Complete victory for TONO in the EU Court of Justice

On Friday, April 12, 2013, the European Court of Justice ruled that the Norwegian music industry can retain its current licensing model for its own works. The ruling applies to the use of performance rights in the areas of online, satellite broadcasting and cable retransmission.

TONO and 21 other rights organizations have been in a dispute with the European Commission since 2000. The dispute has been related to the reciprocity agreements between the European rights organizations and the delimitations in these agreements of national mandate areas for licensing performance rights in the areas of online, satellite broadcasting and cable retransmission.

While the European Commission has argued that the national mandate areas are the result of concerted action and prevent multi-territorial licensing, the organisations have maintained that the delimitations of national mandate areas have legal and rational reasons. The European Court of Justice has now upheld the organisations' position.

TONO has thus prevailed on all points that were appealed.

TONO – and the Nordic rights organisations – have also highlighted to the Commission and the Court of Justice the Nordic licensing model which precisely facilitates the issuance of multi-territorial licenses, i.e. licenses covering several Nordic and Baltic countries. The Court notes that the Commission did not sufficiently take the Nordic model into account in its assessment of whether the current licensing model is due to illegal coordination.

The ruling is of social importance because it helps to provide good framework conditions for those who write the music that society benefits from. The opportunity to have a fair income and good framework conditions also means that the next generation of music creators will have the opportunity to continue to enrich society with new music.

Cato Strøm, CEO TONO, mob.: 922 16 319, e-mail: Willy Martinsen, Communications Manager TONO, mob. 909 65 254,