Counter claims arise when multiple parties assert conflicting claims over the same musical work. These conflicts often stem from disagreements about song splits or ownership. As a result, the total shares of a song might exceed 100%. To manage and resolve these disputes effectively, it’s crucial to understand the types of counter claims.
Types of Counter Claims
- Author Share Dispute: In this case, all parties agree on the song’s authorship but disagree on how to allocate shares among co-writers. The focus here is on determining the correct percentage of ownership for each writer.
- Authorship Dispute: This dispute centers on who the actual authors of the song are. Parties may disagree on who should be credited as the original creator.
- Ownership Dispute: Here, the parties agree on authorship and share distribution but disagree over who currently owns or controls the shares. This dispute often involves Reversionary Rights, complicating the claim process.
Identifying Conflicts
Conflicting claims automatically trigger alerts when there are dual registrations or disputes over a song. However, clients aren’t always notified directly. Instead, collection societies inform the involved publishers, who then must notify their clients. For instance, if Songtrust receives a notification that another entity, like Sony Music, is claiming the same catalog, we halt the registration of new works for that client until the dispute is resolved. This delay can impact royalty payments and create administrative challenges.
For Songtrust clients, an email with the subject line “CONFLICT – (song title)” indicates that immediate action is required. Addressing these emails promptly is vital to resolving disputes and avoiding interruptions in royalty collection.
Strategies for Resolving Counter Claims
To efficiently resolve counter claims, use these strategies:
- Document Song Splits: Always document and sign split sheets that outline the division of shares among co-writers. This documentation serves as crucial evidence in resolving disputes. Ensure each co-writer signs the sheet, and include the song title and agreed-upon splits. For a sample split sheet template, you can reach out for assistance.
- Retain Proof of Termination from Previous Publishers: When ending a relationship with a publisher, obtain and keep a termination confirmation, such as an email or a Letter of Relinquishment (LOR). This proof shows that the old publisher no longer administers your works. A Letter of Direction (LOD) may not suffice unless it’s dated after the termination.
- Understand Your Agreements: Before signing any publishing agreement, thoroughly review the terms. Ensure you understand the rights and obligations involved. Confirm whether you retain any rights or if they’re being transferred, and keep written documentation for your records.
Conclusion
Counter claims in music publishing can pose significant challenges. However, you can manage and resolve these disputes with a proactive approach. By maintaining thorough documentation, responding promptly to conflict notifications, and understanding your agreements, you can safeguard your rights and streamline the royalty collection process. Implementing these strategies will help you navigate the complexities of counter claims and focus on your creative endeavors.
