Mediator
I. What is the purpose of these regulations?
Art. 1. These regulations set forth the procedures governing the mediator’s handling of complaints - in particular, second-level complaints—submitted to him.
Second-level complaints are defined as those that have previously been handled by Customer Service and/or another department or committee of Sabam.
With regard to complaints for which Sabam and/or the law provide a specific procedure, the mediator’s role is limited to verifying compliance with the applicable rules. For example, Sabam’s Articles of Association and General Regulations set forth specific rules regarding membership in Sabam, the documentation of works (including the classification of works), and the reporting of used works. In the event of a dispute, only the Executive Committee or the governing body may resolve the dispute.
II. Who may file a complaint with the mediator?
Art. 2. Sabam’s members, rights holders, and users of the Sabam repertoire who have a legitimate interest may file a complaint with the mediator regarding specific actions taken by Sabam in connection with rights management for which they have not received a clear, relevant, or satisfactory response from Customer Service and/or another department or committee of Sabam.
A complaint from a legal entity must be filed by a natural person authorized to do so.
III. What conditions must a complaint meet to be considered by the mediator?
Art. 3. A complaint is inadmissible if:
1° it has not been previously submitted to and addressed by Customer Service and/or another department or committee of Sabam, and a period of six months has not elapsed since the date on which Customer Service concluded its intervention.
2° it is manifestly unfounded, is filed within an unreasonable timeframe, is entirely fabricated, or is solely offensive or defamatory;
3° it is essentially the same as another complaint rejected by the mediator and contains no new elements with respect to the latter complaint;
4° it is the subject of proceedings before the courts or has already been filed with the supervisory authority for copyright and neighboring rights management organizations;
5° it must, in accordance with the articles of association and the bylaws, be handled by another department or decision-making body of Sabam. Depending on the subject matter and the seriousness of the elements of the complaint, it shall be submitted to the Executive Committee and/or the Executive Board, which shall decide on the appropriate course of action to be taken.
6° it is submitted in an unwritten and/or anonymous form;
7° it does not meet the conditions set forth in these regulations and/or does not contain all necessary information or documents.
IV. How can a complaint be filed with the mediator?
Art. 4. A complaint may be submitted to the mediator in writing by mail or electronically and must meet the conditions set forth in these regulations.
A written complaint, as well as all subsequent correspondence, must be duly signed by the complainant or his or her representative.
A verbal or anonymous complaint is not admissible.
V. What information must a complaint necessarily include?
Art. 5. Every complaint must clearly state:
1° the identity of the complainant, specifically their first and last name (or the name of the legal entity or unincorporated association), their full address (or the address of the legal entity’s registered office or the address of the unincorporated association), their phone number or other means of communication (fax number, email address, etc.).
2° the capacity of the complainant’s representative as well as his legitimate interest;
3° the clearly and precisely stated subject matter of the complaint;
4° the prior steps the complainant has taken with regard to Sabam to attempt to obtain redress on their own (including reference to correspondence with Customer Service);
5° a chronological account of the facts;
6° the identity of all persons (natural or legal persons) who may be involved in the complaint.
The complainant shall attach to the complaint a copy of all relevant documents and supporting evidence. If the mediator determines that a complaint is incomplete, he or she shall invite the complainant to provide the missing information. If the complainant does not respond within a reasonable period of time, the mediator shall dismiss and close the complaint.
VI. What can the complainant expect from the mediator’s handling of their complaint?
Art. 6. The complainant has the right:
1° to be informed within five business days of the receipt of their complaint and its admissibility;
2° to have their complaint handled correctly and respectfully within the prescribed timeframe;
3° to an objective and impartial investigation of their complaint, conducted with complete independence;
4° to be informed of the mediator’s procedures;
5° to have the mediator provide reasons for any refusal to handle the complaint;
6° to be informed of the progress of their case at all stages of the complaint process;
7° to receive a clear, relevant response to his complaint no later than one month after it is submitted. For exceptional, justified reasons, the deadline for handling the complaint may be extended by up to one additional month;
8° to be informed of Sabam’s decisions regarding any recommendations made by the mediator and/or the position of any other parties involved;
Art. 7. The mediator may hear the complainant. If multiple parties are involved in the dispute, all parties shall be heard by the mediator.
