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What does CISAC recommend about how counterclaims should be handled?

  1. If a new publisher claim conflicts with an existing publisher’s claim then the new claimant must be able to support this with documentation before that claim is accepted by the society. In the meantime the society keeps paying the first, original claimant. 
  2. If the new claimant can document its claim, then the first claimant has 60 days to produce documentation for its claim. In the meantime all moneys are being held in suspense. If the first claimant has not answered within 60 days they will be notified that their claim will be deleted if the society does not hear from them within 15 days. 

    Royalties will continue to be held throughout that period. 

  3. The society shall, where possible and if known, suspend only the share/s within a work which is/are in dispute.
  4. The society shall not make value judgment of the supporting documentation. This means only that the society will check that the following pre-requisite information is included:
  • term dates,
  • territory,
  • specific works/limitation of repertoire and,
  • that documents are signed and dated by all interested parties. The society shall not have the responsibility to determine which of the claimants’ documentation is more correct, or valid.

However, society specific restrictions or limitations may apply on a case by case basis. 

Local exceptions regarding processing times described in step 2 above can appear. 

Policies on how long a work can be in dispute and monies kept in suspense may differ from society to society.

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