New procedures for reviewing works

From 1 January 2009, no music scores, sound recordings or similar should be submitted as attachments to the notification. However, in cases of doubt, TONO reserves the right to obtain documentation of the work after receiving a notification of a work. This is to ensure that notified works have the status of works in accordance with the Copyright Act and to ensure that existing music/text has not been used without permission. Until now, there has been a requirement to submit documentation of the work for notified works with a playing time of more than 15 minutes. This requirement will be removed from 2009 and is related to how the settlement value of a performance is calculated in the new settlement model.

Permissions must be in place before a work is reported to TONO, and the copyright holders must have agreed in advance how the shares in the work will be distributed. Reporting of works is based on trust between TONO and its members, and we do not normally request copies of such permissions/agreements. However, we do require documentation of permission in the following cases:

The term of protection for a work lasts 70 years after the death of the author.

We also reserve the right to request copies of permits in cases where a claim is disputed by the original copyright holders.

If you have works performed in 2008 that you would like to be assessed or that have not yet been reported, documentation of the work and any review of the work must be sent to TONO by February 1. Reviews with attached documentation received after this deadline will be registered without an assessment of weighting group. 

Please note that this only applies to works that have been performed in 2008. Notifications of works that will be performed in 2009 or later must not include documentation of the work.

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