Procedure for Resolving Conflicts

Created by Anamaria Purice, Modified on Mon, 7 Apr at 9:11 AM by Anamaria Purice

1. Submission of Repertoire


1.1. The repertoire declaration procedure must be followed to compare the submitted repertoire with the existing UPFR database.

1.2. Phonograms/videograms from the newly submitted repertoire that do not result in a divergence are directly entered into the UPFR database according to the repertoire declaration procedure.


2. Identification of Conflicts


2.1. If divergences are identified after uploading the repertoire, the UPFR representative will notify (in writing) the involved producers via email, requesting confirmation or resubmission of the repertoire declaration within 15 working days.

2.2. If no response is received within 15 working days, UPFR will inform the producer in writing about the inactivation of the phonograms/videograms in divergence.


3. Reconfirmation of Phonograms/Videograms in Conflicts


3.1. If the producer reconfirms ownership of the phonograms/videograms in divergence, UPFR will simultaneously notify the other involved producers, attaching the list of the disputed phonograms/videograms for reconfirmation.

3.2. If neither party waives their claims, UPFR will request additional documents to prove ownership of related rights.


4. Resolution of Conflicts


4.1. Local repertoire producers must submit supporting documents proving ownership of the phonograms/videograms in divergence.

4.2. Once received, the supporting documents are analyzed and approved by UPFR's legal department.

4.3. The deadline for submitting supporting documents is 30 calendar days from the first notification.
Failure to respond will result in the inactivation of the disputed phonograms/videograms.

4.4. For international repertoire, the producer must present notarized translations of the representation contracts along with a certified copy of the signed and stamped original license.

4.5. Failure to submit supporting documents will be considered as waiving the repertoire declaration.


5. Signing of Contracts


5.1. Mandate contracts (for members) or collective management contracts (for non-members) are signed only if there is at least one phonogram/videogram declared that is not in divergence.


6. Cases Without Amicable Resolution


6.1. If both producers present evidence but divergences are not resolved amicably, the parties must address the competent courts.

6.2. UPFR will block the amounts generated by the unresolved divergences until a final court decision is pronounced or an amicable settlement is reached.


7. Special Rules for Multiple Recordings


7.1. If a phonogram/videogram is declared by multiple producers and the exact broadcasted version cannot be identified:

  • The producer of the original recording receives 2/3 of the allocated amount;

  • The producer of the re-recording receives 1/3 of the allocated amount.

7.2. In case of multiple re-recordings:

  • The original producer receives 1/2 of the allocated amount;

  • The remaining 1/2 is equally divided among all re-recording producers.


8. Co-Productions


8.1. In the case of co-productions:

  • An administrator is designated who communicates their status to UPFR;

  • UPFR distributes the amounts through the co-production administrator.

8.2. The administrator provides all necessary information for the calculation of remunerations.

8.3. If the distribution software allows it, UPFR may directly distribute the amounts to each co-producer based on the declared shares.

8.4. If the co-producers are not yet registered in UPFR's database, the administrator must provide all necessary details for the payments.

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