in brief
What happens if more than one person claims the same royalties?
Occasionally more than one person or company makes a claim to the same Screenrights royalties. Often these claims arise out of confusion over who controls the particular right. When this occurs, Screenrights follows the steps outlined in its Policy to Resolve Multiple Claims. |
Screenrights first contacts all parties and asks them to resolve the matter
Screenrights notifies all parties claiming the royalties that there is a conflict, and supplies them with information about the title in dispute and information about rights ownership under Australian law. Screenrights also gives each claimant the other’s contact details and asks them to try and resolve the matter themselves.
In most cases, the conflict is resolved at this stage. The parties must inform Screenrights of the resolution in writing. The royalties are paid out when Screenrights receives confirmation from the party withdrawing its claim.
If this is unsuccessful, a process of mediation occurs
If the parties can’t resolve the matter themselves, Screenrights offers to set up a meeting between the parties. A qualified member of Screenrights’ staff will act as a facilitator, or an independent mediator can be appointed. The full cost of this is shared by all parties in conflict.
If the parties refuse mediation or it fails to resolve the claim, the claim goes to Expert Adjudication
An Expert Adjudicator is appointed by an independent organisation. The Adjudicator provides an opinion on the claim, and Screenrights can then pay the royalties in accordance with this. In cases where the royalties in dispute are less than $1500, Screenrights’ Chief Executive is appointed to resolve the claim.
All parties are given an estimate of costs prior to the adjudication. Screenrights pays up to $1500 towards costs with any amount in excess of this deducted from the royalties in dispute.
Avoiding multiple claims
It is always important to ensure that you do control the relevant rights in a title before you register with Screenrights. Have a look Screenrights In Brief: What Services Should I Register For? You can also email memberservices@screenrights.org for advice.
View the full policy
The Policy to Resolve Multiple Claims is available on our website.
More information?
Check out our other In Brief sheets. Our Member Services team is also happy to answer your questions. Email: memberservices@screenrights.org
