. The price for one posting by the applicant of one his/her summary in the Register shall be 20 (twenty) US Dollars – price of this Agreement.
3. The procedure for paying the amount set forth by this Article of the Agreement shall be determined in Appendix 1 to this Agreement.
4. The applicant shall pay the amount stated in para 2 of this Article (pay for the Executor’s service) to the Executor at the time of registration.
5. The amounts paid hereunder by the Customer to the Executor shall be nonreturnable.
6. Each Party shall individually pay any and all own taxes, duties and/or fees established by the legislation of the Party in connection with execution of the terms hereof by the Party. Neither party shall be a fiscal agent of the other Party.
Article 7. Withdrawal from the Agreement.
1. The Customer shall be entitled to withdraw from execution of this Agreement in the form of non-payment of a next settlement set forth by this Agreement.
2. The Executor shall have the right, including in his sole discretion, to withdraw from execution of this Agreement without reimbursement to the Customer of any expenses and/or losses (damages), as well as without payment of any penalty and/or penalty fee and/or any other forfeit, and the Customer unconditionally and entirely agrees with this provision, in the following case (cases):
a) failure to pay by the Customer for the services to the Executor in the amount and under the terms set forth by this Agreement; and/or
b) provision of false information by the Customer; and/or
c) any other technical reasons.
Article 8. Information sharing.
1. Unless otherwise provided for in this Agreement, the Parties hereto may share information, and this information for the Parties shall be regarded as official, by phone, fax, sms, Skype, via e-mail and/or in writing (in hard copy).
2. The Parties hereto may share documents and these documents shall be legally effective for the Parties and considered properly received by the Parties by fax, Skype, via e-mail, in writing in hard copy, unless otherwise provided for in this Agreement. A signature affixed to the document forwarded by any Party via e-mail shall be accepted by the Parties. A signature affixed to the document forwarded by any Party by fax shall be accepted by the Parties. A signature affixed to the document forwarded by any Party via Skype shall be accepted by the Parties.
3. Along with the afore-mentioned, the Parties may have electronic documentary interchange and affix their electronic digital signatures (EDS) on any and all documents.
Article 9. Arbitration.
1. All disputes arising between the Parties in relation to interpretation of this Agreement and/or execution of this Agreement shall be settled by the Parties in the form of bilateral negotiations.
2. If the Parties fail to reach a compromise during negotiations, they shall settle their dispute in the arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.
3. As the rules of procedural law based on which the Parties shall settle their dispute, the Parties shall accept the rules of arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.
4. As the rules of substantive law based on which the Parties settle their dispute, the Parties shall accept this Agreement and rules of international agreements (conventions) regulating copyright legal relationship.
Article 10. Other terms and conditions.
1. This Agreement is made in written and electronic form, in one counterpart, which:
a) Agreement in writing is kept in the Executor’s office, and
b) posted in electronic form on the Executor’s official website in Internet.
2. Alteration, amendments and/or supplements to this Agreement shall be made in written and electronic form by the Executor individually, in a single hard counterpart and a single electronic counterpart posted on the official website in Internet and the Customer unconditionally agrees with this provision.
3. Changes in this Agreement shall be made by the Executor as a new version of the Agreement.
4. If the Customer disagrees with new terms and conditions, he/she shall have a right to withdraw from the Agreement following the procedure and terms set forth by this Agreement.
