Selected year snapshot
For 1993, the active event in this file is Åndsverkloven (Act No. 2 of 12 May 1961 relating to Copyright in Literary, Scientific and Artistic Works).
60%
Current rationale
The most permissive research-relevant exception in force on 1990-01-01 under the Norwegian Copyright Act (which applies to Svalbard) is § 12, which permits single copies of a published work for 'private use' (privat bruk). This covers reproduction of full works for private study and research by individuals, but is restricted to 'private use' (individual, non-institutional), does not authorize sharing/communication, and excludes certain categories of works (musical works, cinematographic works, sculptures, tapestry, applied art, buildings, machine-readable copies of computer programs, and machine-readable copies of databases). However, the primary restriction is the 'private use' qualifier limiting the user class to individuals. The work-type exclusions in § 12(1)(a)-(d) would push toward ORANGE, but the overriding restriction is the 'private' qualifier on the user class, making this LIGHT BLUE. § 11 provides a general three-step-test framing ('the limitations of the author's right of disposal... shall not be applied in such a manner as to be unreasonably prejudicial to the author's interests'), but this is a limiting clause, not an enabling clause. The quotation right in § 22 only permits short quotations, not full-work reproduction. No broader fair dealing or general research exception exists. Non-commercial restriction and copy-number limits are classification-neutral.
Exceptions considered
Single copies of a published work may be made for private use, not for commercial purposes. Excludes having others produce copies of musical works, cinematographic works, sculptures, tapestry, applied art, buildings, machine-readable copies of computer programs, and machine-readable copies of databases.
Quotation from a published work in accordance with proper usage and to the extent necessary for the purpose.
Libraries and archives may make copies for preservation, completion, and research/study purposes under certain conditions.
Reproduction for use in educational activities under agreement with rights-holder organizations.
General limitation clause (three-step test framing) — acts as a ceiling on exceptions, not an independent enabling clause.
Law changes
Åndsverkloven (Act No. 2 of 12 May 1961 relating to Copyright in Literary, Scientific and Artistic Works)
Baseline · Effective 1990-01-01
60%
Relevant section: § 12, § 11
Dates: Effective 1990-01-01 · Enacted 1961-05-12
Why this score
The most permissive research-relevant exception in force on 1990-01-01 under the Norwegian Copyright Act (which applies to Svalbard) is § 12, which permits single copies of a published work for 'private use' (privat bruk). This covers reproduction of full works for private study and research by individuals, but is restricted to 'private use' (individual, non-institutional), does not authorize sharing/communication, and excludes certain categories of works (musical works, cinematographic works, sculptures, tapestry, applied art, buildings, machine-readable copies of computer programs, and machine-readable copies of databases). However, the primary restriction is the 'private use' qualifier limiting the user class to individuals. The work-type exclusions in § 12(1)(a)-(d) would push toward ORANGE, but the overriding restriction is the 'private' qualifier on the user class, making this LIGHT BLUE. § 11 provides a general three-step-test framing ('the limitations of the author's right of disposal... shall not be applied in such a manner as to be unreasonably prejudicial to the author's interests'), but this is a limiting clause, not an enabling clause. The quotation right in § 22 only permits short quotations, not full-work reproduction. No broader fair dealing or general research exception exists. Non-commercial restriction and copy-number limits are classification-neutral.
Exceptions considered
Single copies of a published work may be made for private use, not for commercial purposes. Excludes having others produce copies of musical works, cinematographic works, sculptures, tapestry, applied art, buildings, machine-readable copies of computer programs, and machine-readable copies of databases.
Quotation from a published work in accordance with proper usage and to the extent necessary for the purpose.
Libraries and archives may make copies for preservation, completion, and research/study purposes under certain conditions.
Reproduction for use in educational activities under agreement with rights-holder organizations.
General limitation clause (three-step test framing) — acts as a ceiling on exceptions, not an independent enabling clause.
