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 declared rights higher than 100%.
Whenever your declaration generates a conflict, you will be informed by your Portfolio Manager who will invite you to check your rights.
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.
Instruments of conflict resolution
Once informed about their conflicts, rightsholders have the following means at their disposal to resolve them:
- Through direct contact with the other parties involved in the conflict. AGICOA encourages rightsholders to take the initiative to try and sort their conflict amongst themselves. In case the other party(ies) do not react to an attempt to sort a conflict, AGICOA's conflict rules, article 13, provide a mechanism for conflicts to be solved in favor of solution-seeking rightsholders.
- Where direct initiative between rightsholders has not
produced results, two mechanisms have been put in place by AGICOA
to sort out conflicts:
- For high-value conflicts, AGICOA or the rightsholder can propose a managed and phased Conflict Resolution Procedure (CRP).
- For Small and Non-Evolving Conflicts (SNEC), defined as:
- conflicts with frozen royalties of 200€ or less;
- and non-evolving, e.g. no broadcasts in the past 5 years or more.
For such conflicts, AGICOA reserves the right to release frozen royalties and allocate them to the General Reserve. It will only do so after having informed rightsholders of such action and having given them a deadline for resolving the conflict.
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.
You may download our Conflict - info sheet.