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 next?

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. 

Placing royalties in suspense

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.

Releasing royalties after resolution

Once we’re informed of a resolution of the infringement dispute, we'll release the royalties accordingly.