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Song Claim Process
A publisher or society may contact HFA because it believes it has a full or partial claim to ownership of a composition that is currently listed in HFA’s records as belonging to another party. (The currently listed publisher or foreign society is referred to by HFA as the "publisher of record," or "POR".) HFA's song claim process is administered by Client Services.
A party making a claim (referred to as the "Claimant") must present the claim in written form, with sufficient detail to permit HFA to process the claim. If you wish, you can attach documentation to support your claim. The claim and any supporting documentation should be sent to clientservices@harryfox.com
If appropriate, Client Services may first attempt to resolve the claim informally by contacting the POR by phone or email to try to obtain appropriate written direction authorizing HFA to change its records. If the claim cannot be resolved informally, HFA will send a notice of the claim to the POR, to which the POR has 30 days to respond. (If HFA cannot locate the POR or verify receipt of the notice by the POR, HFA will advise the Claimant that it cannot act on the claim.).
In the event that the POR acknowledges the validity of the claim in response to the notice, Client Services will adjust HFA’s records in accordance with such acknowledgment and notify the relevant parties of the change. If the POR responds by disputing the validity of the claim, HFA will notify the Claimant and advise the Claimant that no further action can be taken absent further written instruction from the POR or a final and binding court or arbitration decision.
If the POR fails to respond to the notice for a period of at least 30 days HFA may send up to two additional notices in an attempt to obtain a response. After that, if HFA is able to verify that the POR received the notices, HFA may then, in appropriate cases as determined by HFA in its discretion, change its records in accordance with Claimant's claim. Before HFA can change its records, the Claimant must execute an appropriate indemnification of HFA on a form provided by HFA.
To the extent HFA is unable to act on a claim, the publishers are encouraged to resolve the dispute between themselves. In some instances, publishers are unable to resolve their song ownership disputes amicably and resort to litigation. Upon notification of a pending legal proceeding, HFA may place future income generated by the song(s) at issue on hold pending final resolution of the dispute. If such action is taken, HFA will notify the relevant parties.
Please note that the song claim process can take several months to complete. If an individual claim involves complicating factors, HFA may take additional actions, or refrain from taking certain actions, as HFA deems appropriate.
For the process to move along quickly, it is important that publishers or societies who receive notices from HFA respond promptly to those notices. Additionally, if a publisher acquires or sells a song or a catalog, please inform HFA with a Letter of Direction so we can update our records, and the song claim process can be avoided.