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How will IPRO handle the information we make available concerning the publications we represent? |
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IPRO will keep all information provided by a publisher about publications which it claims to represent, as confidential. However, this disclosure is essential in order to participate in the settlement, as the damages have been determined on the basis of the identification of journals which were reproduced without authority. IPRO will not disclose this information to any other person, including STM and Stichting STM. By the same token, IPRO will not disclose the publications of other publishers either, nor will IPRO disclose the details of any participation in the settlement by a publisher (including the amount awarded) to other parties. |
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Under what circumstances will IPRO consider us to be entitled to participate in the settlement in respect of the unauthorised electronic reproduction and delivery of a given journal? |
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If the publisher:
- owns the copyright in the journal or
- is authorised or otherwise entitled to collect royalties and damages arising from the electronic reproduction and delivery of the journal on behalf of the copyright owner,
in respect of Germany and during the period 2003 - 2007.
This is what is meant by references in IPRO’s documentation to a publisher representing a journal or controlling the copyright in a journal. |
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What happens if two publishers claim to represent the copyright owner of the same journal? |
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IPRO will ask both publishers for further written proof that they are entitled to represent the copyright holder in collecting royalties or damages calculated on the basis of royalties, in the country concerned (namely Germany) and the period concerned (namely 2003 to 2007). IPRO will make the payment to the publisher which it determines as proven its authority. If it has already made a payment to the publisher later determined to be the incorrect recipient, it will demand repayment in terms of the declaration and release agreement signed by that publisher. Also, if both publishers consent, IPRO may notify them of the identity of the other of them, so that they can communicate directly to settle the matter.
This is an eventuality which illustrates that it is in the publishers’ best interests to respond as soon as possible to participate in the settlement. |
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If we suspect that only a single article in a journal has been the subject of an unauthorised electronic reproduction and delivery, will you be able to identify that article? |
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It is in many cases only possible to identify the journal in which the article appeared. The publisher of the journal must, upon receiving payment of the settlement concerned, account to the copyright owner of the article under its own arrangements. |
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Can we participate in the settlement if the journal we represent was published in Germany? |
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Yes, but the settlement insofar as German publications are concerned is handled by VG Wort, the German collective licensing organisation. |
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May we have sight of the settlement agreement with Subito? |
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IPRO will release a copy of the settlement agreement to a publisher which bona fide represents to own and/or control a journal which may have been the subject of an identifiable unauthorised electronic reproduction and delivery. That copy is for the publisher’s information under the settlement only, and may not be further distributed or used for any other purpose. IPRO reserves the right to require proof of an actual claim by such a claimant publisher from case to case. |
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Is there a deadline by which claims must be filed? |
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There is no deadline, but any claim is subject to Dutch law on the prescription of claims / statute of limitations. On the basis that the prescription period ends five (5) years after IPRO received the settlement amount, all claims not settled by 30 April 2014 will no longer be recoverable. |
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Are the claims subject to a minimum threshold? |
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As the settlement process unfolds, STM has instructed IPRO to reserve the right to decline remitting funds on the ground that remittances are considered de minimis and the associated costs of settlement and distribution exceed the amount of the claim. IPRO will seek guidance from STM on the precise cut-off amount, once a base line of experience about the actual cost of identifying and verifying claims and claimants has been established. In any case, publishers are encouraged to submit their information, as this is the only way to enable IPRO quantifying any potential claims. |
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How is IPRO qualified to handle the settlement and the distribution of damages? |
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IPRO has been mandated by STM, one of the plaintiffs in the suit, to administer the distribution of damages received under the settlement to all international (ie non-German publishers). Apart from acting under the STM mandate regarding the Subito Settlement, IPRO is a collective rights management organization which is registered as a foundation under Dutch law. IPRO has experience in the distribution of funds based on the administration of Dutch Reader monies. IRPO has been established by STM and is not attached to any particular country or territory, but rather caters to the publishing sector most affected by the unauthorised document deliveries carried out by Subito and its member libraries in the past. As VG Wort is handling the distribution of funds relating to German domestic publications which in the litigation were represented by the Börsenverein, an international collective licensing organisation was an ideal counterpart to VG Wort and corresponds well to the international plaintiff in the litigation, namely Stichting STM. |
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Do I need to be a member of STM in order to qualify for a damages remittance by IPRO? |
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No, IPRO will administer damages payments in relation to all publishers, irrespective of STM membership. However, the present action and damages process illustrates the usefulness of belonging to a trade association that acts as the voice not only of scientific, technical and medical publishing, but also of publishers in the humanities and social sciences. |
