Quotation rights, sampling and second limits. There are many myths about how you can use other people's music without paying for it – but they are rarely true. TONO clears up the misunderstandings.
/ 13/06/2022 / Kristian DugstadYou've probably been in a situation where you want to use someone's music.
You want to play a few seconds of the song you're talking about in a podcast. You want music in a video clip you're going to upload online. You've found a perfect groove that you want to sample in a song you're making. But can you do it?
– Many people would like to use music without paying for it. TONO is constantly contacted with questions about how many seconds one can use before it costs money, or whether a specific use is within the right of quotation. This is largely based on myths and misunderstandings, says Deputy Director of TONO, Svein Korshamn.
Fortunately for those who make a living from making music, copyright law is clear. There are almost no possibilities to circumvent the economic rights of music creators.
In Norway, copyright is enshrined in the Copyright Act. Anyone who is going to use music must, in principle, have permission from those who created the music. To use the world repertoire managed by TONO, you must have permission from TONO, and the money you pay is passed on to the music creators.
You can read more about the Copyright Act and copyright here.
However, there is a section in the Copyright Act that allows you to use an intellectual property without asking for permission – and thus also without paying.
– Unfortunately, the paragraph is misunderstood by some to mean that one is free to quote from, for example, a song. This is a misinterpretation, says Korshamn.
The parsimonious wording in § 29 Quote is "It is permissible to quote from a published work in accordance with good practice and to the extent required by the purpose."
Section 29 does not provide a clear prescription for what is legal and what is not, and it may have a broader effect than it actually is, says Korshamn.
Here we will try to give some rules of thumb on what is included in good manners og to the extent required by the purpose.
– The purpose of the right to quote is primarily to ensure freedom of discussion and exchange of opinions. It is relevant when it comes to research, teaching, news reporting and scientific articles, and in practice can rarely be invoked as a basis for quoting from other people's musical works without paying for it, says Svein Korshamn.
Perhaps the most persistent myth about free music is that you can use a certain number of seconds before you have to pay for it. This is not true.
– There are many variations of the myth, and where it comes from is difficult to say. The starting point is that the music should be licensed, no matter how little is used, if the conditions for quotation rights or other so-called lending rules are not met, says Korshamn.
The Copyright Act and international conventions, agreements and regulations protect music that is composed and written by people who are alive or died less than 70 years ago.
– Music written by composers and lyricists who died more than 70 years ago is falling into disrepair, says Korshamn.
Terms such as Public Domain, Domain Publique (DP), traditional and public property are also used, and mean the same thing.
You are basically free to quote from such music, as long as you cite the source and credit the author.
– Remember, however, that you still need to clarify the use of modern recordings of free works. Even though you can quote Edvard Grieg, you still have to clear the recording rights if you want to use the Bodø Domkor's performance of By Rondane from 1997, he concludes.
