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Competing Claims Resolution
Competing Claims Resolution
A competing claim occurs when two or more members submit registrations to Screenrights for the same title, and the claims overlap in some way. This means that the members are asserting the same rights and claiming the same royalties.
There are many ways competing claims can overlap. The most common ways are listed below:
To access our full Competing Claims Resolution Procedure:
Partially overlapping claims: Sometimes, the competing claim is for a specific royalty (e.g. educational copying, retransmission, etc), type of right (film, script, etc) or territory (Australia, New Zealand).
Completely overlapping claims: Sometimes, the other member may be claiming exactly the same royalties as you.
Overlapping percentage claims: Sometimes, you may be claiming a percentage of the royalties, and the other member may be claiming a percentage of the royalties, too, but the total claims by the parties add up to more than 100% of the royalties.
Overlapping rights periods: Sometimes, you may be claiming royalties for a limited period of time, but there is an overlap between the rights period that you are claiming and the rights period that the other member is claiming.
When there is a competing claim, it is unclear to Screenrights who is entitled to royalties for the title, so we ask our members to resolve the competing claim by reviewing their agreements and speaking with each other.
In some cases, the parties to a competing claim find that they are unable to reach a resolution themselves. If you find yourself in this position, please review the information below to determine whether one of our formal resolution pathways may work for you. You may also want to read our full Competing Claims Resolution Procedure (CCRP) here.
If you have any questions, please feel free to contact us at resolution@screenrights.org
Expand the sections below for more information:
Partially overlapping claims: Sometimes, the competing claim is for a specific royalty (e.g. educational copying, retransmission, etc), type of right (film, script, etc) or territory (Australia, New Zealand).
Completely overlapping claims: Sometimes, the other member may be claiming exactly the same royalties as you.
Overlapping percentage claims: Sometimes, you may be claiming a percentage of the royalties, and the other member may be claiming a percentage of the royalties, too, but the total claims by the parties add up to more than 100% of the royalties.
Overlapping rights periods: Sometimes, you may be claiming royalties for a limited period of time, but there is an overlap between the rights period that you are claiming and the rights period that the other member is claiming.
When there is a competing claim, it is unclear to Screenrights who is entitled to royalties for the title, so we ask our members to resolve the competing claim by reviewing their agreements and speaking with each other.
In some cases, the parties to a competing claim find that they are unable to reach a resolution themselves. If you find yourself in this position, please review the information below to determine whether one of our formal resolution pathways may work for you. You may also want to read our full Competing Claims Resolution Procedure (CCRP) here.
If you have any questions, please feel free to contact us at resolution@screenrights.org
Expand the sections below for more information:
Informal Resolution Options
Express Resolution Process (ERP)
Assisted Resolution Process (ARP)
Importantly…
A competing claim is resolved only when registrations change: A competing claim will only appear as resolved if the registrations no longer overlap. If you need to update your registration to reflect your contractual position, we ask that you do so as quickly as possible via MyScreenrights.
If the other party needs to update their registration to reflect their contractual position, the competing claim will appear as resolved once they have done so.
Deadlines: Royalties are available for distribution for a limited time only (4 years from first availability). Sometimes a competing claim will concern royalties that will expire soon – we call these ‘deadline royalties’.
Competing claims with deadline royalties are clearly marked on MyScreenrights and are searchable. We recommend prioritising the resolution of these competing claims to avoid missing out on royalties.
Any royalties already paid to you: Sometimes a competing claim involves royalties that have been paid in part or paid in full to you already. This happens when a second, competing registration is submitted after you have already been paid, and the royalties are from distribution pools that are still open. You can see whether royalties have already been paid to you on MyScreenrights.
It is important to note that if the competing claim is resolved in favour of the other party, you may be required to return any previously paid royalties to Screenrights.
Importantly…
A competing claim is resolved only when registrations change: A competing claim will only appear as resolved if the registrations no longer overlap. If you need to update your registration to reflect your contractual position, we ask that you do so as quickly as possible via MyScreenrights.
If the other party needs to update their registration to reflect their contractual position, the competing claim will appear as resolved once they have done so.
Deadlines: Royalties are available for distribution for a limited time only (4 years from first availability). Sometimes a competing claim will concern royalties that will expire soon – we call these ‘deadline royalties’.
Competing claims with deadline royalties are clearly marked on MyScreenrights and are searchable. We recommend prioritising the resolution of these competing claims to avoid missing out on royalties.
Any royalties already paid to you: Sometimes a competing claim involves royalties that have been paid in part or paid in full to you already. This happens when a second, competing registration is submitted after you have already been paid, and the royalties are from distribution pools that are still open. You can see whether royalties have already been paid to you on MyScreenrights.
It is important to note that if the competing claim is resolved in favour of the other party, you may be required to return any previously paid royalties to Screenrights.
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