The new Finnish Act on collective management of copyright enables you to grant licences for non-commercial use of your works. However, a collective management organisation (such as Teosto) managing your rights may set conditions on the exercise of this right.
Teosto has specified conditions concerning the non-commercial licences to be granted by its rightholder customers. These conditions are based on Teosto's commission from its customers to collect remuneration for music usage licences, respecting the equality of customers, protecting the rights and interests of the customers, and efficient management of rights.
Teosto's conditions for granting licences for non-commercial use
A licence for non-commercial use must always come personally from the music author. Teosto, another customer, or any other party cannot grant the permission on your behalf. You must also personally ensure that other rightholders, the licensee, and Teosto are notified as necessary.
Non-commercial licence: content, terms and conditions
A licence for non-commercial use can be granted for a specific music use event or situation (e.g. live performance). The event or situation must be outlined and specified when granting the licence. A non-commercial licence cannot, therefore, be permanent or general but it always has to be case-specific.
When granting a non-commercial licence, the author must itemise the works covered by the licence. The permission does not cover any other use of the works.
A licence for non-commercial use must be gratuitous, which means that you cannot ask for or receive direct or indirect compensation for the permission you have granted. If you are utilising Creative Commons licences or similar operating models for granting a licence for non-commercial use, the terms and conditions of such a licensing arrangement must only enable the non-commercial use of the work.
Notifying other rightholders
When considering granting a licence for non-commercial use, you must take into account any other rightholders of the works covered by the licence. The authors of a joint work, for example, have a joint copyright to the work. A work is joint when the parts of the writers are not independent works (e.g. when a work has two composers). The parts of a collective work, in turn, are separate and their writers have independent rights to their respective parts (e.g. composition and lyrics).
The publisher of the work may also have the right to stipulate the use of the work under a publishing agreement. If your works entail rights of other rightholder customers of Teosto, you must inform them of your intention to grant a licence for non-commercial use and of their right to decide on granting the corresponding permission for their own part.
Notifying the licensee
When granting a licence for non-commercial use, you must inform the licensee that the permission only concerns your works and your rights related to those works. The permission you have granted will not apply to any other works potentially used in the music use event or situation in question.
Accordingly, you must notify the licensee of the following policy conducted by Teosto: Any utilisation of works by Teosto rightholder customers in the music use event or situation in question shall be covered by Teosto’s general licensing scheme insofar as the licensee has not received a permission for non-commercial use from such other Teosto rightholder customers. A licence granted for non-commercial use does not remove or limit the music user's duty to report the use of the works to Teosto.
You must personally notify Teosto of any licence for non-commercial use you have granted before the use event or situation covered by the permission or five days after it at the latest. The notification shall be made with the attached form.
The notification requirement cannot be transferred to another Teosto customer, the licensee, or any third party.