Processing of appeals and dispute resolution related to collective management

Processing of appeals at Gramex

If you are client represented by Gramex, a Gramex member or some other collective management organisation and you want to bring a complaint before Gramex concerning its procedure, negligence or decision that impacts your rights and interests under the Act on the Collective Management of Copyright, you may file a written complaint with Gramex.

The complaints are processed by the society’s office led by its managing director. If the managing director considers the nature of the complaint to require a committee set by the board of directors, the managing director refers the processing to the board which then sets a committee to process the complaint.

A written resolution is made within a reasonable time period and the appealing party is notified in writing.

Alternative dispute resolution

According to Finnish legislation, any dispute that can be settled may be settled with an alternative dispute resolution procedure if the parties so agree. The most common procedures are amicable settlement and arbitration. Settlement services are provided by the Central Chamber of Commerce and the Finnish Bar Association, among others..

Arbitration is a quick and confidential option intended for business disputes, in particular. An arbitration award is an enforceable decision that is legally binding for both parties. According to the Copyright Act, any disputes regarding certain remunerations administered by Gramex are settled by way of arbitration unless a party refuses to approve the procedure.

Dispute resolution in court

Section 67 of the Act on the Collective Management of Copyright stipulates the competent court where a dispute concerning collective management is settled.

Disputes based on chapters 3–6 and 8 are considered in a district court. These chapters include regulations regarding the rights and decision-making powers of members in a collective management organisation, the protection of the interests of members and rightholders in collective management organisations, the management of copyright remuneration, the relationships between collective management organisations, and the transparency and duty of disclosure of collective management organisations.

Any dispute based on chapters 2, 7 and 9 of the Act on the Collective Management of Copyright is considered in the Market Court. These chapters include regulations regarding rightsholders’ rights, the relationship between a collective management organisation and users, and the multi-territorial licensing of online rights in musical works.