Frequently Asked Questions (FAQ)

1. What does "conflict" mean within UPFR?

Answer:
A conflict occurs when a phonogram or videogram is simultaneously declared by two or more different producers, creating an overlap of rights that must be clarified before distribution.

2. How are the parties involved notified about a divergence?

Answer:
The UPFR representative sends official notifications by email to the producers involved, providing the list of phonograms/videograms in dispute and requesting confirmation or correction of the declared repertoire.

3. What is the response deadline for a conflict notification?

Answer:
The deadline is 15 working days from the receipt of the notification. Failure to respond within this period leads to inactivation of the phonograms/videograms in dispute.

4. What happens if both parties maintain their claims over the same phonogram or videogram?

Answer:
UPFR requests additional supporting documents from both producers to assess the ownership of rights. If the conflicts persist, the matter must be settled in court, and the related amounts are blocked until a final decision is made.

5. What documents must I submit if I claim ownership of a disputed phonogram or videogram?

Answer:
You must submit documents proving ownership of related rights (e.g., production contracts, licensing agreements, assignment deeds, etc.). For international repertoire, a notarized translation of the representation contract and a certified copy of the original license are also required.

6. What happens if I do not respond within 30 days to UPFR’s request for evidence?

Answer:
If no response is received within 30 calendar days from the first notification, the disputed phonograms/videograms will be inactivated from the database, and it will be considered that the producer has waived their claim over the repertoire.

7. Can I sign the mandate or collective management contract if I have phonograms under conflict?

Answer:
Yes, but only if the declared repertoire includes at least one phonogram/videogram that is not under dispute.

8. What does UPFR do if it cannot determine who holds the rights over a phonogram?

Answer:
UPFR may only issue a preliminary legal opinion and will block the amounts generated by the disputed phonograms or videograms until the conflict is resolved either amicably or through a final court ruling.

9. How are amounts distributed if multiple producers claim the same phonogram or videogram and the broadcasted version cannot be identified?

Answer:

• If there is an original recording and a re-recording:
  ➔ The original producer receives 2/3 of the allocated amount, and the re-recording producer receives 1/3.

• If there are several re-recordings:
  ➔ The original producer receives 1/2 of the allocated amount, and the other 1/2 is equally divided among the re-recording producers.

10. What is the "co-production administrator" and what is their role?

Answer:
The co-production administrator is the individual or entity designated to manage the relationship with UPFR for phonograms or videograms produced in co-production. The administrator communicates all necessary information for the distribution of amounts and may receive the amounts on behalf of the co-producers, with the obligation to redistribute them accordingly.