Counterclaims

Counterclaims are raised and managed directly with ICE Services and can be accessed via the button below.

Sign up for your account

If you haven’t yet signed up for a Counterclaims account on the new system, please do so via our help portal

ICE Cube counterclaims demo video

To understand more about the new counterclaims process, watch the ICE demo video

Supporting a claim

For further information on how to support a claim watch the video here

Disputes and Duplicate claims

Duplicate claims fall mainly into three categories, which we've outlined below.

Main types of duplicate claim

• Claiming author share for a work: Author Share Claim' means, in relation to a Musical Work, a Claim where there is agreement between the Claimants about the Authorship of the Musical Work but disagreement about the Share attributable to each Author.
• Claiming authorship for a work: 'Authorship Claim' means, in relation to a Musical Work, a Claim based on a disagreement over the Authorship of that Work.
• Claiming ownership for a work: 'Ownership Claim' means a Claim in which the Claimants agree on the Authorship of a Musical Work and the Share attributable to each Author but disagree as to who currently owns or controls any Share in the Work; and includes a Reversionary Rights Claim.

What happens once a counterclaim is raised?

1. If a counterclaim is raised it will be set up in the system for you to manage. In line with the rules governing disputes and duplicate claims 2015, you may be required to submit documentation to support your claims to royalty distributions.
2. If claimants meet the supporting documentation requirements then the royalties may be held in suspense. It is the responsibility of the claimants to resolve the dispute between themselves or via a legal process.
3. Once we’re informed of a resolution of the dispute, we'll release the royalties accordingly.

Sample disputes

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.

What happens once a dispute is raised?

1. If a sample dispute is raised it will be set up in the system for you to manage.
2. In line with the rules governing samples, the relevant royalties may be held in suspense. It is the responsibility of the claimants to resolve the dispute between themselves or via a legal process.
3. Once we’re informed of a resolution of the sample dispute, we'll release the royalties accordingly.

Infringement claims

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").

What happens once an infringement claim is raised?

1. If an Infringement Claim made in accordance with Rule 3 of the Rules, we will suspend distribution of royalties relating to the allegedly infringing work; and notify the alleged infringing parties of the Claim.  We will also supply the other party with copies of the documents you supply under the Rules, except for the musicologist’s report.
2. In line with the Rules, the relevant royalties will  be held in suspense until the dispute is resolved by the parties.  Special transitional rules apply to Infringement Claims made on or before 27 June 2012.  It is the responsibility of the claimants to resolve the dispute between themselves or via a legal process.
3. Once we’re informed of a resolution of the infringement dispute, we'll release the royalties accordingly.

Frequently asked questions