Using music » Public performing of music

Public performing of music

The law. The law requires You to pay remumeration, when you perform publicly phonograms (recorded music, for instance cd's or radio).   In accordance with the Copyright Act, remuneration is payable to artists performing on a phonogram, and to the producers of the phonogram, when recorded music is performed in public.

Remuneration for the use of phonograms in radio and television broadcasts has been payable since 1961, other public performances were included in the remit of remunerable rights in 1991.

In Your service. To facilitate collection of fees, artists and producers entitled to remuneration have passed the control of their right to a special common control society. The copyright society of performing artists and producers of phonograms in Finland is Gramex. Your legal duty is conveniently discharged by payment of fees to Gramex.

A public performance includes the playing of phonogram music in premises or events open to the public. A fee is payable for the performance of music in e.g. restaurants, shops, public transport, hairdressers and public events.

Also non-profit. Originally, remunerations were collected only for music used for profit making purposes. As from 1995, the duty of remuneration has also included public corporations, such as district councils and parishes, and other non-profit making organizations.

To pay performing fees for playing music, he or she must enter into a performing remuneration agreement with Gramex. The agreement may be made either by ordering the agreement forms from Gramex office (09) 6803 4027, 6803 4014, or by contacting your own area representative.

The amount of the fee payable in public events is determined by whether the use of phonogram music is primary (e.g. a disco or other related events), of whether it is used as interval of background music; whether an entrance fee is charged at the event, and the maximum number of people permitted in the premises. In the case of an open-air event, the organizer himself must estimate the number of participants.

Regardless of the source. Music may be performed through radio, television, CD or casette player, computer, etc. It should be remembered that a fee is payable for all performing of phonogram music, regardless of the source of the music. Nor does it make any difference how many listeners the performance attracts at a time; it could be a case of a mass event attracting tens of thousands, or a doctor"s surgery with a single listener.

Music videos and DVD"s.  Permission to perform music videos must be sought from video producers. They are represented by IFPI Finland, which has appointed Gramex to draw up agreements and to collect remunerations for the performance of videos in public places. 

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