For 90 years, TONO has fought for copyright – in court, in public debate and in the face of new technology.
/ 18/05/2018 / Willy MartinsenFor 90 years, TONO has fought for copyright – in court, in public debate and in the face of new technology.
– A colleague in our American sister organization once told me that in a company like ours, you either stay for a short time or you stay there for life. At least I'm still here, says TONO CEO, Cato Strøm.
He joined TONO as a young lawyer in 1983, and has been CEO since 1989.
– I've asked myself what drives me. Is it the music? Or the idea behind TONO? I've come to the conclusion that it's the idea. What we're working on at TONO makes a lot of sense, he continues.
Since its inception in 1928, TONO has had to deal with a society undergoing enormous change and technological development. From the first radio broadcasts to TV, the vinyl record and the CD. From broadcasting monopoly to media diversity and streaming.
But there is one common thread that follows TONO from 1928.
– Our story is always about one thing – namely protecting the creators and copyright. At the same time, it is also about ensuring that there are good conditions for both creating music and enjoying music in Norway, says Strøm.
He continues:
– Our job, simply put, is to ensure that composers are paid what they deserve, that their rights to the work are protected and that the framework conditions are as favorable to the authors as possible at all times.
During more than 30 years in TONO, Strøm has been involved in some of the biggest upheavals in Norwegian music history. This also means some of the toughest battles TONO has fought.
– I started at TONO at the same time as one of the biggest turning points in Norwegian media history. In 1982, NRK's media monopoly collapsed. Technology was, even then, the big driver. With satellite broadcasts, it became difficult to maintain the Norwegian broadcasting monopoly, which had been the hub of Norwegian music and cultural dissemination since 1933. In just a few years, we had a
media explosion in Norway, which brought with it a rights struggle, but also better financial conditions for the authors, he says. Throughout TONO's history, technology has been ahead. The LP record, the CD and the internet are just a few examples of new technology that have each in their own way changed the way we consume music. And as technological innovations have emerged, TONO has had to be on the spot to ensure that the authors' interests are safeguarded in the new reality. This means making sure that the map – the legal framework – is adapted to the terrain.
More than once, this has meant legal cases that have gone all the way to the Supreme Court. Both the so-called "link case" against Napster.no in 2005, the Pirate Bay case against Telenor in 2009 and the ongoing case against RiksTV are examples of TONO taking the legal route to try fundamentally important cases legally.
The cases have in common that they are about protecting the rights of authors in the face of new technology – and holding distributors responsible for what they share or provide access to.
– Trying something legally is enormously resource-intensive. More than the individual composer can afford.
"That's why we have to be there and fight on fundamentally important issues on behalf of all the authors – and for those who come in the future. It's one way to ensure that we always have a legal foundation that is in the best interests of the authors," Strøm explains.
But ensuring that we always have good copyright law is also a question of ongoing political influence and public education. In times of high temperatures.
– Many people probably remember when Lars Sponheim's sheep was stolen by Norwegian musicians in 2007. It was a demonstration of what property rights are, and that they also apply to the abstract – like music. There was also the campaign "Piracy is a crime" from 2006. There was a lot of media noise around it, but we were able to focus on a problem that you could quickly see applied to all kinds of rights in the digitalized world. Namely: shouldn't the authors get paid?
Power continues:
– The result of the rights struggles in the infancy of the internet was that we managed to achieve long-term political and public understanding that property rights also apply online. And that legal services were established. ITunes was first out, then they came in droves, with Spotify being the best known, he says.
He adds that the Nordic region has been at the forefront of embracing the legal way to consume music digitally, and he does not believe it is a coincidence that Spotify was established in Sweden.
So what is the reason why TONO and the collective management model have survived 90 years of political and technological upheaval?
- Darwinism, Strøm philosophizes.
– Those who adapt are those who survive. I think we have always managed to be adaptable and embrace change. That's what those who create music have done for years. They have always been at the forefront of using and exploiting new technological possibilities for the betterment of the art.
The TONO director believes that copyright is constantly under pressure. That is why TONO's role as a watchdog is more important than ever. He is thinking in particular of giants like Facebook and Youtube that hide behind being a "neutral" platform.
– More than 50 percent of Facebook's revenue comes from creative and artistic content. It is unreasonable that they should be able to do this without paying for it. But we believe that this problem will be addressed through an EU directive during the year. I also feel that there is political understanding both in Norway and abroad for these giants to be held accountable to copyright holders, concludes Strøm.