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
Exceptionin theConfirmedCatalogTransfercomposite with theExceptionReasonset toDisputedByLicensee; andSeek a complete and current share picture from all Rights Controllers with an interest in the relevant Musical Work by sending
MusicalWorkClaimRequestMessages, as defined in the Musical Work Right Share Notification Choreography;
A Relinquishing Music Publisher when the
LoDConfirmationMessageis 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 theLoDMessageis rejected or when the Musical Works listed in theLoDMessageare, in the view of the Relinquishing Music Publisher, not part of the catalogue transfer. This shall be signalled in theLoDConfirmationMessagethroughA
CatalogTransferExceptionthat references the identifier of the disputed catalogue; orAn
Exceptionin theConfirmedCatalogTransfercomposite that references the Right Share that is disputed.
In both cases the
ExceptionReasonshall 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 ExceptionReasons it has received to the Acquiring Music Publisher.