In the event of a complaint between two or more parties where Sabam itself is not a party to the dispute, the mediator’s role is limited to guiding, hearing, and advising the parties to reach an amicable settlement. If an amicable settlement cannot be reached within a reasonable period of time, the mediator shall definitively conclude his or her intervention.
Sabam must maintain a strictly neutral position in complaints involving multiple members.
VII. What are the complainant’s obligations?
Art. 9. The complainant must:
1° provide all additional information requested by the mediator;
2° be present in person when the mediator invites him to be heard and provide a complete and honest answer to all questions. If he fails to attend the meeting without a valid justification, the mediator shall dismiss and close the complaint.
3° refrain, either directly or through a representative, from any interventions with Sabam and/or the audit department or the court that have not been agreed upon with the mediator and that would run parallel to the mediator’s intervention, for as long as the mediator is handling the case.
In the event of parallel intervention, the mediator will terminate his assignment.
If the mediator determines that the complainant, in his capacity as a member of Sabam, has unlawfully appropriated rights or intends to do so, the mediator shall terminate his assignment and refer the case to the Executive Committee, which, in accordance with the articles of incorporation and the bylaws, may take disciplinary measures against Sabam’s partners.
The complainant will be notified in advance that his case is being referred to the Executive Committee.
VIII. What are the mediator’s obligations?
Art. 10. The mediator must handle the complaints he receives in accordance with the provisions of these regulations.
Art. 11. The mediator must comply with the rules of professional conduct. He is expected to behave with integrity, ethics, and responsibility. Under no circumstances may he prejudice the material or moral interests of Sabam or those of the complainant.
In the performance of his duties, the mediator shall demonstrate impeccable honesty and perfect objectivity.
He shall decline any benefits of any kind that might be offered to him by the complainant, third parties, or Sabam’s partners, and that could influence him in the performance of his duties.
The mediator shall under no circumstances use the information obtained in the course of his duties in circumstances outside the scope of his duties.
The mediator acknowledges that he is bound by professional confidentiality, as provided for in the Copyright Act.
IX. What are the different stages in the mediator’s handling of a complaint?
Art. 12. During the handling process, a complaint goes through various stages with the mediator. These are systematically indicated by the mediator in his correspondence with the complainant.
1° Acknowledgment of receipt: This marks the initial contact regarding a case; in an initial letter, the mediator informs the complainant whether the complaint is admissible. This occurs within five business days of the complaint’s submission.
2° Case processing: the stage in which the mediator gathers additional information by requesting further details from both the complainant and any third parties involved. Given Sabam’s neutral stance, the mediator is required to contact all parties involved in the complaint.
The substantive review phase of a case applies when no matter of principle is at issue or when the case does not need to be referred to another department or decision-making body of Sabam and/or to the courts.
3° Inadmissible or unfounded complaint: The mediator responds to the complaint as soon as possible, no later than one month after it is filed. The mediator informs the complainant by means of a reasoned letter that the complaint is wholly or partially unfounded under these regulations.
4° Response and/or mediation proposal: the stage of a case in which the mediator makes a proposal or proceeds with mediation.
When there are multiple parties involved, each of them must always be heard.
No other aspect of the mediation is binding on the parties or may be used for or against them, whether the mediation is successful or fails.
No later than one month after the complaint is filed, the mediator shall make every effort to find a clear, relevant, and satisfactory response and shall inform the complainant of this in a letter stating the reasons.
For exceptional, well-founded reasons, the deadline for handling the complaint may be extended by a maximum of one additional month.
Art. 13. If Sabam decides to initiate legal proceedings to resolve the dispute submitted to the mediator, the mediator shall inform the complainant in advance and terminate his assignment.
X. How does the mediator take stock of his activities?
Art. 14. The mediator prepares monthly and annual activity reports in which he describes and specifies the complaints submitted, processed, and pending during the relevant month and year. For each complaint, the mediator shall indicate the steps taken, the recommendations made, and the risks to Sabam.
Based on these activity reports, the Executive Committee may take appropriate measures, such as revising the rules for the collection and distribution of royalties.
XI. When do these regulations take effect?
Art. 15. These internal regulations were drafted and approved by the Executive Committee.
The Executive Committee ensures that they are correctly applied in practice, evaluates their effectiveness, and makes the necessary amendments and updates.
A copy of these by-laws is provided to the audit department for information purposes and published on the Sabam website.
Contact:
Tweekerkenstraat 41-43, 1000 Brussels