Norway

Last update: February, 2024

There are two articles in the Norwegian Constitution related to culture: Firstly, Article 100 which guarantees freedom of expression (English version updated in June 2015):

There shall be freedom of expression.

No one may be held liable in law for having imparted or received information, ideas or messages unless this can be justified in relation to the grounds for freedom of expression, which are the seeking of truth, the promotion of democracy and the individual’s freedom to form opinions. Such legal liability shall be prescribed by law.

Everyone shall be free to speak their mind frankly on the administration of the State and on any other subject whatsoever. Clearly defined limitations to this right may only be imposed when particularly weighty considerations so justify in relation to the grounds for freedom of expression.

Prior censorship and other preventive measures may not be applied unless so required in order to protect children and young persons from the harmful influence of moving pictures. Censorship of letters may only be imposed in institutions.

Everyone has a right of access to documents of the State and municipalities and a right to follow the proceedings of the courts and democratically elected bodies. Limitations to this right may be prescribed by law to protect the privacy of the individual or for other weighty reasons.

The authorities of the state shall create conditions that facilitate open and enlightened public discourse.

Secondly, Article 108 of the Constitution deals with the responsibilities vis-à-vis the Sami people:

The authorities of the state shall create conditions enabling the Sami people to preserve and develop its language, culture and way of life

Last update: February, 2024

The Act relating to the responsibility of public authorities for cultural activities (Kulturlova LOV-2007-06-29-89) states that:

The state shall promote and facilitate a wide range of cultural activities throughout the country through legal, financial, organizational, informational and other relevant means and measures.

The state must design tools and implement measures to promote and protect a diversity of cultural expressions in accordance with international rights and obligations.

This act states the responsibility of the state in relation to culture. However, the law does not contain any details on how this shall be done. Currently (2023), the law is being revised. 

The Act on Arts Council Norway (Lov om Norsk kulturråd), defines the responsibilities, tasks, and the organisation of Arts Council Norway. The act also affirms the arm’s length principle of the council.

Last update: February, 2024

There are no particular social security framework for Norwegian artists or creative workers. Concerning the general legislation, the Act on National Insurance ensures that unemployed people are entitled to daily cash benefits. The daily cash benefits partially compensate for a loss of income due to unemployment. Working hours must have been reduced by at least 50% compared to previous working hours. The Act on Social Services ensures that benefits are available to people who are unable to provide their own subsistence.

Last update: February, 2024

The legislation on taxes in Norway implies no specific incentives for private sector investment in culture.

The ordinary rate of VAT is 25% (2015). However, some cultural services have an exemption from VAT (tickets to performing arts), while others (cinema, museums, galleries and sport events) benefits from low (10%) VAT.

Charity institutions and organisations are also exempted from VAT when selling various goods.

There is no VAT on the sale of books in Norway, and some periodicals are also exempted from VAT. However, electronic books are charged a 25% VAT. VAT on electronic books, however, is subject to currently (2016) political debates. 

There are also tax deductions on gifts to voluntary organisations.

There are legal measures in terms of fees and compensations that partly constitute the economic conditions for individual artistic activity:

• The Turnover of Works of Visual Arts Levy Act (1948);
• Remuneration for the Public Performance of Performing Artists Act (1956);
• Norwegian Fund for Composers Act (1965);
• Remuneration for Lending by Public Libraries Act (1987);
• Remuneration for the Exhibition of Visual and Applied Arts Act (the revenues are used to support foundations for visual artists, performing artists, composers and authors) (1993);
• Copyright Act (1961);
• Income Tax Act (1999); and
• VAT Act (1969).

Last update: February, 2024

There is no legislation on labour directly related to cultural workers. However, the Norwegian Working Environment Act (LOV-2005-06-17-62) regulates both employment practices, working hours and working protection, all of which also applies to cultural workers. Recently, a new regulation came into force that regulated the use of staffing agencies. This may have large consequences for festivals and promoters hiring technicians and stage crew. 

Last update: February, 2024

Norway follows the continental European droit d'auteur tradition in the general approach to copyright legislation. In addition, there is close cooperation between the five Nordic countries (Finland, Sweden, Denmark, Iceland and Norway) on copyright issues. There have been no recent debates about moral rights, although there is a general public awareness that the rights holders should be credited when their works are used.

There are no provisions in the Copyright Act explicitly covering the concept of "fair use" since Norway follows the droit d'auteur tradition. However, the system allows for exceptions to the authors' rights (see Article 9 of the Berne Convention). Such provisions include inter alia the use of works for educational purposes, use for the disabled, copying by libraries, quotations of works as well as private copying.

Secondary rights holders – i.e. rights holders who are not themselves authors of a work but have acquired rights from the original author – do not necessarily have the same rights as the original author. The rights of the secondary rights holder will depend on the content of the agreement entered into by the original author and the secondary rights holder. One example of this is that if an author has sold the right of reproduction of a work to be published in the form of a novel this does not include other forms of publication, such as in newspapers or journals, unless this is specified in the agreement.

Broadcasters can use copyrighted works in their broadcasts on the condition that they fulfil the terms of an extended collective licence, cf. section 30 of the Copyright Act (1961). According to this provision, the broadcaster must have an agreement with an organisation representing the rights holders.

In 2005 the EEA (EU) Copyright Directive (2001/20/EC) was implemented in the Copyrigh act. There are now provisions in the Copyright Act concerning the protection of technological measures and rights-management information. Several provisions have also been revised to include digital reproduction. As regards other technological developments, the wording of the Norwegian copyright legislation has been kept "technologically neutral" so that rapid technological changes do not necessitate many actual changes to the Copyright Act.

