Den norske Forfatterforening (DnF)

Norwegian Authors´ Union

Bye-laws of the norwegian authors´ union

Bye-laws of the norwegian authors´ union

Adopted by the Annual General Meeting held 24 - 25 March 2001. (Superseding the earlier bye-laws of 23 April 1910 with subsequent amendments.)

Chapter 1: objectives

§ 1 - Objects
The objects of the Norwegian Authors Union shall be to protect and promote Norwegian literature and defend the interests of Norwegian authors. This shall be accomplished in a manner respectful of the heterogeneous nature of the Union and the members´ inherent differences.

§ 2 - Relationship to non-members
Authors who are not members of the Union, as well as authors´ heirs, may receive professional assistance from the Union.
When entering into agreements and in connection with external activities related to authors´ professional or financial conditions, the Union shall, insofar as possible, protect the interests of all Norwegian authors.

§ 3 - Agreements
The Norwegian Writers’ Union represents its members in negotiations regarding the use of the rights in their works for producing copies for use in educational institutions, other institutions or business activities, producing copies for the handicapped, by making the works available to the general public through broadcasting or in other contexts in which an agreement is required to trigger a statutory agreement licence.
The Norwegian Authors’ Union can authorise another organisation to manage such rights.
Otherwise, the association can enter into binding agreements on the members’ behalf, cf. § 26, sub-section 2.

Chapter 2: Membership

§ 4 - Membership criteria
An author who resides in Norway or is a Norwegian national residing abroad and who has written and published works of literary value is eligible for membership of the Norwegian Authors´ Union.

§ 5 - Admission
Admission to the Union shall be based on an application submitted by the individual in question or on a written nomination submitted by a member. The application or nomination shall be submitted to Union´s administration, which shall present it to the Literary Council.
The Council´s decision shall be submitted to the Board of Directors and considered final if endorsed by the Board.
Applications from authors who have written and published works in a language the Literary Council does not feel competent to evaluate, will be passed on to the Board. The Board will appoint consultants who will evaluate the applicant´s works. The Board will make its final decision on the basis of the consultants´ reports. Where there is disagreement between the Council and the Board, the Board may - and shall if the Council so requests - put the question before the Annual General Meeting, accompanied by information about the conclusions of the Board and Council. The question shall subsequently be decided without discussion, cf. § 25. Once an applicant has been approved for admission, the Board of Directors shall issue an invitation for him/her to become a member of the Union.
Any unsuccessful applicant may request an explanation from the Literary Council.

§ 6 - Dues and membership cards
The dues shall be set by the Annual General Meeting. Upon reaching the age of 67, members shall become fully entitled lifetime members and no longer be required to pay dues.
Members who are in arrears with their dues at the end of the calendar year shall no longer be considered members, and shall be apprised to that effect by the Board of Directors. Their membership rights will be restored when they pay their outstanding dues.
Members are entitled to a membership card and letters of introduction for use abroad, upon request.

§ 7 - Honorary members
Pursuant to proposals submitted by the Board of Directors within the ordinary deadline (cf. § 21), the Union may induct honorary members at the Annual General Meeting, cf. § 25.
The number of Norwegian honorary members ought not exceed three

§ 8 - Corresponding members
The Board of Directors may accept foreign authors as corresponding members. A corresponding member must have contributed to the dissemination of or to the body of knowledge about Norwegian literature abroad, or performed special services abroad for the Union or its individual members.

§ 9 - Suspension
On the basis of a well-grounded proposal from the Board of Directors or at least eight members, Annual General Meetings may, with at least a 3/4 majority, resolve to exclude for a shorter or longer period of time a member who disloyally obstructs the Union´s objectives.

Chapter 3: Administration of the union

§ 10 - The Board of Directors
The Board of Directors shall administrate and represent the Union in accordance with the Union´s objects. The chairperson, or a person authorised by the Board, shall authorise operating funds to be paid out to cover expenses. The Board of Directors shall consist of eight members.
The chairperson and deputy chairperson shall be elected separately. The term of office shall be two years. Four seats shall be up for election each year. Re-election is permitted.
The Board of Directors has a quorum when the chairperson or deputy chairperson and [at least] three other members are present. In case of a tie vote, the chairperson (or deputy chairperson) shall cast a double ballot. Minutes shall be kept of all Board meetings, and they shall be subject to the endorsement of the Board members who were present.
The Annual General Meeting shall stipulate the salary of the chairperson.

