The word “copyright” can evoke anything from a yawn to a rolling eye to rage, depending on who you talk to. For those of you who make a living writing music on some level, it’s a fundamental right that gives you both control and an income.
/ 23/05/2014 / codexFrom TONO-News, no. 2 – 2013
The word “copyright” can evoke anything from a yawn to a rolling eye to rage, depending on who you talk to. For those of you who make a living writing music on some level, it’s a fundamental right that gives you both control and an income.
– I cannot be dependent on ministers of culture. I must have copyright, said musician and songwriter Ine Hoem during the panel debate at the member seminar TONO and the group associations organized at Ullevål on October 8. Not surprisingly, TONO's CEO Cato Strøm agrees:
– Copyright is absolutely fundamental. Without it, there is little reason to invest time, money and effort in a creative process. It gives the creator the exclusive right to the intellectual work and the right to remuneration when it is used. Copyright has two sides: the economic side, which TONO manages for the copyright holders, and the ideal side, which you cannot write off. The latter gives you the right to stop the use of your musical work in contexts you do not agree with, typically in politics and religion, Strøm says.
The balance must be restored.
Copyright has been debated in recent years. The Internet revolution meant that the topic was suddenly on "everyone's" lips. The Digital Commission's report in January 2013 claimed that copyright was ripe for a softening so that it would be easier to establish new music services.
– We should not be accused of being an obstacle to the establishment of new pan-European services, that is something we support. For 10 years, we have licensed online service providers in a pan-Nordic collaboration with sister societies in the Nordic region, including the Baltics, through NCB in Denmark, and were the first in Europe with such cross-border licensing. We do not experience that music services have problems with copyright. On the contrary, negotiations are usually only about price. The Digit Committee's more or less stated claim that copyright is an obstacle to value creation has been thoroughly refuted by many quarters.
But there is no doubt that otherwise robust and technology-neutral copyright legislation has been challenged by technological developments:
– Online music distribution is a fantastic opportunity to spread music, but legislation has not quite kept up. Society and consumers have received a kind of incidental benefit over the past 15 years at the expense of the interests of copyright holders. It is the task of legislators to find the correct balance between society and the interests of copyright holders.
– Will the revision of the Copyright Act happen now in 2013?
– The revision will not bring about any revolution, but we expect it to contribute to creating a better balance between the interests of society and the interests of copyright holders. The contractual licensing arrangements must be strengthened in the interest of all parties.
Modernization is necessary
Strøm believes that new systems for dispute resolution must be introduced, and points out the disadvantage of the fact that disputes today must be resolved in the courts. Cases can take several years. This benefits no one, Strøm believes:
– Furthermore, courts can only rule retrospectively on a compensatory basis, and cannot rule with binding effect so that later disputes over compensation can be avoided. The legislator should address this in the upcoming legislative revision, says Strøm, and also believes that international legislation in this area lags behind in some areas:
– Internet service providers, the large telecommunications companies and not least Google/Youtube are challenging copyright, and today live under too strong liability protection through international e-commerce legislation. They are economic giants, but vis-à-vis the copyright holders' groups they live a protected existence. Making them liable for copyright actions is a long canvas to whitewash, but it may be forced forward, says Strøm.
Directive on the stairs
Things are happening in the EU, however. A new directive is on the way, and it is the management organizations that will now be regulated. In 2009, TONO itself, together with six other European sister societies, took the initiative with the EU Commission to draft such a directive.
– The directive places requirements on the management practices and regulations of the management companies. We believe that it will be useful for the companies' reputation, and for our legitimacy towards society, our customers, national and international authorities. If copyright is to function optimally, requirements must also be placed on the organizations that manage it. We are pleased that the directive has now been completed and negotiated in the EU bodies.