Counterclaims occur when the control of copyright within a Musical Work, or entitlement to royalties in that Work, is subject to two or more conflicting claims. There are three categories of counterclaim:
- Disputes and Duplicate Claims
- Sample Claims
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The video below will give you an overview of how to use the counterclaims tool.
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Duplicate claims fall mainly into three categories, which we've outlined below
Main types of duplicate claim:
An infringement occurs when a party does or authorises an act restricted by copyright legislation related to a musical work without the required consent of the copyright owner.
An Infringement Dispute can arise when it is alleged by one or more right owners that the copyright in their musical work has been infringed by another party.
Where the owner of the original work alleges that an infringement has taken place and claims to be entitled to the whole or part of royalties relating to the Infringing Work, this is known as an Infringement Claim. In such cases, the licensing of, and collection and distribution of royalties relating to the Infringing Work, are dealt with under our Rules governing Infringement Claims ("the Rules").
A sample dispute can arise when a new work includes a copy of an existing work. Where there is a dispute as to the share of royalties payable to the owner of the original work, these are dealt with under our rules governing samples.
If the owner of the original work alleges the relevant permission has not been granted then the rules governing infringement claims apply.
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