Infringement Claims Summary
Following extensive consultation with members we have improved the copyright policy that deals with infringements claims.
The following changes come into effect from 1 January 2008:
• Members making new infringement claims will now have to provide an independent musicologist’s report. This must state that there is enough of a similarity between two pieces of music to support legal action.
• The time limits that applied to infringements claims will be removed: o members will be able to notify us of an alleged infringement at any time o there will be no time limit for the suspense of new claims (previously was 2 years)
• Suspense for current infringement claims will still expire as per the previous policy, unless:
o agreed otherwise by all parties, or
o the claimant has produced a musicologists report, or
o the claimant has issued a legal claim against the alleged infringer
What is an infringement claim?
An infringement claim is where one person alleges that another has infringed the copyright in their music.
Infringement Rules
The rules are not intended to resolve the dispute of copyright infringement and the Alliance cannot decide the merits of the claim or the rights and wrongs of the situation.
Members are encouraged to resolve matters themselves if possible. Members should always make the other party aware of the infringement before contacting the Alliance.
Please note that the Courts will expect members to share information and seek to resolve matters without recourse to legal action where possible.
On acceptance of sufficient information to support an infringement claim the Alliance will suspend distributions of the royalties owed to the infringing work until a resolution is found.
The rules take effect from 1 January 2008.
They apply to both infringement claims made on or after that date (New Claims) and deal with the transitional arrangements for claims being dealt with by us before that date (Existing Claims).
Making A Claim
If a member cannot resolve the issue directly with the other party, then to make a claim you must complete the following steps:
Step 1 – Obtain a musicologists report supporting the infringement claim.
This report must state that there is enough of a similarity between the pieces of music to support legal action.
(The Music Publishers Association (MPA) can provide its members with information about musicologists who are working in the UK)
Step 2 - Write to us providing:
• The musicologist report supporting the claim or the Legal Claim along with:-
o Name of the infringing work
o Identity of the alleged infringer
o Name of the work that is being infringed
o The nature of the infringement (music, lyrics or both)
o The amount of disputed share
o Information about when the infringement took place
Our Role
Upon submission of the infringement claim with the supporting musicologist report, we will:
• Suspend distributions of the disputed share
• Send copies of all documents to the alleged infringer (with the exception of the musicologist report)
• Notify the alleged infringer that the royalties are in suspense along with the date this occurred and the disputed share.
We will remain impartial throughout the process.
Royalties will be suspended until the parties or the Courts agree a resolution.
Resolving Infringement Disputes
A share can come out of 'suspense' if any of the following take place:
• Both parties notify us that the dispute has been resolved and inform who should receive the disputed share
• We receive a Court Order detailing resolution of the dispute.
Royalties will be paid in accordance with the outcome of the dispute, once a work has come out of suspense.
It is the responsibility of the parties involved in the dispute to account for any royalties paid out before the date on which distributions were suspended.
Works In Suspense
• Clearance will be granted under the terms of our standard licensing schemes.
• If the express consent of the member is required for the disputed work, we will request permission from every member who is party to the dispute.
Detailed 2008 rules governing Infringement Claims
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.