A disagreement over payment of remuneration to the composers led TONO to sue the Oslo Philharmonic in the Oslo District Court this spring. Today, the verdict was in the Oslo Philharmonic's favor. – We are surprised that the verdict was not in the composers' favor, and will appeal the verdict, says TONO CEO Cato Strøm.
/ 04/09/2021 / Willy Martinsen– We deeply disagree with the court's assessments and conclusions, and will now use the appeal period to assess the basis for taking the judgment further in the legal system. Since the 1960s and until recently, TONO and the Oslo Philharmonic have used a remuneration model that TONO still believes is right for the area. Unfortunately, in recent years we have experienced a strong reluctance from OFO to pay the composers what we believe is a reasonable remuneration under the Copyright Act, says Cato Strøm.
It has been a central point in TONO's argument that the Oslo Philharmonic's finances are so largely financed by government subsidies that this must be taken into account in the remuneration paid to composers because ticket prices are heavily subsidized.
– If this judgment were to stand, it would make rights clearance administratively much more complex, resource-intensive and thus also more expensive. We can hardly let this stand as a final judgment, says Cato Strøm.
TONO Chairman Jørgen Karlstrøm is also disappointed:
– We are very surprised that the Oslo District Court ignores the fact that it is the state subsidies that allow the Oslo Philharmonic to keep ticket prices low, and thereby keep down payments to composers. Composers are such a central role in the Oslo Philharmonic's cultural value creation that it is natural that a share of the state subsidy is also used as a basis for the performance fee. We experience that composers are pressured on many fronts, and we believe that this goes against the principle of composers' right to a fair remuneration, says Karlstrøm.
Read related articles:
TONO issues summons against the Oslo Philharmonic:
https://www.tono.no/tono-tar-ut-stevning-mot-oslo-filharmonien/
TONO and the Oslo Philharmonic in Oslo District Court:
https://www.tono.no/tono-og-oslo-filharmonien-i-oslo-tingrett/
Also read related story in Klassekampen: "This is about our livelihood"
https://klassekampen.no/utgave/2021-04-14/saksoker-oslo-orkester