STIM’s policy for complaints on settlement

Principles for complaints

• Every rightsholder signed up to STIM is entitled to call attention to errors in a payment notification for a specific remuneration in accordance with what is stated in this policy. This is done via a so-called complaint. Complaints are made by logging in to “My Pages” on STIM’s web portal, filling in the “Complaints” form, and submitting it to STIM.
• Complaints must be submitted without undue delay from the date on which the rightsholder discovered, or reasonably should have discovered, the error. All distribution categories have an ultimate complaint deadline of three (3) years, i.e. the time a rightsholder has to notify STIM of an error in the remuneration. If the rightsholder does not call attention to the error via a complaint within this three-year period, the rightholder’s entitlement to bring the complaint against STIM expires.
• Unless otherwise stated in this complaints policy, the three-year complaint deadline runs from the date on which STIM made the payment for the relevant remuneration. If this relates to a foreign performance, the complaint deadline runs from the date of the performance instead. Reporting periods for each respective distribution category included in a given remuneration and the payment date must be stated on STIM’s website. A reporting period is the time period applied by STIM during which a performance took place and STIM received a music report.
• This complaints policy only applies to distribution categories with complete reporting.
• Questions and complaints concerning sampling and analogy remuneration are not included in the framework of this complaints policy, instead the rightsholder is referred to STIM’s general complaints policy. If the rightsholder, for an area to which sampling and analogy remuneration applies, subsequently reports the performance to STIM themselves and requests compensation for this, it should not be regarded as a complaint under this policy.
• For Online, complaints with a total amount of less than SEK 200 will be aggregated on a running basis until a total amount of SEK 200 is reached, when it will be paid out. Making a complaint in regard to a performance on YouTube requires a certain reference file. Read more about STIM compensation for Youtube clips.

Example of the implementation of STIM’s complaints policy on remunerations

STIM complaints policy is applied, for example, in the following situations:

• When a rightsholder has not received compensation and where reports and accounting exist, but STIM has made an error (e.g. documentative/matching/grading error).
• When a rightsholder has not received compensation for a period settled by STIM, and when a music user/arranger/artist is expected to report the performance.
• When a rightsholder has not received payment for a period relating to the performance that has been settled by STIM, and where the value exceeds the value applied by STIM in relation to manual identification of musical works in music reports.

Criteria for STIM’s examination and approval of a complaint

• STIM must be notified of the work.
• The rightsholder must be able to demonstrate that the performance took place by attaching some form of documentation. (Examples of documentation are a programme, link to a radio station’s playlist or TV listings.)
• It must relate to a performance within the applicable period. (The valid period for complaints are the reporting periods included in the payment.)
• The minimum amount that will be paid is SEK 200.
• Other criteria or requirements that STIM may deem relevant to the current complaint at any time.

If there is no information on the performance in the distribution statement, the rightsholder can find information on what was included in the latest settlement in STIM’s statement of payments.

Applicable reporting periods

It is only possible to make a complaint about performances once STIM has processed the reporting and settled the period in which the performance took place. Depending on the distribution category in which the performance took place, there is a certain delay. Once a payment that includes the performance date has been made, it is possible to make a complaint in accordance with this policy.

General reporting period

For most distribution categories, the reporting periods vary, in which case the complaint deadline is calculated according to the following principles. See the example below.

Live

For Live complaints, the rightsholder must present the complaint to STIM no later than three years from the date on which the last payment was made for the relevant reporting period.

Abroad

STIM applies a three-year complaint deadline from the time of the performance, during which the rightsholder is entitled to submit complaints to STIM regarding performances abroad. This is in accordance with CISAC’s recommendation. For complaints in relation to foreign remuneration, the deadline is governed by performance date rather than when the payment was made. It is always the foreign copyright organisation that determines whether and how the performance in the complaint will be settled. This is done in accordance with the foreign copyright organisation’s policy.

Other distribution categories

For other distribution categories the reporting period varies, in which case the calculation deadline is calculated in accordance with the following principles. See the example below.

STIM’s objective is to indicate whether the complaint is approved or not within a maximum of three weeks. For more complex cases it may take longer. Payment of an approved complaint is made as soon as possible, but depends on the time of year we received the complaint, and when the next payment for the relevant distribution category will take place. STIM normally makes four payments per year (March, June, September, December). If STIM requests additional documentation for a submitted complaint, and does not receive such documentation within a month of STIM’s request for supplementation, STIM will close the case with no further action. In this case, or in the event that STIM rejects a request for a complaint, a justified decision will be sent to the applicant in writing.

Review

If the rightsholder is not satisfied with STIM’s decision, they can request a review within a maximum of three weeks from the date the rightsholder was informed of the decision, by contacting STIM in writing via e-mail [email protected] or letter to:

STIM
PO Box 17092
SE-104 62 Stockholm

If the rightsholder fails to submit a request for review within the deadline, the rightsholder is referred to the general courts of law for examination of STIM’s rejection of the complaint.

STIM’s decision in a review is not final, but can always be examined in a general court of law.
 

Adopted by STIM Board of Directors on 16 December 2016