Objections to Gramo's claims for remuneration and levy

1. An objector can base the objection on the following grounds:

1.1. The existence of the claim is disputed
and/or

1.2. Disagreement with the amount of remuneration and/or the criteria used to set it

2. An objection must include:

• the objector's name and organisation number
• invoice number (if relevant)
• which ground the objection concerns (point 1.1 and/or point 1.2 above)
• the reasons on which the objection is based

3. Gramo freezes the claim for three (3) weeks after the objection has been submitted.

While the claim is frozen, the objector may send further information to Gramo or choose to withdraw the objection. The address to use is klage@gramo.no

See the information about Gramo's legal basis below, with explanations. This is the legal basis on which Gramo will make a new decision. In its decision, Gramo will also consider all the grounds the objector has submitted.

4. If Gramo does not uphold the objection, the objector will receive a written explanation and information about the options for taking the matter further.

Information about Gramo's legal basis for claiming remuneration and/or levy in connection with objections

1. Introductory remarks

Gramo does not wish to overcomplicate its explanations. However, to avoid unnecessary disputes caused by uncertainty about which rights and provisions Gramo bases its practice on, the information must be correct. This also safeguards legal certainty. Rights management under the Copyright Act etc. is complicated and can be difficult to understand. You are welcome to seek external legal advice on the matter.

It is important to note that Gramo does not clear rights through private-law agreements, as TONO does, for example. Instead, Gramo claims remuneration and levy on the basis of statute. Gramo therefore only claims remuneration and/or levy for use of sound recordings that has already taken place. Permission is already given by law (compulsory licence or levy).

For the purposes of what follows, it is therefore essential to be aware of this difference between TONO and Gramo when you receive a claim from Gramo.

2. The legal basis for collection for Gramo and for the Fund for Performing Artists

2.1. Gramo – www.gramo.no

Gramo is approved by the Ministry of Culture as a collecting and distributing organisation under section 21 of the Norwegian Copyright Act for public performance and communication to the public of sound recordings. The approval does not apply to retransmission of broadcast sound recordings, or to sound recordings communicated in such a way that members of the public can choose the time and place of access. See https://lovdata.no/lov/2018-06-15-40/§21 (in Norwegian)

2.2. Fund for Performing Artists – www.ffuk.no

For sound recordings covered by the Act relating to a levy on public performance of performing artists' performances etc. (the 'Fund Act'), the Ministry of Culture and Equality has decided that Gramo shall collect this levy on behalf of the Fund for Performing Artists (FFUK). This levy comes in addition to the remuneration under section 21 of the Copyright Act. See https://lovdata.no/lov/1956-12-14-4/§3 (in Norwegian)

3. Use of sound recordings is subject to either remuneration or levy

In practice, when sound recordings are used in a way covered by section 21 of the Copyright Act or section 3 of the Fund Act, all sound recordings containing performing artists' performances of works or traditional cultural expressions are either subject to remuneration (section 21 of the Copyright Act) or subject to levy (section 3 of the Fund Act).

4. Most sound recordings contain music, but Gramo does not collect for rights in the music. That is done by TONO.

4.1. The most common type of work that is recorded is performing artists' performance of musical works, see section 2, second paragraph, letter d of the Copyright Act.

4.2. Neither Gramo nor FFUK can, on the basis of statute, claim remuneration or levy respectively for music. The rights in the music belong to the person or persons who created the work, the author (composer etc.).

4.3. In Norway, in this context, it is the collective management organisation TONO that manages the authors' rights in the music on a sound recording, when the recording is used in a way covered by section 21 of the Copyright Act or section 3 of the Fund Act (making it available to the public through public performance and communication to the public).

4.4. The legal basis Gramo uses to claim remuneration is linked directly to the sound recording itself, for its producer, and to the performances of the performing artists who perform the music on the recording. In other words, not the music (TONO).

5. Protected or unprotected sound recordings

Sound recordings covered by section 21 of the Copyright Act are called 'protected sound recordings'. Gramo collects remuneration for these. See point 2.1 above.

Sound recordings covered by section 3 of the Fund Act (for which Gramo collects levy on behalf of FFUK) are called 'unprotected sound recordings'. See point 2.2 above.

6. Objections to Gramo's decision on liability to pay remuneration and/or levy can be made on the following grounds:

6.1. The existence of the claim is disputed

The reason may be that no sound recordings are actually communicated or performed, or that the act (the communication or performance) is not covered by section 21 of the Copyright Act or section 3 of the Fund Act.

6.2. Disagreement with the amount of remuneration and/or the criteria used to set it

See section 28 of the Collective Management Act as guidance: https://lovdata.no/lov/2021-05-28-49/§28 (in Norwegian)

6.3. Ordinary court proceedings

Gramo's final decision on liability to pay remuneration, see point 6.1, can be brought before the ordinary courts.

6.4. Vederlagsnemnda (the Remuneration Tribunal)

A dispute about remuneration, see point 6.2, can be brought by Gramo or the music user before

Vederlagsnemnda, which can set the remuneration with binding effect, see section 62 of the Copyright Act. https://lovdata.no/lov/2018-06-15-40/§62 (in Norwegian)

6.5. Appeal to the Fund for Performing Artists (FFUK)

Gramo's final decision on liability to pay levy can be appealed to the board of FFUK under the rules of the Public Administration Act, as far as they apply, see section 7 of the Regulations on the management of the Fund for Performing Artists and on setting the levy for public performance of sound recordings that are not protected under the Copyright Act.

7. Gramo's deadlines for the objector after the final decision has been made

7.1. The objector must take the matter further within three (3) weeks of Gramo's final decision, see points 6.3 to 6.5 above. If this does not happen, Gramo will assume that the final decision stands and takes effect immediately.

7.2. Gramo also points out that the levy is an enforceable basis for attachment (utlegg) against anyone who is liable for it, see section 5, fifth paragraph of the Fund Act.

See also:

• Complaints (in Norwegian)
• For music users
• How Gramo works