In Dagbladet on April 3, GRAMART's board, led by board member Harald Sommerstad, attacks TONO and claims that the organization does not protect its members' rights as it should. It is at best misunderstood, at worst fraudulent.
/ 06/04/2009 / codexThis case concerns plagiarism, and plagiarisms will most often involve conflicts of interest between members. If TONO were to take a position on one side in such cases, this would completely undermine the organization. TONO naturally understands the need for financial support in court proceedings, but believes that it is absurd to demand that TONO generally cover legal costs in plagiarism cases. This is the question that is at the heart of the case and the dispute.
TONO has 18000 Norwegian members and represents approximately 2 million foreign members. We cannot assume the legal responsibility for individual cases that members come up with, and especially not in plagiarism cases. This could lead to us financing cases where member stands against member. This is not desirable – and Gramart is aware of this. There is also no contractual obligation for TONO (through, for example, the management agreement) to take legal action in such cases.
The times TONO goes to court are when the cases involve the TONO collective, and when the case is of great principle, for example the Napster case where thousands of members' songs were illegally posted on the Internet for free download through hyperlinks. The case concerned determining whether the "hyperlink" was within or outside the author's exclusive right. TONO won the case in the Supreme Court.
Regarding this specific case, TONO has done everything we can within our mandates and networks to ensure that the flow of money for performances and record sales using this work does not go to anyone other than Ekblom, who is the author of the work. This was also confirmed by Sommerstad in a meeting with TONO last week.
TONO contacted its sister society in Poland, ZAIKS, in February 2008, and ensured that no payments would be made to anyone other than Ekblom for performances of the Circles work. Likewise, TONO and NCB, through active pressure in their channels, have ensured that no settlement for CD sales will be made to those who are incorrectly listed as authors when the CD was released in Poland. Dialogue between the companies at director level has also resulted in ZAIKS, TONO's sister organization in Poland, contacting the "thieves" and Ekblom's lawyer in Poland, to assess whether ZAIKS can assist in any other way, so that the case finds a speedy solution.
However, in both Poland and Norway, a court decision or an acknowledgement from those who have illegally used the music that they do not claim copyright in the work is required if there is to be a settlement to Ekblom. ZAIKS is working towards this, so that payment to Ekblom for the use that has been made can be made as soon as possible. However, this only includes remuneration for performance and CD sales, not compensation for theft and coverage of legal costs.
The TONO structure in all the countries we know of stipulates that compensation in plagiarism cases is not paid until there is a final judgment in the case, or until one of the parties has withdrawn their claim. We have registered that the case has been reported to the police in Poland and Sweden and are following the development of the case closely.
TONO's board has also – in two rounds (June 2008 and March 2009) – considered the Ekblom case and found that it could not provide financial guarantees for a legal process in Poland. An opposite outcome would represent a change in practice in TONO, which, in line with the requirement for equal treatment of members, would mean that other members would be able to demand similar support in similar cases, and where TONO would end up financing cases where member stands against member.
In a letter to the record company Universal in 2008, TONO demanded that the record company compensate Ekblom appropriately.
TONO finds it somewhat strange that Gramart is fronting such a case through the media, but does not want to speculate on the motives for it. As stated to Ballade last week, TONO thinks it indicates an unwise choice of weapons and opponents on Gramart's part, to promote a case to the press with such an angle. Today, there are many common causes, for example, finding solutions that reduce illegal file sharing, and a common front in the work on revising the new Copyright Act, precisely to ensure rights holders a proper remuneration for their creative efforts.
Oslo, April 3, 2009
Håkon Berge Cato StrømChairman of the Board CEO