Member disputes procedure
Key points:
- APRA AMCOS has a process for handling disputes. This includes any dispute you might have with APRA AMCOS, but also how we handle disputes between writer and publisher members.
- Your dispute needs to be made in writing and should include your contact details, as well as other details so we can properly respond to the issue.
Counterclaims and Ownership Disputes
APRA AMCOS manages claims of authorship and representation of copyright in musical works and lyrics, which on occasion come into conflict and may result in held royalties until resolved.
When a work is registered with APRA AMCOS, sometimes the collaborators and/or rightsholders involved in the registration of that work include different and conflicting work details (e.g. their song splits don’t match).
As well as working pro-actively with rightsholders to resolve conflicting claims (i.e. counterclaims), APRA AMCOS also offers a Disputed Claims Process as per CISAC’s Best Practice Guidelines. Under the Disputed Claims Process, members are progressively asked to provide supporting documentation in support of their claim.
- Publisher members: to raise a Disputed Claim, you can find the Disputed Claim submission form in the Resources section of the Publisher Portal.
- Writer members: please use the Contact Us page form to provide information and request help for a Disputed Claim.
Member disputes with other members
If your dispute involves a disagreement between you and another writer or publisher member of APRA AMCOS, please submit your query via the Contact Us page, in the first instance.
In some instances, we might recommend the dispute be referred to the independent third-party alternative dispute resolution facilitator, Resolution Pathways.
If you wish to participate in alternative dispute resolution with Resolution Pathways, we can contact Resolution Pathways on your behalf to start the process, or you can contact them directly. You can find more about this process on the Resolution Pathways website.
Member disputes with APRA AMCOS
What is a member dispute?
A member dispute is a difference of opinion between you and APRA AMCOS regarding the administration of your membership with APRA AMCOS. A member dispute can be lodged with APRA AMCOS or directly with our independent dispute resolution facility, Resolution Pathways.
A member dispute may arise for a number of reasons, for example:
- you do not agree with the way APRA AMCOS distributes royalties to you as a member, or to members generally;
- you believe APRA AMCOS’ records are incorrect because you and another member, such as a co-writer, disagree as to the correct share of royalties as between you and that member; or
- you disagree with the way APRA AMCOS’ voting rights are administered.
A member complaint is different to a member dispute. A ‘complaint’ is an allegation that APRA AMCOS’ conduct has fallen short of the standard of conduct required by the Code of Conduct for Collection Societies (Code). An example of a complaint is if you are not satisfied with the manner in which you have been treated by a staff member or you feel that APRA AMCOS has been generally unfair or unreasonable in its distribution methods or practices. For more information about raising a member complaint with APRA AMCOS, please see complaints procedure.
How to raise a member dispute
You have the option of raising a member dispute with APRA AMCOS or directly with the independent third party alternative dispute resolution facilitator, Resolution Pathways.
Raising a member dispute with Resolution Pathways
Resolution Pathways is an independent third-party alternative dispute resolution facilitator. The initial consultation with Resolution Pathways is free of charge and often disputes can be resolved on the spot. Resolution Pathways’ service includes Mediation, Expert View (non-binding) and Expert Decision (binding). You can find more about this process and how to lodge a member dispute at the Resolution Pathways website.
Raising a member dispute with APRA AMCOS
You can raise a member dispute with APRA AMCOS in one of the following ways:
- By submitting in writing via the Contact Us page.
- By post to Member Services at APRA AMCOS, Locked Bag 5000 Strawberry Hills NSW 2012
Where possible, please provide your name and relevant contact details as anonymous disputes are more difficult to resolve successfully.
Who can raise a member dispute?
Any APRA or AMCOS member can raise a member dispute.
What to include in your member dispute
Your member dispute should include:
- Where possible, your name and contact details, and/or the name and contact details of your organisation.
- Where possible, your membership number.
- What your member dispute is about (e.g. what is the difference of opinion you have with APRA AMCOS regarding, for instance, the royalties you believe you should have received, or what dispute do you have with another member, for instance a co-writer).
- The outcome you hope to achieve.
- Any material that supports your member dispute.
How we handle disputes
- We will acknowledge your dispute as soon as practicable.
- We maintain a register of all member disputes and responses, and Member Services keeps a copy of that register.
- All responses we give regarding the dispute will give you the opportunity to ask for further clarification or, if necessary, to take the matter further.
- If you are not satisfied with the explanation provided, you can refer the member dispute to APRA AMCOS' independent alternative dispute resolution facility, 'Resolution Pathways'. Find out more about Resolution Pathways.
Need help with your member dispute?
If your member dispute is with APRA AMCOS and you'd like some more information about the process, please contact the Disputes Officer at APRA AMCOS, [email protected].
If your dispute is with another APRA member, please use the Contact Us page.