§ 11 - The Literary Council
The Literary Council shall serve as the Union´s panel of experts on all questions of a literary nature. The Council shall, at the Board´s behest, provide well-grounded statements and recommendations on questions of a literary nature.
The Literary Council shall consist of nine members. The term of office shall be two years. Four/five seats shall be up for election each year.
To ensure a reasonable distribution of responsibilities, no one may be elected for more than two consecutive terms. In connection with elections, efforts should be made to achieve a well-rounded Council in terms of Norwegian language preference, age and literary views. Both variations of Norwegian shall at all times be represented by at least three members of the Council.
Authors currently supported by ongoing grants or other similar benefits shall also be eligible for election.
Members of the Literary Council are not eligible to apply for grants. The Literary Council shall elect its own chairperson and deputy chairperson. The Council has a quorum when the chairperson or deputy chairperson and [at least] four other members are present. In the case of a tie vote, the chairperson (or deputy chairperson) shall cast a double ballot. The Council shall keep minutes. The minutes recorded at all Council meetings shall be subject to the approval of the Council members who were present. All Council decisions shall be forwarded to the Board immediately.

§ 12 - The Finance Committee
The Finance Committee shall manage the Union´s funds pursuant to a specially adopted resolution.
The Finance Committee shall consist of three members, the chairperson of the union and two officers who do not necessarily have to be members of the Union. The two officers are elected for six-year terms. One of the officer´s seats shall be up for election every third year.
The Finance Committee shall have a quorum when the Union´s chairperson and [at least] one officer are present.

§ 13 - Pledge of secrecy
All Union representatives shall pledge to prevent others from gaining access to or learning about any information of a personal nature which they may come across in the course of serving the Union. The pledge of secrecy shall continue to apply even when the person in question no longer holds Union office.

§ 14 - Disqualification
Members of the Board, the Literary Council or the Finance Committee shall not take part in deciding an issue in which they may be disqualified. A Union officer is disqualified when:

1. S/he is a party to the issue.
2. S/he is related or related by marriage to a party in a direct line of ascent or descent or in a lateral line as close as siblings.
3. S/he is or has been married to, cohabited with or engaged to a party, or been foster parent or foster child to a party.
4. S/he is employed by a public agency that is a party to the issue.

The person in question shall also be disqualified in the presence of other special conditions that could cast doubt on the person´s impartiality.
The person in question shall him/herself take the initiative to point out any circumstances which might disqualify him/her. In the event of a dispute, the Board of Directors, the Literary Council or the Finance Committee shall themselves decide whether disqualification applies. In such decisions, the person in question shall not be entitled to vote.

§ 15 - Election Committee
Every Annual General Meeting shall elect an Election Committee consisting of five members, one of whom must also be a member of the Board of Directors and one of whom should also be a member of the Literary Council.
The Election Committee shall submit its nominations at least one month prior to the next Annual General Meeting.

§ 16 - Examiners
Every Annual General Meeting shall elect two examiners. Examiners may only be elected from among previous Board members.
The examiners shall critically review the transactions of the Board of Directors and the Finance Committee. All the Union´s records and receipts shall be placed at their disposal for accomplishing this task.
The examiners shall report to the next Annual General Meeting.

§ 17 - Auditors
Every Annual General Meeting shall elect a state authorised auditor to review the accounts of the Board of Directors and Finance Committee and to report to the nest Annual General Meeting.

§ 18 - Secretariat
The Union´s Board of Directors shall appoint a salaried secretary and other personnel as are deemed essential for running the Union. These staff members need not be members of the Union, but the secretary should live in or near Oslo. The Literary Council and the Finance Committee may ask the secretariat for any assistance they might require.

Chapter 4: The right to vote and eligibility for election

§ 19 - The right to vote and eligibility for election
With the exception of corresponding members, all members who have paid their annual dues by the date of the Annual General Meeting at the latest (cf. § 6) are entitled to vote on all Union-related matters, and are eligible for election to any Union office, unless otherwise decided. Notwithstanding, the chairperson or deputy chairperson may not be a member of the Literary Council or vice versa.

§ 20 - Resignation from office
Officers of the Union should be relieved of office if they so petition an Annual General Meeting or a members´ meeting.
Members of the Board of Directors, the Literary Council, the Finance Committee and other elected officers are required to withdraw from office following any a well-grounded decision to that effect taken by an Annual General Meeting or a members´ meeting, cf., however, § 26.
If a new election cannot be held immediately, a bye-election shall be arranged, cf. § 28.

Chapter 5: Annual general meetings and members´ meetings

§ 21 - Annual General Meetings
Annual general meetings shall be held by the end of the first quarter. The Annual General Meeting shall discuss:

1. The annual report.
2. The audited accounts.
3. The audited accounts.
4. Any proposals submitted.
5. The election of members to the Board of Directors, the Literary Council, the Finance Committee and Election Committee, as well as examiners and an auditor.

