March 20, 2024 – Artist Disputes happen all the time. Sometimes, they’re caused by misunderstandings or inadvertent actions taken by band members or collaborators. Sometimes they’re something more. In any case, SoundExchange doesn’t judge, and we don’t take sides. We simply put all royalties related to the recording or recordings in question on hold, work to understand the particulars, notify all the parties involved, and wait for them to sort it out amongst themselves.
What is an Artist Dispute?
An Artist Dispute is a scenario when the total share (percentage) of featured artist royalties for a given recording is claimed by two or more claimants and exceeds 100%. This is sometimes referred to as an “overlap.”
When that happens, the SoundExchange Client Resolutions team will reach out to notify claimants to let them know about the new claim and place royalties on hold until the overlap has been resolved.
It is important to understand that we will not interfere, mediate, take sides, decide, or determine who is the rightful featured performer(s), sound recording copyright owner(s), or creative contributor(s) of a sound recording when disputes arise. It’s the responsibility of the disputing parties to come to a resolution.
Important Things to Understand About Artist Disputes
Our team is always happy to assist creators and rights owners with their accounts. Still, when it comes to Artist Disputes, there are a few important points that you should understand before calling or emailing SoundExchange Customer Service:
- SoundExchange will only make changes to repertoire/performer shares when all claims are confirmed by the verified contacts of the payee accounts subject to the dispute.
- We will not decide or determine the rightful featured performer(s), sound recording copyright owner, or creative contributor of a sound recording when disputes arise.
- When the Artist Rights and/or Client Resolutions team is made aware of a featured performer dispute, we will conduct research to determine whether the disputed claims are facially valid or invalid. We look for any indication that the new claim being made holds merit (i.e., is it clear this performer did or did not contribute in a featured role to the sound recording(s) in question?). If the new claim made is facially valid, the tracks in question are placed on hold and SoundExchange will notify all claiming performers via email to the contacts we have on file.
- Once a dispute notification has been sent to all parties involved, it is the responsibility of the disputing parties to come to a resolution. SoundExchange will not interfere or take sides in any disputed artist claim.
FREQUENTLY ASKED QUESTIONS
What is an Artist Dispute?
- An Artist Dispute is a scenario when the total share (percentage) of featured artist royalties for a given recording is claimed by two or more claimants and exceeds 100%.
- Artist Disputes arise when featured performers submit and assert claims to SoundExchange for recordings they contributed to in a featured role.
I discovered that someone else is collecting my featured artist royalties. What should I do?
- Log into your SoundExchange Direct account and submit an artist/featured performer claim for your share.
- Once we verify the claim, the dispute will be created and the SoundExchange Client Resolutions department will send notification to claimant(s) alerting them of a new claim and place royalties on hold until the dispute has been resolved.
I received an email saying that someone is trying to claim my royalties, what do I need to do?
- Respond to all parties via email and confirm whether you wish to maintain or relinquish your existing share/claim.
- If you wish to relinquish your claim, SoundExchange will release holds and update in line with the new claimant’s claim.
- If you maintain your claim, it is your responsibility to correspond with the other claimant(s) to resolve the dispute. SoundExchange will not interfere or participate in this process. Once all claimants have agreed on performer shares, please contact [email protected], and we will update our records and process any royalty adjustments as necessary.
When will the hold be released from my royalties?
- Holds are only removed when the dispute has been resolved.
What if the song was a work-for-hire?
- SoundExchange does not review or interpret agreements regarding performers. We simply recognize whether the performer made a facially valid claim that they contributed to the recording in a featured role and whether an agreement such as a work-for-hire agreement exists or not. If each claimant agrees on splits that mirror the shares of an agreement, we will honor the wishes of each claimant.
- Non-featured artists, such as session musicians or backup singers, do not receive royalties directly from SoundExchange. Five percent of all digital streaming royalties collected by SoundExchange are directed to the American Federation of Musicians (AFM) and Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) Intellectual Property Rights Distribution Fund. Visit afmsagaftrafund.org/Funds/SR for more information.
Can I use the SoundExchange Letter of Direction (LOD) to resolve an Artist Dispute?
- No. A SoundExchange LOD is a document by which a Featured Artist directs SoundExchange to pay a portion of the Featured Artist’s sound recording performance royalties to a participant involved in the creative process, such as producers, engineers, mixers, and remixers.
- LODs are not used to assign performer collection rights/shares to another performer for a sound recording on which they collaborated.
Will SoundExchange update its records if I send the artist contract?
- No. SoundExchange will not interpret third-party agreements/contracts and will only take the direction of a track’s direct registrants on how royalty payments should be split.
Do I need to get a lawyer?
- It is not required to resolve an Artist Dispute with legal representation, though performers may choose to do so if it helps to reach a resolution.
I am a featured performer on a recording that was sampled on a new recording. How do I collect my featured performer royalties for being sampled?
- Unless directed otherwise by the featured performer on the new recording, SoundExchange does not pay any featured performer royalties for the new recording to the featured performer on the sampled recording.