As part of our commitment to simplifying the experience of resolving competing claims to the same royalties, Screenrights’ Competing Claims Resolution Procedures (CCRP) were updated in 2019 following an ongoing review and member consultation.
What is a Competing Claim?
A competing claim happens when two or more members submit registrations to Screenrights for exactly 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.
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 own claims and speaking with each other.
Informal approaches to resolving competing claims have proven to be very effective and inexpensive.
We find the fastest way to resolve a competing claim is to pick up the phone and have a chat. It might be that the competing claim has been made unintentionally and a quick call to clarify is all that it takes to reach a resolution. Ask the other party to check that their registration reflects their contractual position and explain the basis of your entitlement to the royalties.
In limited cases the parties to a competing claim find that they are unable to reach a resolution themselves. Screenrights has alternative dispute resolution procedures to assist members in these cases.
If you find yourself in this situation, don’t be shy in getting in touch with the Resolution Team to explore your options.
- Sep 2019
Screenrights will identify Competing Claims that may have Presumptions applicable under the ERP, and notify Members.
- Oct-Nov 2019
Opportunity for Members to challenge a Presumption not in their favour under the ERP, if applicable.
- Dec 2019 – Jan 2020
Screenrights will notify Members of the outcome of any challenge to the applicability of a Presumption under the ERP.
Members will have one further opportunity to challenge a decision under the ERP and request an Internal Determination under the Alternative Dispute Resolution (ADR) Procedure.
- Feb 2020
Opportunity for Members to submit an application for Internal Determination under the ADR.
- Mar 2020
Screenrights will conduct a round of Internal Determinations and notify Members of outcome.
- Apr 2020
Opportunity for Members not satisfied with an Internal Determination made by Screenrights under the ADR Procedure to request that the determination be referred to an Independent Expert.
- 15 June
Final Deadline for resolution of any Competing Claims from the CCF Year.
Please note that in relation to currently available royalties from the CCF Year and/or final year of a Distribution Period – this year covering royalties from the 2014, 2015 and 2016 distribution years – parties have the option of temporarily resolving a Competing Claim by limited mutual agreement on a suitable outcome, without resolving the underlying Competing Claim. See the CCRP for more information.