TONO SA - Ingrid acted in the team for TONO in a copyright dispute against a Norwegian TV distributor. The case concerns a claim for compensation for lack of clearance of copyright protected music works in 25 TV channels which the distributor receives from foreign broadcasters and submits to its subscribers in Norway. The case involves complex issues regarding multi-territorial licensing, the interpretation of a previous Norwegian Supreme Court judgement and the impact of practice from the European Court of Justice regarding the Copyright Directive Article 3 ("Communication to the public").
TONO prevailed on all points in the District Court and in the Appeal Court. The case was appealed to the Supreme Court. Like the lower courts, the Supreme Court rejected the distributor's arguments and found that the distributor was responsible for clearing the use of copyright protected works.
Associate, Oslo, Thommessen
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University of Bergen