In 2013, the possibility for right holders to register personal information on people suspected of violating copyright protected material was implemented in the Copyright Act.

Last update: October, 2016

The Personal Data Act (Act of 14 April 2000 No. 31 relating to the processing of personal data) aims to protect natural persons from violations of their right to privacy through the processing of personal data. The Act shall help to ensure that personal data is processed in accordance with fundamental respect for the right to privacy, including the need to protect personal integrity and private life and ensure that personal data is of an adequate quality.

Last update: February, 2024

The following acts cover language issues in Norway:

• Language Usage in Civil Service Act (1980). The Act aims to ensure that both forms of the official languages are used in public service;
• Sami Act (1987). The Act includes regulations on the public use of the Sami.
• Place Names Act (1990). The Act determines the spelling of place names when they are used by public authorities at all levels.
• The Education Act (1998) The act regulates the use of bokmål and nynorsk in primary school, the right to language education in minority languages and the right to education in sign language.

Information is currently not available.

Last update: February, 2024

On 1 August 2007, a new general Culture Act entered into force in Norway. The Culture Act is simple and contains no detailed regulations of financing, priorities or organisation of the field of culture for the state, counties and municipalities. The Act leaves room for local autonomy. At the same time, the Act aims to ensure that the counties and municipalities provide economic and organisational measures that promote a broad spectrum of cultural activities at the local and regional level. The Culture Act also aims at facilitating a national culture policy in a more globalised world.

Currently (2023), the law is being revised. The draft for the update does not signalise a considerably more detailed governing of culture policy. However, the new revision aims to legislate the arm's length principle on all levels of government.

Table 2: International legal instruments implemented by Norway in the cultural field

Last update: February, 2024

The following acts cover cultural heritage issues in Norway:

• Cultural Monuments: Prohibition of Exportation and Reallocation of Objects Act (1978)
• Archives Act (1992).

Last update: February, 2024

The following acts are relevant to performing arts and music in Norway:

• National Touring Theatre Act (1948);
• Remuneration for the Public Performance of Performing Artists Act (1956); and
• Norwegian Fund for Composers Act (1965).

Last update: February, 2024

The following acts are relevant to visual and applied arts in Norway:

• Fee on the Sale of Visual Arto. (the Fee on Art Statute) (1948). According to the act, the buyer of art shall pay a fee of 5% in addition to the price of the artwork. The art dealer shall collect the fee and send it to The Relief Fund for Visual Artists. This scheme reflects the Nordic collective version of "droit de suite"; and
• Remuneration for the Exhibition of Visual and Applied Arts Act (1993).

Last update: February, 2024

The following acts cover literature and library issues in Norway:

• Public Libraries Act (1985);
• Public Lending Rights Act (1987); and
• Legal Deposit Act (1989).
• Regulations on exemption from the Competition Act § 10 for cooperation in book sale (2014)

Last update: February, 2024

The following act is relevant to film, video and photography:

• Films Act (1913).

The following acts cover mass media issues:

• Broadcasting Act (1992);
• Media Ownership Act (1997); and
• Television Standards Act (1987).

Norway has no separate Act relating to the press, but various provisions of the General Civic Penal Code apply. Article 100 of the Constitution protects the freedom of the press. Article 100 reads:

There shall be freedom of expression.

No one may be held liable in law for having imparted or received information, ideas or messages unless this can be justified in relation to the grounds for freedom of expression, which are the seeking of truth, the promotion of democracy and the individual’s freedom to form opinions. Such legal liability shall be prescribed by law.

Everyone shall be free to speak their mind frankly on the administration of the State and on any other subject whatsoever. Clearly defined limitations to this right may only be imposed when particularly weighty considerations so justify in relation to the grounds for freedom of expression.

Prior censorship and other preventive measures may not be applied unless so required in order to protect children and young persons from the harmful influence of moving pictures. Censorship of letters may only be imposed in institutions.

Everyone has a right of access to documents of the State and municipalities and a right to follow the proceedings of the courts and democratically elected bodies. Limitations to this right may be prescribed by law to protect the privacy of the individual or for other weighty reasons.

The authorities of the state shall create conditions that facilitate open and enlightened public discourse.

Article 100 is generally understood to prohibit prior censorship. However, the Court of Enforcement may issue an order to restrain publication if it threatens to seriously harm the interests of the plaintiff. Such injunctions remain very few and rare.

In Norway, advertisements promoting alcohol and tobacco are prohibited, as well as advertising which is not in accordance with the principle of equality between the sexes, as well as advertising for certain medicines. It is also prohibited to advertise for gambling, with an exception for state permitted gambling entities. Furthermore, the Broadcasting Act (1992) limits the volume of advertising allowed and prohibits advertising directed towards children.

There are no laws regarding ethical standards in the media. However, since 1936 the printed press has maintained a Code of Ethical Standards through the establishment of the Press Complaints Commission. Since 1996, complaints against radio and television are also dealt with by this Commission, although a special Broadcasting Complaints Commission was in operation until the summer of 1998 in accordance with the Broadcasting Act. The basis for the hearings by the Press Complaints Commission is the Code of Ethics, which is drawn up by the press organisations through their common organisation, the Norwegian Press Association.

Last update: February, 2024

The following act is relevant to architecture and the environment:

• Planning and Building Act (1985).