Notification of the Annual General Meeting shall be sent out at least five weeks in advance of the meeting. The notice shall contain a preliminary agenda for the meeting. The Election Committee´s nominations shall accompany the notice, cf. § 15.
At the latest 14 days prior to the Annual General Meeting, the Board of Directors shall send out information about what is scheduled to be discussed at the meeting. Requests for items to be entered on the agenda must be postmarked at least four weeks prior to the date of the meeting. When so demanded and when signed by at least five members within the deadline, nominations for the Board of Directors, the Literary Council and the Finance Committee shall be sent out along with the information about the issues to be discussed at the meeting.
tems sent in after the deadline pursuant to the sub-section five, or items brought up at the Annual General Meeting, may be discussed by the Annual General Meeting if 2/3 of those present are in favour of doing so. The Annual General Meeting shall elect its own rapporteur(s). Decisions of the Annual General Meeting shall be binding on the Board of Directors, cf., however, § 26.

§ 23 - Members’ meetings
Meetings of members shall be arranged when the Board of Directors deems it necessary or expedient, but at least once a year. Where at least 10 members submit a written request for a meeting of members, the Board of Directors shall arrange such a meeting within four weeks at the latest of the date on which the Board of Directors received the request.
At least three weeks´ notice shall be given prior to members´ meetings. The notice shall contain information about the items to be discussed.
Items proposed for discussion at members´ meetings shall be postmarked at least two weeks prior to the date of the meeting. The Board of Directors may list proposals on the agenda to the extent this is found practical. At the beginning of the meeting, the Board of Directors shall brief the members about the proposals submitted in connection with the meeting
Items received after the deadline referred to in the third sub-section, items not listed on the agenda by the Board of Directors, or items that arise in the course of the members´ meeting shall be discussed if the meeting so decides by popular majority.
The members´ meeting shall elect its own rapporteur(s). Decisions of members´ meetings are not binding on the Board of Directors, cf., however, § 26.

§ 24 - Elections
All elections shall be decided by a popular majority of the votes cast. Blank ballots shall not be counted in calculating the majority. All elections shall be based on written ballots in closed envelopes.
Where there are more than two candidates for the office of chairperson or deputy chairperson and none of the candidates achieves a popular majority on the first ballot, a second ballot shall be arranged between the two candidates who received the most votes.
Absentee ballots may be cast by proxy for all elections. No member may be authorised to cast more than one - 1 - proxy vote. Proxy authorisations shall be submitted and approved prior to the elections.
The meeting shall elect a committee of at least two members to check proxy authorisations and count the votes.

§ 25 - Other votes
Votes on proposals to refuse to approve the accounts, a demand that a member of the Board of Directors, the Literary Council or the Finance Committee shall resign (cf. § 19), the admission of a member or honorary member (cf. §§ 5 and 7), or the suspension of a member (cf. § 9) shall take place by written ballot in closed envelopes.
Proposals for declarations to be made by an Annual General Meeting or members´ meeting, or by other meetings arranged under the auspices of the Union, shall be submitted in writing and made available to all those present at the meeting before any decision may be taken on the proposal in question.
The meeting may decide the appropriate form of voting on other matters, although individual members present at the meeting may demand a written ballot. Blank (abstaining) ballots shall not be counted when calculating the majority. The meeting shall elect a committee consisting of at least two members to check the ballots.

§ 26 - Referendums
Within eight days after an Annual General Meeting or a members’ meeting has adopted a decision, the decision shall be sent out for a secret written ballot among the members with a 14-day deadline for the casting of ballots. The Board shall initiate such a vote within 14 days after the decision was taken when so requested by at least 10 members. Election results may not be sent out for referendum. Authorisation to sign binding agreements on behalf of the members beyond the authorisation ensuing from § 3, sub-section 1, may be assigned by a decision of the Annual General Meeting, or the Board can send such a proposal out for a referendum.
The Board is required to make the results of negotiations or arbitration known to the members as soon as possible. When so requested by 25 members within 14 days of the date on which the Board’s decision was communicated to the members, an extraordinary general meeting shall be convened. This general meeting shall deal exclusively with the decision that was announced.
Decisions made by referendum are binding on the Board. Where a decision adopted by an Annual General Meeting is sent out for referendum, it is the outcome of the referendum which shall be binding.

