Can I administer my own music?

As a member of TONO, you authorise TONO to license all public performance, transmission and recording of your music. However, you are still entitled to mange your music yourself in certain areas.

Non-commercial use

If your music is performed at an event to raise money for charity, you may give permission for the non-commercial use of your musical works. The following conditions must be met:

• It does not matter who uses your music, but the specific activity must:
  • Be organised by non-profit interests (humanitarian, political, religious).
  • Be non-commercial and not in competition with other suppliers in a market.
  • Be clearly distinguished from the performer’s regular professional activities, if relevant.
• You must notify TONO at medlem@tono.no before you grant any such licence.
• You may license only your own musical works or your own shares in musical works.
• The licence must be granted without payment from the user.
• The licence is valid for one year. If the licence period is extended, you must notify TONO again, so that we can assess whether the use is still non-commercial.

Synchronisation

NCB/TONO practise self-management in certain areas relating to synchronisation, see www.ncb.dk for specific terms and conditions, or contact NCB at av.no@ncb.dk or +45 33 36 87 00.

Music on your own website

You may self-manage the use of your own music on your own website.  Contact  medlem@tono.no if you have any questions about this.

Library works

Since January 2016, TONO has offered its members the opportunity to manage production music (also known as library music) themselves. Self-management applies to the mechanical rights areas synchronisation and copying.

This means that our members can themselves negotiate prices with production companies that make use of libraries of musical works created specifically for film, television, radio and advertising.

Library music is not disseminated to the general public, but is normally made available to production companies that are at liberty to choose which musical works they would like to use, in an audiovisual production, for example.

Definition of library music
Library music is defined as follows: An uncommissioned musical work that is released solely for non-exclusive use in audio and audiovisual productions.
The musical work is created primarily for use by production companies and various enterprises that may use the work as background music in their own audio and visual productions.

How to register a work as library music
The musical works are first registered with TONO in the usual way.
Then you must submit an application form stating which works you wish to transfer back to your own administration.

The works will be marked as Library (LIB) in our systems. This means that they will be exempt from NCB’s ordinary mechanical rights administration.

It is important to be aware of the following points:
•  Self-management applies only to synchronisation and copying. This means that their public performance will continue to be managed and licensed by TONO.
•  If a work has several rights holders, all of them must apply for self-management of the work in question before it can be considered library music.
•  The works must first be registered with TONO in the usual way before an application for self-management is submitted.

Download the application form HERE.
The completed form must be sent to MEDLEM@TONO.NO

Rights categories

In principle, TONO’s members place the management of all rights categories in TONO’s hands. However, rights holders may also manage one or more categories themselves (see the list below). Withdrawal from a rights category will include the use of all the member’s works in that particular category.  It is not possible to withdraw individual works or works published by a particular publisher from TONO’s administration.

If a TONO member wishes the use of their works in one or more categories to be administered outside TONO, the works concerned will not be covered by TONO’s agreements with our customers, and the member will therefore not receive payment through TONO for any use in these categories. Nor will TONO be able to assist the member in the event of non-payment, etc., in relation to categories administered outside TONO.

Deadline
Any TONO member wishing to withdraw categories from TONO’s administration, must notify TONO of this no less than six months before the end of a calendar year. For example, if the categories are to be withdrawn from TONO’s administration with effect from 1 January 2024, the member must notify TONO of this no later than 30 June 2023.

Categories
The individual European collective rights societies may define their own categories. In practice, this means that they will vary from country to country. TONO’s rights categories are:

1. Recording on audio media
   “Phono-mechanical”, e.g. the use of recorded music in CD or LP releases.
2. Recording on audiovisual media
   “AV-mechanical”, e.g. the use of music in DVD releases and games.
3. Synchronisation
   The use of music in a way that synchronises sound and moving images, e.g. when music is used in a film or TV production.
4. Ordinary public performances
   E.g. the use of music in connection with concerts and film showings. This also covers background music.
5. Radio and TV broadcasts
   E.g. the use of music in radio and TV programmes broadcast from Norway, as well as subsequent distribution of those radio and TV broadcasts. Also covers retransmission on cable TV.Please note that the agreement between TONO and NRK functions as a general licensing agreement. Read more about this below.

6. Online
   E.g. the use of music on streaming channels.

Areas covered by general licensing agreements
In areas where a general licensing agreement has been entered into, it will not be possible to withdraw rights from TONO’s administration. This type of licence means that an colletive management organisation enters into a general agreement on behalf of all rights holders within a rights area, an arrangement regulated by the Norwegian Copyright Act. TONO’s agreement with NRK contains a general licensing element, as do the agreements entered into via Norwaco (TV distribution, NRK-Arkiv, etc.).

Grand rights

The performance of original works of musical drama, or musical works performed on a stage in a dramatic setting (opera, ballet, musical theatre, etc.) are not subject to TONO’s administration. Read more about the special provisions relating to grand rights here: https://www.tono.no/en/faq-items/what-is-the-difference-between-grand-and-small-rights/

If you have any questions about the administration of rights outside TONO, contact us at medlem@tono.no, or phone +47 22 05 72 00.