At Koda we also maintain a firm policy of neutrality in rights disputes, partly because we represent both parties in connection with collections and remuneration. This principle of neutrality also applies when one of the parties involved in the dispute is not a member of Koda.
However, to accommodate our members’ wishes and requests we offer information meetings (“fakta-møder”, literally “fact meetings”) as an aid towards resolving legal disputes.
When it has been ascertained that a real rights dispute is on the table, Koda will invite you to an information meeting. This meeting, which must be held within four months after the dispute has been ascertained, is offered to everyone regardless of the nature or financial scope of the dispute. Attendance is entirely voluntary. Failure to appear will not lead to any sanctions.
The meeting may either be a joint meeting where all the parties involved are present, or Koda may hold separate meetings for all parties involved if you prefer.
The agenda of the meeting will be to state and clarify facts, including Koda’s rules on the area.
On the basis of the results of the information meeting and the overall circumstances of the case Koda will assess whether the parties should be offered further assistance in the form of either a Music Adviser assessment or mediation.
Music Adviser assessment
This is particularly relevant in plagiarism cases and cases involving sampling and other processing/modification of music.
Any assessment conducted by a Music Adviser will always be subjective in nature. For this reason it will only be carried out if all the parties involved agree that it should be done.
In special cases a second opinion may be obtained from competent external advisers.
Mediation is offered in cases of a fundamental nature and in cases where the financial stakes are high. In such cases Koda will employ an external mediator to help the parties find a solution to their dispute.
All cases will only proceed from an information meeting to a Music Adviser assessment or mediation process if all parties agree to this.