§ 27 - New elections, extraordinary general meetings
Where the chairperson resigns pursuant to the provisions of § 20 or for other reasons, the deputy chairperson shall take over as chairperson until the next Annual General Meeting, when a new election will take place.
Where the deputy chairperson resigns pursuant to the provisions of § 20 or for other reasons, a bye-election shall be arranged pursuant to the provisions of § 28. The newly elected deputy chairperson shall serve until the next Annual General Meeting, when a new election will take place.
Where both the chairperson and deputy chairperson resigns, or where so many of the Board´s members resign that the Board of Directors no longer has a quorum (cf. § 10), an extraordinary general meeting shall be convened. The only item on the agenda for such an extraordinary general meeting shall be a new election. The acting Election Committee shall submit nominations for a new Board to the extraordinary general meeting.
Where a referendum pursuant to § 26 is demanded in respect of the decision underlying the resignation, the result of this shall be made known before any extraordinary general meeting may be convened pursuant to sub-section three. The Board of Directors shall serve as an interim administration until such time as an extraordinary general meeting is arranged.

§ 28 - Bye-elections
Where an officer resigns pursuant to the provisions of § 20, or for other reasons, at an Annual General Meeting or meeting of members, a bye-election may be held at the same meeting.
n other cases where it is deemed expedient or necessary, the Board of Directors may convene a meeting of members pursuant to the provisions of § 23. At that members´ meeting a bye-election shall be held for the term of office remaining until the next election, when a new election will take place.
Where a referendum pursuant to § 26 is demanded in respect of the decision underlying the resignation, such a bye-election shall be considered provisional until the outcome of the referendum is known.
The Acting Election Committee shall make nominations for the bye-election when so requested by the Board of Directors.

§ 29 - Information to members
Resolutions and declarations made by Annual General Meetings or members´ meetings and important Board decisions shall be made known to the members as soon as possible. The vote count shall be made known at the same time.

Chapter 6: Amendments

§ 30 - Proposals for statutory amendments
Proposals for statutory amendments must be postmarked by 15 December at the latest if they are to be discussed at the next Annual General Meeting. Such proposals may only be decided by the Annual General Meeting, although a demand may be made to have resolutions taken by an Annual General Meeting sent to the members for a referendum pursuant to § 26.
To be passed, proposals for statutory amendments must receive a 2/3 majority.

Chapter 7: Dissolution

§ 31 - Decision to dissolve
A proposal to dissolve the Union must be adopted by a 2/3 majority at an Annual General Meeting in order to pass. It must subsequently be confirmed by a referendum in which at least 40 per cent of the members participate (cf. § 26), and it must receive a 3/4 majority of the votes
In the event the Union is dissolved, the dissolution resolution shall contain provisions to deal with the distribution of the Union´s funds.
The Norwegian Publishers Association
and
The Norwegian Authors Union
have entered into the following

Agreement regarding a standard contract for fictional literature

1. The parties agree that the terms and conditions in the enclosed Standard Contract for Fictional Literature shall apply as of 1 January 1992 to publishing agreements for fictional literature signed between members of the Norwegian Publishers Association and the Norwegian Authors Union.
2. The Standard Contract shall apply to the publication of fictional literature for adults in book form and in such other forms as are specified in the Standard Contract.
   With the exception of the provisions in the Standard Contract which apply to the re-publication of parts of the work, the Standard Contract shall not be directly applicable to the publication of anthologies of fictional literature, individual short stories, or other literary contributions to anthologies or similar publications.
3. As soon as a Publisher and Author agree on the publication of a work as mentioned above, they shall sign a written publishing agreement based on the terms and conditions laid down in the Standard Contract.
4. This Agreement regarding a Standard Contract for Fictional Literature is binding on the associations from the time it is signed, and may be terminated by either party with at least 12 months´ written notice.

Publishing agreements entered into before the termination deadline shall continue to be subject to the terms and conditions agreed between the Publisher and Author.
Two copies of the Agreement, one for each party.
Oslo, 16 October 1991
The Norwegian Publishers Association The Norwegian Authors Union

Audun Heskestad (sign)

Thorvald Steen (sign)

Enclosure: The Standard Contract for Fictional Literature

Referred to as the Publisher

and

referred to as the Author

have, under the terms and conditions specified below, entered into

A STANDARD CONTRACT FOR FICTIONAL LITERATURE

for the following work:

(title)

The following shall apply in respect of the publication:

1. The first edition will be printed in a print run of ........ copies.
2. The Author´s royalty shall be: .....................
3. The Author´s advance (minimum fee) in connection with the publication shall be: .............................
4. The book shall/shall not be registered in the Purchasing Scheme for New, Norwegian Fictional Literature (cross out the response that does not apply).

The Agreement shall be signed in two copies, one for each party.
(place), (date) (place), (date)

Publisher´s signature Author´s signature

Chapter 1. Scope of the Standard Contract

1.1 The Author shall assign to the Publisher the exclusive right, during the work´s period of protection, to produce, replicate and publish the work to which this agreement applies in any edition in book form.

