The Copyright Act
Last peer-reviewed July 16, 2026
Brief overview
The Copyright Act regulates copyright to text, images, audio, software and other works of authorship. As a starting point, the author has the exclusive right to produce copies of the work and make it available to the public.
The exclusive right also covers use in an altered form, including translation and other adaptation. The person who translates or adapts a work may acquire copyright to their version, but cannot exploit it in violation of the copyright to the original work.
The use of protected content in generative AI, machine translation, summarization, search solutions, datasets, or other automated processes may involve reproduction or adaptation. Whether the use is permitted must be assessed based on, among other things, the material used, how it was obtained, the agreements with the right holder, and whether a statutory exception applies.
Status – Prop. 41 LS (2025–2026)
On March 27, 2026, the Government submitted Prop. 41 LS (2025–2026) on the implementation of the Digital Markets Act and the NIS Directive. The proposal is still under consideration by the Storting and is not currently valid Norwegian law.
The proposal includes new rules on text and data mining, often abbreviated as TDM. The rules are based on Articles 3 and 4 of the Digital Single Market Directive.
One rule applies to text and data mining for scientific research conducted by research organizations and cultural heritage institutions with lawful access to the material. The second is a general rule for text and data mining of material to which the user has lawful access, provided that the right holder has not expressly reserved their rights. For content that is publicly available on the internet, such a reservation must be capable of being expressed in a machine-readable format.
The proposed rules may have implications for the development and training of AI systems, but do not imply a general permission to use all available content for AI training. Lawful access, reservation of rights, agreements, database rights, privacy, trade secrets, and the specific use must still be considered.
What regulates this
The Copyright Act regulates the author's exclusive right to produce copies of a work and make it available to the public. The exclusive right also includes translation and other adaptation.
The Act further regulates moral rights, the protection of related rights, extended collective licenses, and various limitations on copyright.
Prop. 41 LS (2025–2026) proposes new rules on text and data mining that may have particular significance for the analysis of large text corpora, the development of datasets, and the training of AI systems. The proposal is under review and is not current law.
Who is affected
Public sector supplier
Public sector
Private sector
Why it has practical significance
AI and language tools can copy, analyze, translate, summarize, or process protected material. This applies to content that employees input into a tool, material used to develop or customize a solution, and results that are published or used further.
Just because content is available on the internet does not automatically mean the business can use it for all purposes. The business must assess the basis for rights, licenses, terms of use, and how the provider can use the content.
The proposed TDM rules may provide a clearer basis for certain forms of computational analysis, but will be subject to conditions and must not be treated as a general permission for AI training.
Key Requirements and Obligations
- Determine whether the material to be used is protected by copyright.
- Assess whether the use involves copying, translation, adaptation, or making available to the public.
- Ensure an agreement, license, or other legal basis when the use is covered by the right holder's exclusive right.
- Respect naming requirements and protection against offensive alterations or use.
- Clarify what rights the business has to material produced by employees, consultants, and suppliers.
- Check if suppliers of AI and language tools can store, reuse, or use the material for model training.
- Document sources, licenses, terms of use, and any reservation of rights for material included in datasets or automated processes.
- Differentiate between current Norwegian law and the proposed TDM rules in Prop. 41 LS (2025–2026).
What the business may consider documenting
- Map which work processes use protected text, images, audio, software, or databases in AI and language tools.
- Establish rules for which sources, licenses, and content types can be used for translation, summarization, analysis, and model adaptation.
- Check supplier terms for storage, reuse, model training, and ownership of results.
- Establish procedures for registering sources, permissions, license terms, and any text and data mining opt-outs.
- Assess human control before AI-generated or machine-translated material is published or distributed.
- Obtain a specific legal assessment before large content collections are used for training, fine-tuning, or evaluation of AI models.
- Prepare routines to detect and respect reservations of rights if the proposed TDM rules are adopted.
- Follow the processing of Prop. 41 LS and update internal rules once the Storting has processed the proposal and an entry into force date has been set.
Sources and Further Reading
- Primary official source
- Prop. 41 LS (2025–2026) – The Government's Proposition
- Prop. 41 LS – Chapter on text and data mining
- The Storting – hearing and status for Prop. 41 LS (2025–2026)
- Digital Single Market Directive (EU) 2019/790 – EUR-Lex
The links point to external sources. Check the current text and status before using them in your own work.
