Dispute and Duplicate Claims Summary
Following extensive consultation with members we have improved the copyright policy that deals with dispute and duplicate claims.
The following changes come into effect from 1 January 2008:
• Writers’ Signatures will be required to support 'Authorship' claims
• Additional Supporting documents will not be required where all parties agree it is an 'Authorship Share' dispute. (ie where parties agree identity of authors, but not their shares).
• Direction Letters (subject to certain criteria) will be acceptable as supporting documentation.
What is a Duplicate Claim and how does it become a Dispute?
A duplicate claim is when one or more members dispute the ownership of a piece of music. The information below shows the process by which the duplicate claim may become a dispute.
Duplicate Claims
Upon receipt of a new claim which is in conflict with an existing claim, you will be advised that you need to provide supporting documentation within 90 days. If this is not provided we will be unable to take action.
If documentation is provided, the existing conflicting claim will be suspended. The existing claimant will be contacted in writing and asked to provide their supporting documentation. This must be received within 90 days of the date of the letter.
For a definition of the supporting documents required depends on the nature of the dispute so please refer to Clause 6 of the Rules Governing Disputes and Duplicate Claims.
Outcomes
There are three possible outcomes:
1) If the existing claimant fails to supply supporting documentation, we will amend the registration in favour of the new claimant.
2) If the existing claimant does supply documentation the duplicate claim will be upgraded to a dispute.
3) If all parties agree on the identity of the writers of a piece of music but dispute how much of the piece each party is responsible for (i.e. it is an 'Authorship Share' dispute), then no supporting documentation is required and the duplicate claim will be upgraded to a dispute.
Disputes
Disputes occur when both parties provide sufficient supporting documentation to support their claim. In this instance we will suspend any royalties of the disputed shares or work.
A duplicate claim can also be upgraded to a dispute:
• If it is requested in writing by both claimants
• If it is subject to legal proceedings
Catalogue Disputes
Duplicate claims or disputes concerning an entire catalogue of music will be dealt with in a similar way. The only exception is that the time period for providing supporting documentation is reduced to 21 days.
If a publisher makes a claim regarding an unpublished work their claim will be accepted unless the writer disputes it.
Track Your Claims Online
You can manage your dispute and duplicate claims online and can track the progress of your claim through to a resolution. This ensures the process is a smooth and straightforward one.
View our Manage Duplicate Claims Demo
Log-in or register for Online Services
Works In Dispute
• Licences will be granted under the terms of our standard licensing schemes.
• If the prior approval for MCPS clearance is required for the disputed work, we will request permission from every MCPS member who is party to the dispute.
• Any royalties collected will be held in a Dispute Account until resolution of the conflict. Details of royalties in the account can be supplied on request.
Resolving Disputes
Disputes can be resolved if:
• All parties inform us of a settlement.
• We receive a copy of a Court Order stating the dispute has been resolved.
Once the conflict has been resolved all royalties held in suspense will be paid out.
Further Information
2008 Rules Governing Duplicate Claims and Disputes
NB. This summary is for guidance only and does not form part of the Rules themselves. Please refer to the Rules when determining whether a particular claim falls within their remit and to make sure you are familiar with the procedures that need to be followed.
The MCPS-PRS Alliance will facilitate the resolution the resolution rather than become involved in the process.
This policy is only applicable when all claimants are members of either MCPS or PRS or an affiliated society. Non-member claimants must issue private legal proceedings.
The rules of this policy are subject to orders of the court and independent arbitrators.
The MCPS-PRS Alliance cannot and does not undertake to make any judgement as to whether a particular claim or claimant has a more legitimate case than the other. Once in dispute, royalties for the work (or disputed share) are placed in suspense.
