'- Some say it's cool that such a scheme exists. Others react negatively, say Kjartan T. Lode and Martin Halla, who are travelling inspectors for TONO and Gramo.
/ 31/05/2016 / Willy Martinsen
TONO is the management organization of those who write and own musical works, and facilitates public performance in all forms of their music. Gramo, on the other hand, is the remuneration agency for musicians, artists and record companies, and here it concerns exclusively the public performance of recorded music. In other words, the two organizations represent different professional and rights holder groups.
However, in some areas TONO and Gramo have overlapping interests: When recorded music is used in public spaces. We are mainly talking about shops, restaurants, pubs, hotels, broadcasters and so on. Then the companies that use the music must have an agreement with both TONO and Gramo.
– Both TONO and Gramo spend a lot of time and effort capturing music use in the public space, and when we find companies that have not yet secured a TONO and Gramo agreement, we contact them. First in the form of a pleasant information letter, but if we do not receive a response, the inspectors travel out and meet with them. The scheme works well, and provides important income for members of TONO and Gramo, says Tommy Tangløkken, Marketing Manager at TONO.
The inspectors are formally employed by Gramo, but the arrangement is a collaboration between the two organizations, and they thus also represent both organizations in their outreach activities.
– We are probably mostly involved in collecting and systematizing information in databases. If we find companies that are not yet TONO and Gramo customers, but who are likely to use music, we send out an information letter asking them to contact us to make an agreement. If we do not receive a response, we visit them and have a pleasant chat about how they should deal with current legislation on music use, says Kjartan T. Lode, one of the two inspectors.
And then Lode, together with his inspector colleague Martin Halla, travels to clothing stores, shoe stores, hairdressers, gas stations, kiosks, etc. In total, there will be between 100 and 150 travel days during the course of a year.
– It is important to be out in the field and investigate whether music is being used. Many music users would otherwise have fallen through. Unfortunately, there are many in Norway who do not have sufficient knowledge about the rights of those who write and own recorded music, and it is our task to inform about this, and to ensure that those who use music pay TONO and Gramo for it, says Lode.
– The reactions are mostly positive. Some say it's cool that there is such a scheme, where public music use provides income to those who write, play and own recorded music. Others unfortunately react negatively, even though we explain that there are good intentions behind the scheme, says Martin Halla, who has been an inspector since January this year. Lode has worked at Gramo for 10 years.
– If you buy a CD for 175 kroner and play it at home for yourself, it is private use, but if you play it for 500,000 people in your store over the course of a year, it is something completely different. It is often something people understand. We also sometimes refer to the information you see at the beginning of films, which states that the film can only be shown privately. The same principle applies to the use of recorded music, says Halla.
Are you responsible for a business that wants to use music in customer premises or other public contexts? Then you must have an agreement with TONO and Gramo. TONO grants, on behalf of composers, lyricists and composers, permission for use in return for a fee based on the "Act on Copyright to Intellectual Property" of 12 May 1961, last amended by the Act of 23 June 1995. The TONO permit
gives the business the opportunity to use all the world's music, as it also covers foreign authors with management agreements with similar companies in their respective countries, a total of more than 2,5 million rights holders. For more information, see here: http://www.tono.no/kunder/
If you want to use recorded music, the business must also have an agreement with Gramo. This is based on Section 45 of the Norwegian Copyright Act. You do not have to ask Gramo for permission, but you are still legally obliged to pay Gramo for the use of the music. You can read more about Gramo's regulations here: http://www.gramo.no/om-gramo/hva-sier-loven/
Both TONO and Gramo are happy to provide you with the agreements you need to use music. Please contact TONO on 22 05 72 00 or marked@tono.no and Gramo on 22 00 77 77 or post@gramo.noWe look forward to hearing from you!