General distribution rules

Adopted by TONO’s Annual Meeting on 28 August 2024 

 

Allocation of Remuneration 

TONO shall allocate and distribute remuneration collected for the use of works it represents. 

Remuneration for the performance, communication to the public (making available), and reproduction (fixation) of works, which TONO is obligated to pay to rightsholders under its Articles of Association and management contracts, must be allocated securely and accurately in accordance with the approved distribution rules, and without undue delay. To the greatest extent possible, remuneration shall be distributed on an individual basis, based on the registered shares of the works.
 

Distribution shall occur within clearly defined distribution areas that aim to: 

  • Ensure allocation reflects the actual usage of the rights represented by TONO, 
  • Promote transparency in distribution principles, providing clarity, 
  • Simplify the administration of remuneration allocation and distribution. 

The net amount available for distribution within each area shall be determined after deducting administrative costs and contributions to cultural and social funds. 

Equal Treatment 

Equal usage and similar cases shall be treated equally, regardless of company affiliation, voting rights, membership of associations, or nationality. 

Distribution Based on Actual Usage 

Remuneration shall, to the greatest extent possible, be distributed to rightsholders based on the actual nature and extent of the usage of the work, relying on complete reporting data. Where the duration of usage is known, it shall form the basis for distribution. If the duration is unknown, the work’s playing time shall be used. In the absence of such data, a standard time shall be applied. 

Representativity 

Remuneration earned in a specific area shall be distributed within the same area. As a rule, the distribution basis shall rely on complete reporting of the music performed. In cases where it is impractical or disproportionately costly to obtain complete reporting data, one of the following methods may be applied: 

  • A statistical sample may, in exceptional cases, be used if the sampled repertoire is deemed to provide a representative overview of the overall repertoire. 
  • Where no distribution data is available, analogies may be drawn based on distribution data from comparable music usage. 

Decisions regarding what constitutes representative reporting data, as well as any adjustments or adaptations to the distribution of such remuneration, are made by the Board, taking into account accuracy, cost-efficiency, and transparency. Factors considered representative may include the nature and extent of music usage or other parameters underlying the licensing process. 

Undistributable Funds 

If TONO lacks sufficient information about the rightsholders of a work or adequate documentation of the work itself, it is obligated to take all reasonable and proportionate measures to identify the rightful recipients. Remuneration that cannot be distributed individually within three years after the end of the financial year in which the income was collected shall be classified as undistributable. Such funds may be allocated to cultural or policy-related purposes.