5.3 Disputing Letters of Direction
Letters of Direction, whether communicated directly in accordance with Clause 5.1 or via a Hub in accordance with Clause 5.2, can be disputed by:
A Licensee, for example, when the transferred Right Share percentage exceeds the share the Licensee has allocated to the Relinquishing Music Publisher in its systems. In that case the Licensee shall:
Reply with an
Exception
in theConfirmedCatalogTransfer
composite with theExceptionReason
set toDisputedByLicensee
; andSeek a complete and current share picture from all Rights Controllers with an interest in the relevant Musical Work by sending
MusicalWorkClaimRequestMessage
s, as defined in the Musical Work Right Share Notification Choreography;
A Relinquishing Music Publisher when the
LoDConfirmationMessage
is used in the Confirmation Cycle of the extended choreography described in Figure 2 of Clause 5.1.2, in instances where, for example, the inclusion of a whole catalogue in the transfer documented in theLoDMessage
is rejected or when the Musical Works listed in theLoDMessage
are, in the view of the Relinquishing Music Publisher, not part of the catalogue transfer. This shall be signalled in theLoDConfirmationMessage
throughA
CatalogTransferException
that references the identifier of the disputed catalogue; orAn
Exception
in theConfirmedCatalogTransfer
composite that references the Right Share that is disputed.
In both cases the
ExceptionReason
shall be set toDisputedByRelinquishingPublisher
.
In addition, it may be that a Licensee cannot find any Releases or Resources in its systems that embody the specific Musical Work that is part of a catalogue transfer. In that case the Licensee shall set the ExceptionReason
to NotFound
to signal this fact to the Acquiring Music Publisher.
In the case of a communication via a hub, the hub shall forward the ExceptionReason
s it has received to the Acquiring Music Publisher.