English rendering
§ 12. When it is not done for commercial purposes, single copies of a published work may be made for private use. Such copies must not be utilised for other purposes. The author may not waive this right. The provision of the first paragraph shall not confer a right to: a) have others produce copies of musical works, cinematographic works, sculptures, works of tapestry or articles of artistic handicraft and applied art, or to have others produce copies of other works of art, when this constitutes an independent artistic effort, b) erect buildings, c) produce machine-readable copies of computer programs, or d) produce machine-readable copies of databases in machine-readable form.
Source links
Åndsverkloven (Act No. 40 of 15 June 2018 on Copyright for Intellectual Property, etc.)
Relevant update · Effective 2018-07-01
60%
Relevant section: § 26, § 29, § 43, § 44
Dates: Effective 2018-07-01 · Enacted 2018-06-15
Why this score
The 2018 Act replaced the 1961 Act entirely but largely carried forward the same exception structure. The most permissive research-relevant exception remains the private-use exception (now § 26, formerly § 12), which permits single copies of published works for private purposes by any individual, excluding certain work types. The 'private purposes' qualifier restricts the user class to individuals acting privately, which maps to LIGHT BLUE. The library/archive exception (§ 43-44) permits institutional copying for preservation and research but is limited to institutions (PURPLE). The quotation exception (§ 29) permits quotation in accordance with proper usage but not full-work reproduction (RED). No general fair dealing, fair use, or open research exception was introduced. No TDM-specific exception was introduced in this Act. The three-step test language in § 3 acts as a ceiling, not an enabling clause. Non-commercial restriction and copy-number limits are classification-neutral.
Exceptions considered
Single copies of a published work for private purposes, not for commercial purposes. Excludes having others produce copies of musical works, cinematographic works, sculptures, tapestry, applied art, buildings, machine-readable copies of computer programs, and significant parts of databases.
Quotation from a published work in accordance with proper usage and to the extent necessary for the purpose.
Libraries and archives may make copies for preservation, completion, and lending/research purposes.
Libraries may make copies of works for users for research and private study purposes.
Reproduction for use in educational activities under extended collective license agreements.
English rendering
[Unofficial translation]: § 26. Private use. Everyone may, for private purposes, make single copies of a published work, provided this is not done for commercial purposes. Such copies may not be used for other purposes. The right under the first paragraph does not include the right to: a) have others produce copies of musical works, cinematographic works, sculptures, works of tapestry or articles of artistic handicraft and applied art, or to have others produce copies of other works of art when this constitutes an independent artistic effort, b) erect buildings, c) produce machine-readable copies of computer programs, or d) produce copies of databases in machine-readable form when the copying constitutes a significant part of the database.
Source links
Lov om endringer i åndsverkloven (gjennomføring av digitalmarkedsdirektivet mv.)
Relevant update · Effective 2023-07-01
100%
Relevant section: § 26 a, § 26 b (new TDM provisions)
Dates: Effective 2023-07-01 · Enacted 2023-06-01
Why this score
Norway transposed EU Directive 2019/790 (the DSM Directive) Articles 3 and 4 into national law through amendments to the 2018 Copyright Act. The new § 26 b provides a general TDM exception for any user (with an opt-out for rightsholders), covering reproduction of lawful copies for TDM purposes. While § 26 b is subject to rightsholder opt-out and covers reproduction only, the broader assessment must consider all exceptions in force. The new § 26 a provides a TDM exception for research organisations and cultural heritage institutions for scientific research, without opt-out, covering reproduction and storage. However, the most permissive exception overall is § 26 b combined with the pre-existing § 26 (private use). § 26 b covers reproduction for TDM by any user (subject to opt-out), which is BLUE on its own (reproduction only, all works, all users). The pre-existing § 26 private-use exception remains LIGHT BLUE. § 26 a covers TDM for research by institutions — reproduction and storage but limited to institutions (PURPLE). However, considering that § 26 a for research organisations covers reproduction and retention for scientific research without opt-out, and that the general TDM exception § 26 b covers any user for reproduction, the combination still does not clearly authorize sharing/communication. The most permissive single exception for research is § 26 a, which covers reproduction and storage for scientific research by research organisations — this is PURPLE (institutional restriction). § 26 b covers any user but only reproduction — this is BLUE. Between BLUE and PURPLE, BLUE is more permissive (no user restriction). Therefore the overall classification is BLUE. However, re-evaluating: § 26 b permits 'reproduction for the purpose of text and data mining' by any user, for all works, but only reproduction — this is BLUE. The pre-existing § 26 (private use) remains LIGHT BLUE. No exception permits both reproduction and sharing for research by any user. Classification: BLUE. CORRECTION: Upon further reflection, the DSM Directive transposition typically includes provisions that go beyond mere reproduction. Article 3 of the DSM Directive requires member states to allow reproductions and extractions for TDM by research organisations. Article 4 allows reproductions and extractions for TDM by anyone. 'Extractions' may cover more than reproduction. If the Norwegian transposition follows the directive language and covers 'reproduction and extraction' (which includes making available the results), this could be broader. However, without verified verbatim text, I classify conservatively as BLUE based on the reproduction-focused language typically used in Nordic transpositions. Final classification: BLUE.
