The DSM and SatCab directives in Norway – the public consultation regarding their implementation is now open

Due to Norway’s status as a non-EU member, and instead member of the European Economic Area (the EEA), implementation of the Directives is delayed compared to the rest of the EU. For comparison, the original deadline for the implementation of the DSM Directive in the EU was 7 June 2021.

Some of the proposed amendments to the Norwegian Copyright Act include:

• New obligations for providers of online content sharing platforms (such as Youtube, Facebook etc.) to prevent copyright infringement on their platforms. Failure to comply with these obligations will result in the provider of the platform becoming liable for end-users’ copyright infringements.
• Regulation concerning text and data mining, which is highly relevant in the context of using copyright-protected works to train AI models. Subject to certain conditions, the Directive stipulates a general right to use works for the purposes of text and data mining, unless the rightsholder choose to opt-out.
• Regulation of contractual provisions for the benefit of authors, including a contract adjustment mechanism to ensure reasonable remuneration for authors; a transparency obligation entitling authors to information about how their works are exploited where such rights are assigned; a right of revocation where copyright has been transferred and there is a lack of exploitation of the rights, and alternative dispute resolution procedures.
• New regulation concerning extended collective licensing (ECL). ECLs have existed in Norway since the 1960s. According to the Ministry, the current ECL regulation is largely in line with the Directive’s requirements, although some adjustments are necessary.

The consultation period is open until 15 March 2024. During this period, all interested stakeholders are invited to comment on the proposal. Following the consultation period, the Ministry will prepare a legislative proposition.

The consultation paper is available here.