1.2 The assignment of this right shall also apply to such other rights in the work as are mentioned in Chapter 3 of the Standard Contract.

1.3 Provided the parties agree that the Publisher shall have the right to act as the work´s agent abroad, a separate agreement shall be entered into on the terms and conditions that apply at any given time to agreements between the Norwegian Publishers Association and the Norwegian Authors Union.

1.4 Where the Publisher´s rights in the work under this contract are contingent on copyright-holders other than the Author, the Author shall so inform the Publisher before the contract is signed.

1.5 Where the parties agree that the book should be registered in the Purchasing Scheme for New, Norwegian Fictional Literature, the Author shall take the initiative to inform the Publisher of any other current publications that have been or will be registered in the Purchasing Scheme.

1.6 Where the Publisher wholly or partly assigns the above-mentioned rights to others or agrees that said rights may be exploited by others, the Publisher may demand consideration from the Third Party and/or from the Author. Prior to signing any agreement, the Author shall inform the Third Party of the Publisher´s right to consideration.

1.7 The Author shall retain the remaining rights in the work. In the light of the mutual loyalty and confidence established by the contract between Author and Publisher, it follows that the exploitation of the work shall entail a mutual obligation to keep the other party informed of any developments, and that the exploitation will not take place in any form which could damage the other party´s exploitation of its rights in the work.

Chapter 2. Publication in book form

2.1 Publication

2.1.1 The Publisher´s exclusive right pursuant to section 1.1 pertains to the first and subsequent print runs and editions, in the print number decided by the Publisher.

2.1.2 The first edition shall be published in the print number and at the time agreed with the Author, and within 18 months at the latest of the date on which the manuscript is delivered, ready for printing.

2.1.3 The Publisher shall advertise the book and in the customary way ensure that it is distributed in a manner appropriate to the nature of the work, prevailing market conditions and other circumstances. The Author shall be entitled to voice an opinion about the plans for marketing the book.

2.1.4 The Publisher shall stipulate and have the right to change the work´s retail price.

2.2 Certain new editions, etc.

2.2.1 Publication of the following editions shall be subject to the approval of the Author or his/her legal heirs:

1. Publication in book club editions. The term "book club edition" refers to editions published by a book club, and which clearly state that the book is a book club edition.
   Where the book club edition is not published by the original Publisher, remuneration to said Publisher shall be paid by the book club in question.
   The contract between the Author and the book club shall be subject to the approval of the Publisher.
   The Author shall not offer his/her work to a book club for publication, except when the parties have agreed on such a course of action in advance.
2. Re-printing in a cheap edition. The term cheap edition refers to re-printings for which the retail price constitutes a maximum of 2/3 of what retail price of the first edition would have been in the year in which the cheap edition is published.
3. Re-printings that call for linguistic or other revision of the work.
4. Re-printings of the whole or parts of the work in an anthology or other collected work, except where the Publisher has, pursuant to the law or another agreement, the right to do so without the consent of the Author.

2.2.2 The distribution of editions other than book club editions through book clubs shall also be subject to the approval of the Author, unless distribution is considered limited. The term "limited" refers to a print run of up to (and including) 1,000 copies. The Author shall be informed if distribution is limited.

2.2.3 Pursuant to 37 of the Copyright Act of 12 May 1961, fifteen years after the expiry of the year in which the Publisher first published the work, the Author shall have the right to include the work in an edition of his/her collected or selected works. However, such an edition must first be offered to the Publisher or, where the Author´s work has been published by different publishers, to the one he considers his/her primary Publisher.

2.2.3 Pursuant to 37 of the Copyright Act of 12 May 1961, fifteen years after the expiry of the year in which the Publisher first published the work, the Author shall have the right to include the work in an edition of his/her collected or selected works. However, such an edition must first be offered to the Publisher or, where the Author´s work has been published by different publishers, to the one he considers his/her primary Publisher.

2.3 New print runs
Unless otherwise agreed, when a new print run is commissioned less that one year after the last print run was published, the Author shall have a period of at least 4 weeks to undertake revisions which do not entail unreasonable costs (cf. section 5.1.3) or alter the nature of the work.

2.4 Manuscript
Unless otherwise agreed, when a new print run is commissioned less that one year after the last print run was published, the Author shall have a period of at least 4 weeks to undertake revisions which do not entail unreasonable costs (cf. section 5.1.3) or alter the nature of the work.

