Feedback, complaints and disPutes
Recorded Music NZ also recognises that there are a variety of issues that may arise in relation to the collection of data and the distribution of funds.
When Recorded Music NZ becomes aware of such an issue, we seek to contact all the parties involved and in most cases request that each party set out their position in writing and provide any supporting documentation. Where possible, we will then meet with the parties involved, with the aim to agree a mutually acceptable solution.
In the rare case where an issue cannot be resolved, then the parties involved may wish to work through Recorded Music NZ’s alternative dispute resolution process.
How to make a complaint
If you have a complaint about any aspect of Recorded Music NZ’s business or operations, you should make your complaint in writing. You should address the complaint to:
Your complaint must include:
- Your name and contact details, and/or the name and contact details of your organisation. Recorded Music NZ will not investigate anonymous complaints;
- The nature & reason of the complaint;
- The outcome you hope to achieve; and
- Any material that supports your complaint.
Dealing with complaints
- We will acknowledge receiving the complaint within 7 days of receiving it.
- If the complaint involves another person, we will forward the complaint and any supporting material to that person for comment.
- We will respond to the complaint in writing within 14 days of acknowledging receipt. However, it the complaint involves another person, we will respond as soon as practicable after receiving that person’s comments on the complaint.
- We will maintain a register of all complaints received and the response we have made.
- All responses will provide you with the opportunity to take the matter further.
- You will have a further 21 days to make any comments on or respond to our response.
- If you are not satisfied with the explanation that has been provided, you will have a further 14 days to request that the matter be referred to alternative dispute resolution.
Alternative Dispute Resolution
As a copyright owner / music rights holders, artist, licensee or potential licensee, there are a range of options available to you to resolve disputes, should one arise.
In some circumstances, licensees and potential licensees may also be able to seek a determination from the Copyright Tribunal in relation to the licence fee and other terms and conditions applying to their licence. Either you or Recorded Music NZ may choose to pursue these options at any time.
Recorded Music NZ also offers mediation as an independent, low-cost and efficient dispute resolution process to deal with any disputes. The key elements are set out below, but you should feel free to contact us for further information.
There are a few important threshold principles that apply:
- We will generally only agree to participate in mediation if you have already made a complaint to Recorded Music NZ in the manner outlined above, and you have given us sufficient time to consider the issues you have raised and provide a response.
- We will only agree to participate in mediation if we are satisfied that there is a genuine dispute between the parties as to matters of substance and that you are committed to achieving a resolution of those matters through mediation. We will not agree to participate if we reasonably believe that you are merely using the process as a means to pursue other objectives (for example, to delay Recorded Music NZ taking action in an infringement matter).
- If you do not comply with any of your obligations in relation to mediation or if we reasonably form the view at any time that you are no longer genuinely committed to achieving a resolution of the matters in dispute, we may withdraw from the mediation and treat the dispute as closed.
Mediation is a form of structured, assisted negotiation in which the parties find their own solution to a dispute with the help of a mediator. The mediation will be administered in accordance with the Mediation Protocol of the Arbitrators’ and Mediators’ Institute of New Zealand Inc (AMINZ).
Recorded Music NZ does not impose any charges for accessing mediation. We also will not seek to recover any costs we incur ourselves as a result of our participation in mediation (e.g. fees for professional advice, costs of management time, etc). Similarly, you will need to cover all of your own costs of participating in a mediation.
You and Recorded Music NZ will share equally all of the external third party costs involved in a mediation. These costs will usually include:
- The professional fees charged by the mediator, together with any travel, accommodation or other incidental costs they pass on to us; and
- The costs of hiring a venue – although Recorded Music NZ will always be happy to make available (at no charge to you) a meeting room at its offices in Auckland, as a means of helping keep your costs down.
You will be required to pay your share of the estimated external third party costs as a security deposit to AMINZ (as contemplated in their Mediation Protocol). As the costs are incurred, they will be recovered from the security deposit. You may be required to pay a further security deposit if the costs look like exceeding the estimate.
At the conclusion of the mediation, the mediator will provide you with a statement of the actual costs incurred (and any relevant supporting documentation), together with a reconciliation against the security deposit(s) you have paid.