All works that meet the first performance criteria will automatically be allocated a special code when they are notified to TONO, and a special “first performance” distribution is calculated in December of the year following the first performance.
The first performance must have taken place in Norway within an area that meets the criteria. In principle, these areas are radio, television and concerts.
In some cases, a work is not entitled to a first performance supplement. These include:
- Performances of dramatical works (operas, operettas, musicals, ballets and plays). This is because we do not normally administer these rights.
- The category Private Copying, etc. This does not actually involve a first performance, but the reuse of material from radio/television for which royalties have previously been distributed.
- Free improvisation
- Signature tunes, jingles, trailers, vignette music, advertising spots, etc.
- New lyrics to existing music
Calculation of the first performance supplement is based on the royalty payable for the original performance. This amount is multiplied by a so-called “first performance factor”, which varies for each performance year.
With respect to the music used in TV series, we calculate the first performance supplement on the basis of the duration of the music in the series’ first episode.
If you wish to receive a first performance supplement over and above the first episode, documentation must be submitted to show that the overall duration of new composed music is longer (original music appearing for the first time in later episodes).
The maximum amount payable as a first performance supplement for a single work is NOK 75,000, with each rights holder entitled to receive no more than NOK 150,000 per accrual year.