Mastering My Catalog: A Guide to “Overlaps & Disputes”

Mastering My Catalog: A Guide to “Overlaps & Disputes”

By: David Blair and Morgan Kaylor

Are you a sound recording rights owner (SRCO) that has experienced your royalties held due to an overlap or dispute with another SRCO over the ownership of a sound recording? Our new “Overlaps & Disputes” tool provides you with a way to resolve these disputes in real-time.

Overlaps occur when multiple SRCOs claim shares of a sound recording that exceed 100% for the same collection period. A sound recording becomes “disputed” when those SRCOs, after being notified of an overlap, maintain their claims that exceed 100%.

The “Overlaps & Disputes” feature in our SoundExchangeDirect (SXDirect) client portal automatically notifies you if you and another SRCO are claiming the same sound recording. It then allows you to either confirm or release your claim upon being notified of the overlap. This feature, added to SXDirect as part of a significant update to the “My Catalog” tool suite, reduces the time it takes to achieve a resolution and will result in royalties paying out faster.

What to Expect

As overlapping claims are identified by our system, they will be automatically added to the “Overlaps & Disputes” section of SXDirect for you and the overlapping party to resolve. SXDirect users (SRCOs only) will also receive a weekly email summary of their overlap and dispute activity with links to review and take action when necessary. Both SXDirect and the weekly emails will provide the status and type of all ongoing overlaps and disputes.

Once a sound recording is identified as having overlapping claims, there will be a 90-day window for the current rights owner to maintain or relinquish their claim to collect royalties for that sound recording. If the current SRCO does not act in this 90-day period, they will automatically relinquish their claim in favor of the new claimant SRCO. This 90-day clock begins when the first SXDirect email is sent to the current rights owner.

Getting Started

Follow these steps to begin using “Overlaps & Disputes”

Step 1

Log in to your SXDirect account. Go to My Catalog > Overlaps & Disputes. If you have overlaps and/or disputes, you will see the screen below. Select the category of information that you would like to view: Overlaps, Disputes, or total (which includes all overlaps and disputes). Note: you will not see this menu option if your registrant does not have any active overlaps or disputes.

 

 

Once you select a category, you will be presented with a screen that summarizes the status each of sound recording within that category (shown below). There are three different overlap statuses:

  • Confirm – The overlap has been sent to the existing SRCO claimant for action. The existing SRCO claimant is the one that submitted the original claim for a given sound recording. There is no action for a new claimant for sound recordings with this status.
  • Reconfirm – If the existing SRCO claimant has confirmed their share for a given sound recording, the overlap is sent to the new claimant for action. Overlaps that have a status of “Reconfirm” are awaiting action by the new claimant. There is no action for the existing claimant.
  • Dispute – The existing and new claimants are both maintaining overlapping claims to a sound recording. The sound recording is in “Dispute” and future royalties will be placed on hold until an agreement is reached among all parties.

 

 

 

Step 2

The next step is to see which sound recordings require your action. If your action is required, on a recording in overlap or dispute, click “Yes” to view the details.

If you are the existing claimant and the sound recording is in “Confirm” status, then you will need to select one of three actions:

  • Relinquish – You withdraw your claim.
  • Maintain – You keep your existing claim.
  • Edit – You edit your claim so that the total claims for a given sound recording do not exceed 100% for the same period of ownership.
  • Note – You have 90 days from the send date of the recording’s original “confirmation notice” in the weekly email to take action. Failure to act results in automatic relinquishment in favor of the new claimant.

 

 

If you are the new claimant and the recording is in ‘Reconfirm’ status, then you will need to select one of three actions:

  • Relinquish – You withdraw your claim.
  • Maintain – You keep your existing claim.
  • Edit – You edit your claim so that the total claims for a given sound recording do not exceed 100% for the same period of ownership.
  • Note – You have 30 days from the send date of the recording’s original “reconfirmation notice” in the weekly email to take action. Failure to act results in automatic relinquishment in favor of the existing claimant.

 

 

If you are either claimant and the recording is in “Dispute” status, future royalties for the given sound recording are put on hold and will not be distributed until the dispute is resolved. Follow these steps to resolve sound recordings in “Dispute”:

  • SoundExchange does not participate in the resolution process for disputed sound recordings.
  • SoundExchange will provide each SRCO involved in the dispute with email addresses of the other involved SRCOs.
  • Once the SRCOs have reached an agreement for the given sound recording, they will need to relinquish or edit their claims within SXDirect.
  • Note – There is no automatic relinquishment clock when the recording is in dispute. The 90-day clock only applies when overlaps are identified and communicated to the current rights owner.

 

 

Step 3

Once you have taken action on an overlapping or disputed sound recording, SXDirect will update in real-time. The other SRCO will receive a notification of your action immediately on-screen and in their next weekly email.

Tip: For SRCOs who prefer to review their overlaps and disputes offline, the summary screen enables you to download your entire list or a filtered subset into a .csv file for you to compare with your records.
Tip: If the ‘Action Required’ field says “No – In Progress,” this means an internal change must be processed by SoundExchange to resolve the overlap and/or move it to the next step in the overlap process. Any subsequent auto-relinquishment clock will not begin until we include the new status in weekly digest email.

If you have any questions, we have created a one-page summary of all the new features that you can access by going to My Catalog > About My Catalog. If you have further questions, please contact our Customer Care team at 1-800-961-2091.

SXDirect accounts are only available for SRCOs and Artists registered with SoundExchange. To register with SoundExchange please visit: www.register.soundexchange.com.