TONO has established rights categories. The categories are valid from 2022, and form the basis for which areas TONO will manage on behalf of its members.
/ 12/12/2022 / Willy MartinsenFor many years, TONO has allowed members to manage entire categories of rights outside TONO. Based on EU legislation, TONO is implementing an arrangement where TONO and each individual member agree which categories of rights TONO has the mandate to manage on behalf of the member.
An extraction of a rights category will include all of the member's works in the relevant rights category. It is not possible to extract management at the work level or, for example, works from a specific publisher.
If a TONO member wishes to have the works within one or more categories handled outside TONO, the works will not be covered by TONO's agreements with our customers, and the member will therefore not receive payment via TONO for these categories. TONO will also not be able to assist the member in cases of non-payment, etc. in categories handled outside TONO.
If a TONO member wishes to withdraw categories from TONO's management, this must be done with six months' notice before the end of a calendar year. For example, if the categories are to be removed from TONO's management with effect from 1 January 2024, the member must notify TONO of this no later than 30 June 2023.
Individual European collective management societies can, under EU law, determine their own categories, which in practice means that they will vary from country to country. The six categories now adopted by TONO's board are manageable within TONO's systems for work notification and settlement:
1. Recording on audio media
"Phonogram-mechanical", for example when using music on CD and LP releases.
2. Recording on audiovisual media
"AV-mechanical", for example when using music in DVD releases and games.
3. Synchronization
The use of music in a way that juxtaposes sound and moving images, for example when music is used in a film or television production.
4. General public performance
For example, when using music for concerts and cinema screenings. Also covers background music.
5. Broadcasting on radio and television
For example, when using music in broadcasts on radio and TV stations broadcasting from Norway, as well as further distribution of radio and TV broadcasts. Also covers cable TV, "retransmission".
Please note that the agreement between TONO and NRK has the effect of a contractual license. Read more about this below.
6. Internet
For example, when using music on streaming services.
In areas where agreements have been entered into with contractual licensing effect, it will not be possible to remove the rights from TONO's management. This type of license means that a management company enters into an agreement on behalf of all rights holders within a rights area, and the arrangement is regulated in the Copyright Act. This includes contractual licensing on TONO's agreement with NRK and on the agreements entered into through Norwaco (TV distribution, NRK Archives, etc.).
There are also specific other areas of use that can be handled outside TONO. This applies within synchronization, where NCB/TONO practices self-management in certain areas. See ncb.dk for further details, or contact us at av.no@ncb.dk or +45 33 36 87 00. The option for self-management also includes music on your own website, production music/library works and self-licensing for non-commercial use. See updated overview here.
With the establishment of the rights categories, TONO has also included these in the terms and conditions for entering into membership.