What does CISAC recommend regarding counterclaims and how they are processed?

If a publisher submits a new notification for their entitlement and it clashes with an existing notification, the second notifier must be able to provide evidence for their claim. Whenever a counterclaim is identified, both parties will be informed and the second notifier is asked to submit the respective contracts. 

If the first notifier maintains their claim during this period, the first notifier will be granted an extended deadline to also submit evidence. The distinction made by the CISAC recommendation here is between the deadlines for counterclaims at catalogue agreement level (changing your sub-publisher) and counterclaims at contributor level (the creator [share] ist claimed by different publishers).

In the case of counterclaims at catalogue agreement level, the second notifier has 21 days to substantiate their claim. If the first notifier does not deregister and if they maintain their claim, the first notifier has another 21 days to submit their documents.

In the case of counterclaims at interested party level, the period for both party is extended to 60 days each.  Any pay-outs during the clarification period will be made in favour of the first notifier.

If both parties have submitted documents, the collective management organisation does not rate them but merely checks whether they contain the following information: 

• Dates of the term [of contract]
• Territory
• Specific works/Restriction of the repertoire
• Signature of all interested parties and date on the documents 

If it is not possible to reach an agreement between the contracting parties, the conflicting shares can be withheld from distribution in accordance with Article 10 of the GEMA distribution plan. Company-specific restrictions or limitations may apply on a case-by-case basis.