Alternative dispute resolution
Expert-defined terms from the Specialist Certification in Contracts in Entertainment Law course at London School of Business and Administration. Free to read, free to share, paired with a globally recognised certification pathway.
Alternative Dispute Resolution (ADR) #
Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR) refers to methods of resolving legal disput… #
ADR can be faster, less expensive, and more flexible than going to court. It includes various techniques such as negotiation, mediation, arbitration, and collaborative law. ADR is commonly used in entertainment law contracts to settle disagreements between parties without the need for lengthy and costly court proceedings.
Arbitration #
Arbitration
Arbitration is a form of ADR where parties involved in a dispute agree to have a… #
The decision made by the arbitrator is usually binding on both parties, meaning they must abide by the outcome. Arbitration is often used in entertainment law contracts as a way to resolve conflicts privately and without going to court.
Collaborative Law #
Collaborative Law
Collaborative law is a process where parties and their lawyers work together to… #
The parties agree to cooperate and share information in a transparent manner to reach a mutually beneficial resolution. Collaborative law is often used in entertainment contracts to preserve relationships and avoid the adversarial nature of litigation.
Entertainment Law #
Entertainment Law
Intellectual Property (IP) #
Intellectual Property (IP)
Intellectual Property (IP) refers to creations of the mind, such as inventions,… #
IP is protected by laws, including copyrights, trademarks, patents, and trade secrets. In entertainment law contracts, IP rights are often a central issue, as artists and creators seek to protect their work and control its use.
Licensing Agreement #
Licensing Agreement
A licensing agreement is a contract between a licensor (the owner of a product o… #
Licensing agreements are common in the entertainment industry for the use of intellectual property, such as music, films, and merchandise.
Mediation #
Mediation
Mediation is a form of ADR where a neutral third party, called a mediator, helps… #
Unlike arbitration, the mediator does not make a decision but instead facilitates discussion and encourages compromise. Mediation is often used in entertainment law contracts to help parties reach a mutually agreeable solution.
Royalties #
Royalties
Royalties are payments made to an artist, author, or creator for the use of thei… #
In the entertainment industry, royalties are often paid based on sales or usage of music, films, books, or other creative works. Royalty agreements are a common feature of entertainment law contracts, outlining how and when royalties are paid to the rights holder.
Specific Performance #
Specific Performance
Specific performance is a legal remedy where a court orders a party to fulfill t… #
In entertainment law contracts, specific performance may be sought if one party fails to deliver on their promises, such as producing a film or providing a performance. This remedy aims to ensure that the contract is enforced as intended.
Talent Agent #
Talent Agent
A talent agent is a professional who represents artists, performers, and other t… #
Talent agents negotiate contracts, secure work opportunities, and advocate for their clients' interests. In entertainment law, talent agents play a crucial role in helping artists navigate the complex legal and business aspects of their careers.
Work for Hire #
Work for Hire
Work for hire is a legal concept where a person creates a work for another party… #
In the entertainment industry, work for hire agreements are common for freelance artists, writers, and musicians who create content for a specific project. The hiring party retains ownership of the work and its associated rights.
Zero #
Sum Game
A zero #
sum game is a situation in which one party's gain is exactly balanced by another party's loss. In entertainment law contracts, negotiations can sometimes feel like a zero-sum game, where one party's success comes at the expense of the other. Parties must strive to find mutually beneficial solutions to avoid the pitfalls of a zero-sum mentality and foster positive outcomes for all involved.
By mastering the terms and concepts in this glossary, students of the Specialist… #
From understanding the nuances of ADR to navigating licensing agreements and intellectual property rights, these terms provide essential knowledge for success in the complex world of entertainment law.