Common use of General Clause in Contracts

General. 1.1 The Finnish Composers’ Copyright Society Teosto (here- inafter Teosto) is a collective management organisation as determined in the Act on the Collective Management of Copyright (1494/2016) representing authors of music. Based on its mandate from the authors directly and from reciprocal representation agreements, Teosto enters into agreements concerning the use of their works. 1.2 Under section 2 of the Copyright Act (404/1961), authors shall have exclusive rights to their works, meaning that the use of music requires the permission of the author or other rightholder. 1.3 The exclusive rights of music authors are transferred or assigned to ▇▇▇▇▇▇’▇ administration on the basis of agree- ments between Teosto and music authors and agreements between Teosto and other Finnish and foreign music right- holders in the manner and to the extent determined in the agreements (▇▇▇▇▇▇’▇ representation). 1.4 Under the Act, the following are exclusive rights of the author: a. making copies of the work • creating a copy of the work in whole or in part, directly or indirectly, temporarily or permanently, by any means and in any form, • transferring the work to a device using which it may be replayed (mechanical reproduction), b. making the work available to the public, e.g.: • communicating the work to the public over a connection by wire or wireless means, including the communication of the work in such a manner that members of the public may access the work from a place and at a time individu- ally chosen by them, • performing the work in public to an audience present at the performance, • offering copies of the work for sale, for rent or for loan, or otherwise distributing it to the public. 1.5 Performing and communicating the work to a compar- atively large, closed group of persons in connection with commercial activities shall also be considered a public performance and communication of the work to the public. 1.6 A licence from Teosto to perform a musical work shall not be required if the work is in the public domain, i.e. if copy- right protection on the work has expired or it is otherwise not covered by copyright, or if free use of the work is provid- ed for by law, or if ▇▇▇▇▇▇ does not represent the authors of the work in question. 1.7 These General Terms and Conditions, the agreement be- tween Teosto and a Customer, and a Teosto licence to use music shall apply only to the works represented by Teosto at any given time and only to the rights, contexts and modes of use of music use specifically agreed upon. A licence granted by Teosto therefore never covers for instance the rights of record producers or performing artists, nor does it entitle the licensee to use the lyrics of a musical work without the music relating to the same work. For such rights, contexts and modes of use of music use, the Customer must enter into a separate agreement as necessary. The agreement shall also not cover, for example, the music author’s moral rights, the use of the work in a political or pornographic con- text, nor the arrangement, translation or other adaptation of the work concerned.

General. 1.1 The Finnish Composers’ Copyright Society Teosto (here- inafter Teosto) is a collective management organisation as determined in the Act on the Collective Management of Copyright (1494/2016) representing authors of music. Based on its mandate from the authors directly and from reciprocal representation agreements, Teosto ▇▇▇▇▇▇ enters into agreements concerning the use of their works. 1.2 Under section 2 of the Copyright Act (404/1961), authors shall have exclusive rights to their works, meaning that the use of music requires the permission of the author or other rightholder. 1.3 The exclusive rights of music authors are transferred or assigned to ▇▇▇▇▇▇’▇ administration on the basis of agree- ments between Teosto and music authors and agreements between Teosto and other Finnish and foreign music right- holders in the manner and to the extent determined in the agreements (▇▇▇▇▇▇’▇ representation). 1.4 Under the Act, the following are exclusive rights of the author: a. making copies of the work • creating a copy of the work in whole or in part, directly or indirectly, temporarily or permanently, by any means and in any form, • transferring the work to a device using which it may be replayed (mechanical reproduction), b. making the work available to the public, e.g.: • communicating the work to the public over a connection by wire or wireless means, including the communication of the work in such a manner that members of the public may access the work from a place and at a time individu- ally chosen by them, • performing the work in public to an audience present at the performance, • offering copies of the work for sale, for rent or for loan, or otherwise distributing it to the public. 1.5 Performing and communicating the work to a compar- atively large, closed group of persons in connection with commercial activities shall also be considered a public performance and communication of the work to the public. 1.6 A licence from Teosto to perform a musical work shall not be required if the work is in the public domain, i.e. if copy- right protection on the work has expired or it is otherwise not covered by copyright, or if free use of the work is provid- ed for by law, or if ▇▇▇▇▇▇ does not represent the authors of the work in question. 1.7 These General Terms and Conditions, the agreement be- tween Teosto and a Customer, and a Teosto licence to use music shall apply only to the works represented by Teosto at any given time and only to the rights, contexts and modes of use of music use specifically agreed upon. A licence granted by Teosto ▇▇▇▇▇▇ therefore never covers for instance the rights of record producers or performing artists, nor does it entitle the licensee to use the lyrics of a musical work without the music relating to the same work. For such rights, contexts and modes of use of music use, the Customer must enter into a separate agreement as necessary. The agreement shall also not cover, for example, the music author’s moral rights, the use of the work in a political or pornographic con- text, nor the arrangement, translation or other adaptation of the work concerned.