2.4.1 The manuscript, ready for printing, shall be delivered by the Author within the deadline agreed with the Publisher. Unless otherwise agreed, the term "ready for printing" shall refer to a manuscript delivered in typed form and complete insofar as content and form are concerned, so the Publisher does not incur addition work or expense in connection with correcting errors or ambiguities, re-typing, etc.

2.4.2 Where the work has been commissioned, its substance shall correspond to the work order.

2.4.3 The manuscript is the property of the Author and, unless otherwise agreed, shall be returned to the Author when no longer needed for production.

2.5 The appearance of the book - the copyright notice.

2.5.1 The Publisher has the right to decide how the book will look (graphic design, illustrations, binding, front cover, dust jacket) The rights in the design belong to the Publisher.

2.5.2 The Publisher shall to a reasonable extent follow any instructions given by the Author in the manuscript. The Author shall be kept informed about the design and given the opportunity to influence it.

2.5.3 Every copy of the book shall be marked with a copyright notice, as provided in Article III of the World Convention on Intellectual Property. The mark shall be a capital C in a circle, followed by the year in which the first edition was published and the name of the Publisher, and it shall be placed on the colophon page with at least one blank line above and below.

2.6 Proofreading
2.6.1 The Author shall have the right and obligation to proofread all print runs and editions without any additional remuneration.

2.6.2 Once the finished manuscript is delivered, the Author shall not undertake corrections which entail unreasonable costs (cf. section 5.1.3) or change the nature of the work without the consent of the Publisher.

2.6.3 The Author´s failure to return the proofs within 3 weeks, or within any other deadline agreed with the Publisher, will be taken as approval of the proofs. The Publisher may then allow the work to go to print once any typesetting errors have been corrected.

2.7 Surplus copies - complimentary copies.

2.7.1 The Publisher shall have the right to use a particular number of the copies published as complimentary copies for the Author, for critics, or for information or marketing purposes. Such copies are surplus copies and should - with the exception of the Author´s complimentary copies - be stamped or marked appropriately.

2.7.2 The surplus copies shall be counted in the print number stated on the printer´s statement. They shall constitute 300 copies of the first 5,000 copies (first and later editions, if any), 5% of the next 2,000 copies, then 2% of any additional copies.

2.7.3 The Author shall be entitled to receive 25 complimentary copies from the first print run, and 10 copies from each of the following printings and editions. If the book is printed in hard cover, the Author shall be entitled to receive hard cover complimentary copies.

2.8 The Authors fee
2.8.1 The Authors fee fee shall, with the exceptions stated below, be a 15% royalty on the first 5,000 copies, followed by a 20% royalty on the book´s sales price per sold copy in limp binding (the limp-bound price). No fee shall be paid for surplus copies used as described in section 2.7.1.

2.8.2 Where the book is sold in hard cover only, the limp-bound price shall be 85% of the price of the case-bound edition.

2.8.3 The above-mentioned fee provisions shall not apply to editions featuring many illustrations or an exceptional proportion of extra-textual enhancements, to editions as mentioned in section 2.2.1, to copies distributed through book clubs, to re-publications in new editions with a different or revised design from the first edition, or to the Author´s collected or selected works. In such cases, an agreement may also be made for a lump sum payment or per copy rate.

2.8.4 The Author shall be paid a minimum fee equal to 1/3 of the calculated royalty on the sale of the first edition. The minimum fee shall be paid as an advance on the publication.

2.8.5 Insofar as the book falls under the auspices of the agreement with the Norwegian Cultural Council regarding the State Purchasing Scheme for New, Norwegian Fictional Literature, the Purchasing Scheme´s regulations relating to the calculation and payment of fees shall apply.

2.8.6 Advance payments shall be deducted from the income earned from actual sales. The payment of remuneration and the deduction of the advance shall take place for one calendar year at a time, and at the latest by 31 August the year after the sales year (beginning the first year after the year of publication). However, the Author may demand up to half the estimated income earned from actual sales to be paid in advance by 1 April of the year following the sales year.

2.8.7 For discounted prices pursuant to the provisions laid down in section 2.9, the royalty rate shall be reduced in direct proportion to the sales price, but not to less than 7.5%. The same shall apply if remuneration has been set at a fixed per copy rate.

2.8.7 For discounted prices pursuant to the provisions laid down in section 2.9, the royalty rate shall be reduced in direct proportion to the sales price, but not to less than 7.5%. The same shall apply if remuneration has been set at a fixed per copy rate.

2.8.8 The Publisher shall no longer be obligated to pay remuneration when:

1. The number of copies in the Publisher´s inventory - including surplus copies - comes to 50 copies or less.
2. Ten years have passed since the publication of the last printed edition and sales during the past calendar year accounted for less than 5% of the last printed edition, or
3. The remaining inventory after discounting the price numbers less than 300 copies, and the discount price is less that 25% of the original sales price.
4. The Author purchases copies pursuant to the provisions in section 2.9.
5. The Author purchases copies pursuant to the provisions in section 2.9.

