6.3 Messages of Part 4 of the RDR standard and conflict resolution
The rules and processes governing the resolution of a rights claim conflict is out of scope for this standard.
However, the rules and processes applicable for the resolution of a rights claim conflict are often iterative as conflicting parties and music licensing companies in the same territory do not typically operate within the same timescales and within the same rules and processes. Responses to music licensing companies will generally be sent at different times and the rights claim conflict will need to be revaluated or recalculated each time until the conflict is resolved. The iterative process also applies to the communications between music licensing companies across different territories. Rules and processes can vary greatly and it may take some time to resolve the rights claim conflict.
If music licensing company has received all the required RightsClaimConflictResponses
and a recalculation of the rights claims shows that a conflict persists, this may trigger the sending of further RightsClaimConflictNotification
from the music licensing company to the conflicting parties as set out in Clause 6.1. As soon as the parameters of a rights claim conflict changes as a result of such actions, for example, as a result of a change in territorial rights or a change to start and end dates, it becomes a new rights conflict and the process to resolve the conflict starts anew.
In order to support a clear resolution process a RightsClaimConflictNotification
should be sent by the music licensing company to each of the conflicting parties or their third-party facilitators clearly indicating that action is required. Claiming parties who have rights claims that are in conflict with each other are conflicting parties until the conflict is resolved, even if they maintain their claim.
If a conflicting party revokes its rights claim in a resource or sends a RightsClaimConflictResponse
indicating a loss of rights, this shall exclude that conflicting party from receiving further messages from the music licensing company relating to the ongoing rights claim conflict resolution process.
A conflict of the type for which the messages created in accordance with this part of the RDR standard can be used to communicate data will only be resolved when the total percentage claimed by all parties in respect of the same rights is equal to or less than 100%. Once a conflict has been resolved the communication process is complete. No notification informing the former conflicting parties of the resolution of the rights claim conflict is required to be sent out by the music licensing company.