Settle your conflict

What is a conflict?

A conflict occurs when several rightsholders declared the same rights on the same work, for the same territory or the same language version, inducing a total of cumulated declared rights higher than 100%.

If the conflict persists at the time of payment, AGICOA blocks related remuneration. Money is released when the conflicting rightsholders update their rights declaration and thus settle the conflict.

Conflict resolution tools

Conflicts are governed by the AGICOA's conflict rules. It can nevertheless be highlighted that once informed by AGICOA about their conflicts, rightsholders have the following means at their disposal to resolve them:

  • Twice a year and in two rounds, AGICOA launches a Voluntary Conflicts Resolution Process (VCRP) while sending to Rightsholders a VCRP file detailing their conflicts in a user-friendly format as well as some comprehensive guidelines. VCRP is a voluntary process that consists of 3 steps:
      1. Rightsholders clean-up their declarations which have caused unnecessary conflicts and release royalties;
      2. Rightsholders contact opposing parties to settle their conflicts and release royalties;
      3. AGICOA is committed to distributing the unblocked royalties twice a year.
  • Where direct initiative between rightsholders has not produced results, two formal mechanisms have been put in place by AGICOA to sort out conflicts. Rightsholders will be specifically and officially informed of the launching of such procedures.
    • For high-value conflicts, AGICOA or the rightsholder can propose a managed and phased Conflict Resolution Procedure (CRP).

      In case of CRP if AGICOA’s final recommendation is rejected by either party, they can start litigation or arbitration under the WIPO Expedited Arbitration Rules for AGICOA, or arbitration at any other arbitration institution, in accordance with Article 46 of the AGICOA Conflict Rules.

    • For persistent conflicts that relate to retransmission years and territory(ies) for which a final distribution has been run, AGICOA shall launch a Persistent Conflict Resolution Procedure (PCRP) as described in Article 15 of the AGICOA Conflict Rules, which is a procedure different from the regular Conflict Resolution Procedure.