2.8.9 Where the work is re-printed during its period of protection, the remuneration obligation shall once again enter into force.

2.9 Discount sales
2.9.1 One year from the end of the year in which the first edition was printed, the Publisher may sell its remaining stocks at a discounted price.

2.9.2 The Author shall receive written notification of the planned discount sale and, within one month of the date of notification, be given the opportunity to purchase all or part of the remaining stock at the reduced price less the bookseller´s discount. Where the Publisher so desires, it may retain up to 50 copies (including surplus copies).

2.9.3 Where the Publisher´s remaining inventory after discounting numbers 50 copies or less, the Publisher shall have the right to decide whether the remaining stock should be discounted further, without notifying the Author.

2.9.4 Where the Publisher´s remaining inventory after discounting numbers more than 50 copies, the Author shall be notified before any further discounting or destruction is implemented and, within one month after the date of notification, the Author shall have the opportunity to purchase all or part of the remaining inventory at a price to be agreed between the parties.

2.9.5 Where the Publisher wishes to destroy the remaining inventory, the Author shall be offered the books free of charge, but s/he shall be required to pay any costs incurred in connection with the transfer. Where the Author has been notified that the remaining inventory will be destroyed and does not claim his/her right within one month, the remaining inventory may be destroyed without any further notice to the Author.

2.9.6 Copies that fall to the Author pursuant to sections 2.9.2 and 2.9.5 are for the Authors private use and may not be sold through established sales channels.

2.10 The Publisher´s obligation to provide statements.

2.10.1 For every printing, the Publisher shall without undue delay send the Author a written statement from the printers, or whoever otherwise replicates the work, covering the number of copies printed.

2.10.2 By 31 August of every calendar year in which commercial sales have taken place (sales year), the Publisher shall send a sales statement to the Author.

2.10.3 The sales statement for the period shall state the number of copies on inventory at the beginning of the year, the number printed, the size of the remaining inventory at the end of the year, the number of books sold and the Author´s remuneration less any advance that may have been paid. If the remaining inventory is wholly or partly discounted or destroyed during the period, the Publisher shall specify the number of copies involved and the discounted price, if any.

2.10.4 The Author may, within 3 months after receiving the printer´s statement or sales statement, demand verification by a state authorised public accountant stating that the sales statement is consistent with the Publisher´s accounts.

Chapter 3. Other rights

3.1 Newspapers, magazines, periodicals, etc.

3.1.1 The Publisher shall have the exclusive right to sign agreements on the Author´s behalf regarding the exploitation of the work through full or partial publication in newspapers, magazines, periodicals, etc.

3.1.2 A lower rate of remuneration or less favourable terms and conditions than those which must be considered usual or reasonable, shall not be agreed without the consent of the Author. Alternatively, such agreements may be made pending the Author´s approval.

3.1.3 The selection and use of excerpts shall take place after consultation with the Author and be loyal to the Author´s or work´s standing or distinctive character.

3.1.4 The Publisher´s commission shall be 25%, unless otherwise agreed.

3.1.5 Unless otherwise agreed, remuneration shall be paid to the Publisher. Calculation of the commission and payment to the Author shall be effected immediately and not more than 30 days after the Publisher has received payment.

3.2 Publication in electronic or similar form.

3.2.1 The Publisher shall have the exclusive right to store the work in its electronic data base and to publish the work in electronic or similar form, as well as the right to conclude agreements with others on behalf of the Author regarding such exploitation.

3.2.2 Publication of the work in electronic or similar form for remuneration shall be subject to the Author´s approval except in the event:

1. Said use is a link in marketing the work through bibliographical data bases, etc., or
2. Excerpts published in newspapers, magazines or periodicals are published through data bases containing the publication in question.

3.2.3 The selection and use of excerpts and summaries shall take place in consultation with the Author and be loyal to the Author´s or work´s standing and distinctive character.

3.2.4 The rate of remuneration and other terms and conditions shall be agreed between Publisher and Author. Ordinarily, 25% of any revenues shall fall to the Publisher and 75% to the Author, although a different arrangement may be agreed where reasonable. Otherwise, sections 3.1.2, 3.1.3 and 3.1.5 shall apply correspondingly.

3.3 Talking books
3.3.1 The Publisher has the exclusive right to publish the work as a talking book, on the terms and conditions which apply at any given time between the Norwegian Publishers Association and the Norwegian Authors Union.