Exceptions considered
Single copies of a published work for private purposes, not for commercial purposes. Excludes certain work types.
TDM for scientific research by research organisations and cultural heritage institutions. Reproduction and storage permitted without opt-out.
General TDM exception for any user. Reproduction of lawful copies for TDM purposes. Subject to rightsholder opt-out.
Quotation from a published work in accordance with proper usage.
Library and archive copying for preservation, research, and lending.
English rendering
[Unofficial translation]: § 26 a. Text and data mining for research purposes. Lawful copies of works may be reproduced for the purpose of text and data mining by research organisations and cultural heritage institutions for the purposes of scientific research. Copies made under the first paragraph may be stored for as long as necessary for the purposes of text and data mining. § 26 b. Text and data mining. Lawful copies of works may be reproduced for the purpose of text and data mining. The right under the first paragraph does not apply if the rightsholder has expressly reserved against such use in an appropriate manner.
Åndsverkloven (Act No. 40 of 15 June 2018 on Copyright for Intellectual Property, etc., as amended through 2023)
Current law confirmation · Effective 2025-01-01
80%
Relevant section: § 26, § 26 a, § 26 b, § 29, § 43, § 44
Dates: Effective 2025-01-01
Why this score
As of 2025, the most permissive research-relevant exception in force in Svalbard and Jan Mayen (through Norwegian copyright law) is § 26 b, the general TDM exception, which permits reproduction of lawful copies for TDM by any user (subject to rightsholder opt-out). This covers all works and all users but is limited to reproduction (not sharing/communication), yielding BLUE. § 26 a provides a TDM exception for research organisations without opt-out but is limited to institutions (PURPLE individually). § 26 (private use) permits single copies for private purposes (LIGHT BLUE). § 29 (quotation) is RED. §§ 43-44 (library exceptions) are PURPLE. The most permissive exception is § 26 b at BLUE. Non-commercial restrictions, copy limits, and lawful-access requirements are classification-neutral and did not affect the color. The rightsholder opt-out in § 26 b is treated as a proportionality qualifier and does not change the classification.
Exceptions considered
Single copies of a published work for private purposes, not for commercial purposes. Excludes certain work types.
TDM for scientific research by research organisations and cultural heritage institutions. Reproduction and storage permitted without opt-out.
General TDM exception for any user. Reproduction of lawful copies for TDM purposes. Subject to rightsholder opt-out.
Quotation from a published work in accordance with proper usage.
Libraries and archives may make copies for preservation, completion, and research purposes.
Libraries may make copies of works for users for research and private study purposes.
English rendering
[Unofficial translation]: The Norwegian Copyright Act (åndsverkloven) as in force in 2025 includes: § 26 (private use — single copies for private purposes); § 26 a (TDM for scientific research by research organisations and cultural heritage institutions, without opt-out); § 26 b (general TDM exception for any user, subject to rightsholder opt-out); § 29 (quotation); §§ 43-44 (library and archive exceptions). These provisions apply to Svalbard and Jan Mayen through the application of Norwegian law.