From time to time, disputes may arise between PPL members regarding the rights ownership, performer line-up or related matters in respect of a particular recording. Often these disputes are due to incorrect data supplied by one or both parties but in some cases there may be a genuine disagreement. PPL has established processes in place which seek to resolve such matters.
The affected PPL members will be asked to confirm their claim and to supply relevant evidence. PPL will set deadlines for the submission of evidence, after which it will make a decision based on the information provided, which will be communicated to the parties. In the great majority of cases, this concludes the matter.
However, in the rare instance where a dispute continues, the parties to the dispute may be able to submit the matter to Adjudication and, if necessary, Arbitration. These are more formal alternative dispute resolution procedures that PPL has in place to offer its members flexible, cost effective, confidential and expeditious processes for resolving such disputes. A Mediation service is also available.
The following provides a brief summary of each procedure:
Adjudication: a voluntary process by which one or more recording rightsholder or performer members can submit an issue or a dispute that has arisen to a senior PPL employee, acting as an adjudicator, for their decision. Whilst the adjudicator’s decision is not binding, if the members involved in the dispute are content with the outcome, they can decide to enter into a binding agreement between themselves based upon it. PPL may, in any event, apply the decision when distributing revenues allocated to the disputed recording (subject always to the right of any participant to the adjudication to seek to resolve the dispute by other means, whether by way of arbitration or otherwise (e.g., litigation)).
Arbitration: a voluntary process, by which the parties to a dispute can agree to have the matter considered and decided upon by an independent and impartial arbitrator or panel or arbitrators. This process is an alternative to legal action in the courts and results in a decision, in the form of an arbitration award, which is binding upon the parties.
Mediation: during the course of an arbitration, the parties can agree to appoint a mediator to facilitate or assist them in seeking to resolve their dispute (or part of their dispute). Mediation is a non-binding process unless and until a settlement agreement is concluded between all the relevant parties to the dispute.
PPL reviews the suitability of each dispute submitted for Adjudication, Arbitration or Mediation on a case-by-case basis. The parties to a dispute will be expected to submit the dispute for Adjudication before applying for the Arbitration process, unless PPL agrees Adjudication is not appropriate in the circumstances. If a party is not content with the outcome of an Adjudication then it may wish to consider submitting a dispute to Arbitration.
PPL will make available experienced members of its senior leadership team to act as Adjudicators. It has also sought and obtained the agreement of highly experienced and well-respected legal and industry figures to sit as Arbitrators and Mediators (a list is available from the PPL Member Services team on request).
Should members wish to avail themselves of any of the more formal dispute resolution procedures that PPL offers, please contact the PPL Member Services team for further information and to request the relevant Application Form.