COMPETING CLAIMS: TIMEFRAMES FOR RESOLUTION
Screenrights has 4 years under its Constitution in which to distribute royalties from each royalty “pool” (Distribution Period). If there are any undistributed royalties left at the end of that period, they are added into the next royalty pool unless the royalties are subject to an unresolved Competing Claim. These Competing Claim royalties are moved into the separate Competing Claims Fund (CCF) and members are given an additional year (the CCF Year) to resolve the Competing Claim in relation to those royalties (CCF Royalties).
If members are unable to resolve a Competing Claim to CCF Royalties by 30 June of the CCF Year (a total of 5 years from first availability of royalties), those CCF Royalties will be forfeited. For Screenrights to process the resolution of the Competing Claim by 30 June of that year, the members with a Competing Claim must advise Screenrights of any resolution before 15 June that year otherwise the CCF Royalties in relation to that claim, as at 30 June, will be forfeited.
RESOLUTION BY AGREEMENT
|Final Resolution: Members may resolve a Competing Claim at any time by reaching agreement, and amending their registrations accordingly.
|At any time
|Temporary Resolution: Members may resolve a Competing Claim only in relation to currently available royalties from the CCF Year or a final year of a Distribution Period (without resolving the underlying copyright ownership of the title), by completing the relevant form here.
|By 15 June of a final year of a Distribution Period or the CCF Year
EXPRESS RESOLUTION PROCESS (ERP)
|Screenrights notifies members if a Presumption applies.
|Opportunity for members to challenge the Presumption by submitting written evidence using an ERP Evidence Submission Form.
|60 days from notification
|Screenrights to respond to member’s ERP Evidence Submission Form.
|Within 14 days of receipt
|Where a compliant challenge is received within 60 days, Phase 2 of the ARP applies (see below).
ASSISTED RESOLUTION PROCESS (ARP)
|A member requests assistance under the ARP, or the ERP does not resolve a Competing Claim
A request must be received by 1 September for royalties in the CCF Year.
|Phase 1 – Confirmation, Amendment or Withdrawal of Registration
|- Within 10 business days of the ARP Start Date, Screenrights will send to the members a notice requesting that they review their agreements and confirm, amend or withdraw their claim.
- Within 45 days of Screenrights sending the Phase 1 Notice (ending at 5pm AEST/AEDT on the 45th day after the Notice is sent by Screenrights): a member must notify Screenrights in writing as to whether the member confirms, amends or withdraws their registration. This must be done either via MyScreenrights or email@example.com.
|Phase 2 – Submissions
|- If the Competing Claim is not resolved in Phase 1, Screenrights will send a written notice (Phase 2 Notice) to members.
- Within 60 days (ending at 5pm AEST/AEDT on the 60th day after the Notice is sent by Screenrights): a member must provide submissions to support their claim.
|Phase 3 – Negotiation Period
|- If the Competing Claim has not been resolved in Phase 2, Screenrights will notify the members by sending them a “Phase 3 Notice”.
- Within 90 days (ending at 5pm AEST/AEDT on the 90th day after the Notice is sent by Screenrights): a member must members must activity engage in negotiations and retain evidence of this engagement.
|Phase 4 – Legal proceedings, arbitration or mediation (LAM)
|- If the members fail to reach an agreement within the Negotiation Period and a member intends to commence legal proceedings, arbitration or mediation (LAM) to resolve the Competing Claim with the other member(s): the member that sends Screenrights an LAM Intention Notice must, before 5pm AEST/AEDT on the 60th day after the end of the Negotiation Period, provide Screenrights with evidence that LAM have been initiated and that each other member involved in the competing claim has been informed of that initiation.
- Any available royalties, the subject of the Competing Claim, will, upon expiry of the relevant CCF Year, be forfeited and reallocated into the next pool of royalties made available for distribution to all members.