When you borrow someone else's music

One of the great things about a song is that it can be performed over and over again. Music is meant to be used, shared, and borrowed, but remember that the owners of the song you are using have the rights. Here are the rules for cover songs.

 / 20/05/2022 /

There is no limit to how many times a song can be recorded or performed live. A new recording can at best add a new dimension to a song. And audiences love to see their favorite songs performed on stage – even when the people on stage are not the ones who wrote the song.

Borrowing music written by someone else is usually called a cover.

The great thing about music is that you can borrow any works from any songwriter, composer, lyricist or music creator – call it whatever you want.

But, as in life, when you borrow someone else's property, you must treat it with respect. The use of other people's music is regulated by the Copyright Act, and there are a number of rules that come with this.

Below we have made a list of what you can and cannot do when using other people's music.

Rules for cover songs on 1-2-3

Here are answers to some common questions about cover songs and the use of other people's music.

If you have questions that are not answered here, please contact medlem@tono.noThe list below is updated continuously.

Can I play someone else's music live at a concert?

Yes, you can perform music written by others at a concert without special permission.

This is because most music creators are members of TONO, or a foreign collective management company. In that case, TONO grants permission on their behalf.

The performance must be faithful to the original work. You must also remember to report it to TONO, so that the person or people who own the song get their money.

Can I record a song written by someone else?

Yes, you can make recordings of music written by others without asking for special permission, as long as there is at least one other previously published recording of the work.

The recording must be faithful to the original work. You cannot register your recording as a new work in TONO. The songwriter's fees paid by TONO when your recording is used must go in full to those who wrote the song.

Can I make money by "covering" someone else's music?

You cannot receive TONO payments for borrowing someone else's music. TONO always pays the songwriters who own the music when it is used. If you perform or record and release music owned by someone else, it is important that you report to TONO and give credit to the original music creators so they get their money.

If you release a recording of a song owned by others, and it is streamed on a streaming service or played on the radio, you may receive payments in connection with your master rights. Streaming services usually pay these out automatically. To receive payments as a master owner in connection with radio play, you must be a member of Gramo.

Can I change the lyrics or melody of a song written by someone else?

No, not without special permission. If you want to make changes to the work, such as changing the lyrics, translating, changing the melody or anything else, you must have permission from the people who wrote the music, and their music publishers, if any.

Even if you are given permission to make changes, you cannot register your version in TONO unless this has been agreed upon with those who wrote the music.

Can I translate a song written by someone else?

No, not without special permission. If you wish to translate the text of a work into another language, you must have permission from the composers of the music, and their music publishers, if any.

Even if you receive permission, you cannot register the translation in TONO unless this has been agreed upon with those who wrote the music.

Can I use parts of someone else's song in my new song?

No, not without specific permission. If you want to use a part of an existing work, such as a verse or chorus, or a part of a recording of a work, such as a guitar solo or hook, you must have permission from the people who wrote the music, and their music publishers, if any.

There are no exceptions to this rule. Regardless of whether what you want to use is part of the song's lyrics and melody, or a piece of the recording: As long as the element you want to use is borrow is recognizable, you must have permission.

When you register your new work that uses parts of someone else's work in TONO, you must also have permission to do so. If you get it, you must agree with the people who wrote the music you are borrowing about what percentage ownership in your work they should have.

Can I make an arrangement of music written by someone else?

No, not without permission. If you want to make an arrangement of music owned by others, you must have permission from the people who wrote the music, and their music publishers, if any.

Even if you receive permission, you cannot register the event in TONO unless this has been agreed upon with those who wrote the music.

Remember that you must report to TONO, and state the original music creators, when your event is performed, unless otherwise agreed.

What does it mean that music has fallen into the open? What can I do with such music?

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 falls into the open. Expressions like Public Domain, Public Domain (DP), traditional og public property is also used, and means the same thing.

You are basically free to use such music as you wish. You can freely adapt, change, arrange and borrow from such music. free works.

You can also register arrangements of free works, or new works that contain parts of free works, in TONO.

Some additional information

In some musical traditions the word is not used cover about performing other people's music.

In orchestral music, classical music and band music, for example, the works are written to be performed by an ensemble consisting of people other than the composer himself. Therefore, we do not like to say that the Bergen Philharmonic Orchestra cover Edvard Grieg. Although the same rules apply.

In folk music, the music often lives independently of the composer, and the term cover is rarely used. However, newly composed folk music should be treated in the same way as pop songs when it comes to rights.

The principle is always the same. As long as you play a piece of music that was written by a person who died less than 70 years ago, you must adhere to the same rules.

Remember that you must always report the use of other people's music to TONO.

Get in touch

If you have questions that are not answered here, please contact medlem@tono.noThe list below is updated continuously.

Photo: Kristian Dugstad / TONO