3.3.2 Where the talking book is published by another Publisher, the [original] Publisher´s fee shall be paid by the talking book publisher.

3.4 Dramatisation
3.4.1 The Author shall not enter into an agreement for the dramatisation of the work without the consent of the Publisher.

3.4.2 Should such an agreement be concluded, the Publisher may demand remuneration from the producer in question, and it shall be commensurate with the Publisher´s efforts in connection with the work´s publication or other efforts.

Joint entry into the protocol
The parties both understand that the Publisher may make its consent contingent solely on financial consideration, not on other conditions in connection with the dramatisation. The parties also understand that any consideration demanded would be relatively modest compared with the consideration paid the Author.
Should this provision lead to the termination or re-negotiation of the Norwegian Authors Union´s agreement with film producers or broadcasting companies, either party may demand that this provision be re-negotiated without terminating the remainder of the agreement. In any event, negotiations concerning section 3.4 shall be opened two years after the Standard Contract has entered into force even where section 3.4 or the Standard Contract have not been terminated.

Chapter 4. Changing conditions

4.1 Where changes have occurred in artistic, political or other conditions which must perforce be assumed to prevent the Author or Publisher from publishing the work in its existing form, either party may demand that the work not be published in a new print run or edition, or that the work not be exploited in other forms covered by the standard contract. A written confirmation of the demand, containing specific grounds, may be required.

4.2 In such cases, the parties must agree before the work can be published in a revised edition in book form or other form.

Chapter 5. Breach of contract (default)

5.1 Breach of contract on the part of the Author

5.1.1 Where the manuscript is not delivered by the agreed deadline or in the condition mentioned in section 2.4.1 or 2.4.2, and the Author has not rectified the situation within one month after receiving written notice, or where the proofs are not returned within a reasonable period, the Publisher may abrogate the agreement.

5.1.2 Where the Publisher is forced to do additional work or incurs additional expenses in preparing the manuscript for press (see section 2.4.1), the Publisher - provided the Author has been notified before the work is begun or the expenses incurred - may demand that the loss be covered by the Author.

5.1.3 Where the Author makes such extensive changes in the work after it has been typeset that the Publisher´s correction costs exceed 10% of the original typesetting price, the Publisher may demand that the Author cover the cost overrun. In such case, the demand must be put forward within three months at the latest after the last proofs have been delivered.

5.2 Breach of contract on the part of the Publisher

5.2.1 Where the work has not been published within 18 months after the Author has delivered the finished manuscript, the Author may abrogate the contract.

5.2.2 The book shall be considered to be sold out from the Publisher when the Publisher has 50 copies or less left on inventory.

5.2.3 Where the book is sold out and at least five years have passed since the end of the year of the last print run, the Author may demand that the Publisher publish a new print run. If a new print run has not been published within six months after the Publisher has received said demand in writing, the Author may abrogate the agreement. Notwithstanding, such abrogation shall have no effect on:

1. The Publisher´s exploitation of the work in forms other than book form, which have been initiated by the Publisher prior to abrogation of the agreement. After abrogation of the agreement the Publisher shall not have the right to publish copies of the work in any form.
2. The Publisher´s rights according to agreements entered into prior to the time of abrogation regarding the assignment of all or some of the Publisher´s rights to a Third Party.
3. Agreements with Third Parties entered into by the Publisher on the Author´s behalf prior to abrogation of the contract.
4. Where the failure to meet the above-mentioned deadlines is due to the Author or to circumstances over which it is reasonable to assume the Publisher has no control, the Publisher may be given a reasonable extension of the deadlines.

5.2.4 Where the failure to meet the above-mentioned deadlines is due to the Author or to circumstances over which it is reasonable to assume the Publisher has no control, the Publisher may be given a reasonable extension of the deadlines.

5.2.5 Where all or part of the standard contract is abrogated, the rights in the work affected by the abrogation shall revert to the Author. In such case the Author may keep any fee s/he has received and demand consideration for estimated losses in excess of that fee which are due to negligence on the part of the Publisher or some one for whom the Publisher is responsible.

Chapter 6. Other provisions

6.1 With the exceptions ensuing from the provisions of the standard contract, the Publisher may only transfer its right in the work with the Author´s consent, or when the transfer is part of the sale of all or part of the publishing house.

6.2 The Publisher is free of its responsibilities in respect of the Author when the Author has given his/her consent to the transfer, or three months at the latest after the Author has received written notification of the transfer.

6.3 The Author´s responsibilities are of a personal nature and may not be assigned to others without the Publisher´s consent.

Membership criteria

An author who resides in Norway or is a Norwegian national residing abroad and who has written and published works of literary value is eligible for membership of the Norwegian Authors´ Union.