Live concerts, church services and online training classes. Here you can see how to do it right, and at the same time help ensure that those who wrote the music are rightfully paid.
/ 30/03/2020 / Willy MartinsenLive online broadcasts have had their big breakthrough in Norway in the spring of 2020, even though TONO has been licensing such music use since the 90s. TONO wants to contribute knowledge about how to do everything right with regard to music rights, how to report music use to TONO, and so on. When you have read the questions and answers below, we hope you have found answers to any questions you may have.
Am I allowed to start a non-commercial live stream on Facebook where I perform my own music?
Yes, as a TONO member you can. TONO has an agreement with Facebook that gives them permission to perform TONO's repertoire live here as long as it is non-commercial. You can perform both your own music and the music of other TONO members.
Can I perform any music I want in a Facebook/YouTube live broadcast?
TONO practically manages the world repertoire in most areas, both on radio, TV, cinema, concerts and so on, but not on international digital platforms such as Facebook and YouTube. Here, some of TONO's sister societies and some international music publishers have chosen to license their repertoire on their own. TONO cannot therefore guarantee that the music will not be removed if you post music that TONO does not manage for these digital platforms.
Can I set up a live concert on Facebook and make money from it, for example via Vipps?
If you make money performing music on Facebook, your performance is in principle no longer non-commercial. You have income from concert activities, and which you will typically also have to tax. You may not be on a stage where the organizer has sold tickets – your stage is on the Internet, but copyright applies just the same. And as long as your performance generates income, it will not normally be covered by TONO's Facebook agreement. In the same way that you decide for yourself whether you want to make your home concert available online, the authors who have written the music have a statutory right to have a say in the matter. They have a right to a fair share of the income that is created even if the income comes as Vipps donations. Through the management contract with TONO, the authors have commissioned TONO to handle this in practice, and the money you pay to TONO for performing protected music is settled and paid to those who have written, and own, the songs. This arrangement also means that as a TONO member you receive TONO payments when others perform music you have written. Therefore, it is also important that you send us a report of the songs you have played.
How much does it cost to live stream a concert online?
TONO's tariff for music streaming, whether live or on demand, is 12% of gross revenue, whether the revenue comes from sponsorship, ticket revenue, voluntary Vipps donations or in other forms. To enter into an agreement that ensures proper payment to the creators, send an email to online@tono.no. NOTE! Also remember that all musical performances must be reported to TONO! If you are a TONO member, you can report by log in to My TONO. (Mark the report with POWER CONCERT)
If you are a music user (not a member), you can report by download and fill out this form, and sends it to nettkonsert@tono.no (Mark the report with POWER CONCERT)
In the case of a live stream, no synchronization fee shall be paid. However, if the concert is to be available afterwards, i.e. on-demand, a synchronization permit must be obtained. Recordings of corona concerts can be made available for one week for a fee of 500 kroner. If the concert is to be available for more than 7 days, the production must be arranged with TONO for this. Authors who make recordings of their own compositions available themselves do not need to pay synchronization fees.
I performed music in a Facebook/YouTube live broadcast, but the audio was removed. What is the reason for this?
TONO practically manages the world repertoire in most areas – radio, TV, cinema, concerts and so on. However, on international digital platforms such as Facebook and YouTube, TONO does not manage the entire world repertoire. If you experience that the audio has been removed by Facebook/YouTube, you have probably posted music that TONO does not manage and/or that Facebook/YouTube has not cleared directly. TONO does not ask Facebook or YouTube to remove music that we manage.
Why is Facebook (or Youtube) removing my music?
It is possible that Facebook itself has not cleared the rights to the musical work you are using, or that this musical work is licensed directly by publishers or foreign management organizations that have given Facebook restrictions on what they allow, e.g. that videos with the music must allow advertising, or that videos with the music cannot allow advertising. It may also be related to requirements that the video production itself be cleared separately before it is published. If you are going to create a video production for public publication, you must first clear the sound recording in the video production, often referred to as synchronization. When obtaining permission for synchronization, you will also be clarified who owns the rights and what kind of use they allow.
Do I need to have an agreement with TONO to be able to perform my own music directly on my own website?
As long as it is only your musical works, and you have control over your website and no payment is made, you do not need to obtain any license or pay fees to TONO. It is permissible to play your own songs on your own site.
As a private individual/musician, do I have to have an agreement with TONO to be able to perform music written by others live on my own website (not Facebook/YouTube)?
Yes. TONO's tariff is 12% of gross income if you have income from the concert, whether the income comes from sponsorship, ticket revenue, voluntary Vipps donations or other forms. If there is no income related to the concert, there will be a minimum fee of 300 kroner for a concert where you play other people's music. Also remember to submit a music report so that we have a basis when the money is to be paid out to the authors. NOTE! Also remember that all musical performances must be reported to TONO:
If you are a TONO member, you can report by log in to My TONO. (Mark the report with STRØMMEKONSERT
If you are a music user (not a member), you can report by download and fill out this form, and sends it to nettkonsert@tono.no (Mark the report with POWER CONCERT
What kind of agreement should companies and professionals have with TONO in order to organize live online concerts?
TONO's tariff is 12% of gross income, or 12% of budget if the concert has no income. Minimum remuneration can also be calculated based on the length of the concert and the number of viewers. Also remember to submit a music report so that we have a basis for when the money is to be paid out to the creators.
I am a TONO member and want to report what I played in my live online concert, where do I do that?
You can do this on Mitt TONO. If you are the "organizer" of the online concert, you can follow the points in the question below. If you are holding an online concert and don't know who the organizer is, it is quite possible that it is you.
I am the organizer of a live online concert, and I need to report and pay for this to the creators via TONO. What kind of information should I provide and where should I send the report?
We need the following information from you:
Here you have to look at who receives the money. The payment to TONO should be 12% of gross income, and if the income comes to a Vipps account, the person who has the Vipps account should take responsibility for the payment. The individual artist/musician should take responsibility for reporting their track list.
We are a congregation that wants to live stream church services and devotions online. Do we need to do anything about that?
In light of the Covid-19 situation, TONO is granting an exemption from ordinary licensing of online church services and other religious ceremonies from 1 January 2021 to 1 June 2021, or earlier if it becomes possible to arrange ordinary church services again by that time. The exemption includes the performance rights in live online church services as well as the synchronization rights in video recordings of the services that can be available online for up to 7 days. This means that TONO is continuing the exemption that NCB gave to congregations until 31 December 2020. Congregations that have entered into half-year agreements and paid for the first half of 2021 or paid for individual streaming church services from 1 January 2021, please contact TONO's Online Media department by email. online@tono.no for reimbursement of paid consideration.
Please note that congregations must report to TONO what is performed at all church services, even if they are only held online.