The entertainment field is very complex, most disputes between producers and unions are resolved by an arbitrator who will interpret the contract. If an arbitrator awards a remedy, a court may be called upon to enforce the award. Court enforcement is necessary in very few arbitration cases, especially in the international context (Bartlett). Disputes involving licensing contracts are often lengthy and complex and involve numerous parties. Most of the lawsuits involving union employees are resolved through arbitration, since union contracts have long resorted to this process to expedite the resolution of disputes (Bartlett).
In the entertainment field especially, employment contracts require more specialized knowledge in the entertainment field.
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The contracts in the entertainment industry take many forms, some recognizable to attorneys engaged in the drafting and litigation of contracts, and others requiring more specialized knowledge. Often the contracts contain an arbitration clause, making arbitrators with specific knowledge of the entertainment industry a vital part of the process of resolving disputes that invariably arise. (Bartlett) A typical contract between author and publisher grants the publisher the exclusive right to market the author’s title. This publishing contract consists of a royalty scheme through which publisher and author share revenues from sold copies. Due to the nature of advance contracting between creator and producer, the standard approach to use sales as a success measure can be misleading from the producer’s perspective (Beck). The contracts that govern TV program series differ considerably from the contracts that govern cinema films. In viewers ' eyes, the leading actors in a TV series become one with the characters that they play, and successful replacements are rare. From the moment an actor first reads for a role in a new sitcom, the actor is committed to an option contract that commonly runs for five years. When a successful program such as Seinfeld or Friends outlasts the standard contract duration, the star performer 's compensation is up for grabs. The option contract is accepted practice in TV broadcasting, but it clearly exacts its costs. Programs sometimes get cancelled because stalemates arise in renegotiating contracts
Sue contracts with Tom to deliver a quantity of computers to Sue’s Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. If the dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case? Explain. (See Alternative Dispute Resolution.)
The Oyez Project at IIT Chicago-Kent College of Law. (2014, May 3). MGM Studios v. Grokster. Retrieved from http://www.oyez.org/cases/2000-2009/2004/2004_04_480
The Arbitration Fairness Act declares no dispute regarding arbitration of an employment, consumer, anti-trust, or civil right dispute be deemed a valid or enforceable pre-dispute arbitration agreement. The act has many arguments against it that increases the number of cases that are filed or even overburden by the courts. The consumer should not have benefits of the law that has been evolved because of the expense it causes. Although this is implied, business should have the ability to use contact laws that would force this result.
Within the Social Contract Theory, living within a society requires us to have rules and laws. This gives people the groundwork for how people and governments cooperate. Individuals receive stability when they live in a social structure. This gives them security from other individuals that may want to do them wrong. In order for them to receive this protection, they have to give up some freedoms, such as being able to steal without receiving punishment. Individuals need to commit to helping make society secure, and happy.
Today the entertainment industry overpowers society, millions of people spend their time watching shows, movies and soap operas. How can the industry keep all the people satisfied? Many people get reeled in by the supernatural, so majority of todays industry revolves around the supernatural such as vampires, werewolves etc. . Taking vampires for example, vampires have become a huge part of teenage fictional literature and the entertainment business takes advantage of it and creates film adaptations of books such as “Twilight”. Since individuals are so hooked they rush to buy movie tickets to see the film, according to Del Toro and Hogan, “ In a society that moves as fast as ours, where every week a new “blockbuster” must be enthroned at the box office…” (323). In the end the entertainment industry uses the supernatural theme to make a great amount of profit and they keep making sequels and new movies rap...
The entertainment industry includes an immense number of sub-industries, all in the business of providing entertainment. Entertainment can be defined as anything that generates an enjoyable diversion, such as theatre, film, comedy, music, cinema, television and radio. A large number of businesses in the entertainment industry have begun providing subscriptions for their customers. Subscriptions not only provide benefits and savings for customers, but also an increase company sales, audience, and advertising.
This report is set to outline and highlight key developments in a very important piece of law “Federal Arbitration Act” which is also commonly known as FAA. In order to look at the FAA in detail which was developed in late 1925, first let’s see what the word Arbitration mean. In simple words, Arbitration is known be to a very informal, private and isolated process in which all participating parties agree to hand in their disputes and problems in writing to one or more independent parties who are sanctioned to resolve the problem or issue. If someone ask you a question to define the act of Arbitration or what does it mean, most of us will have one of the following opinion:
Hollywood is the home of movie making, and the movie industry is big business so it is not surprising that labor unions are considered necessary. Like all unions, the ones in Hollywood were formed to protect the rights of those employed in the industry. Unions in Hollywood first started in the early 1900s due to contract disputes. Back then “studios essentially “owned” their artist” (Ferrell, O. C., Hirt, G. A., & Ferrell, L., 2014) so the actors were unable to work for others in the business. Throughout the years the unions evolved to include work conditions, hours worked, and financial restitutions. Hollywood labor unions are not going anywhere any time soon. In the continuing years issues will arise that will require the actors to use unions
When the lawsuit was filed, CBS added that they have been working with the actors to resolve the royalty pay issues for some time. Meanwhile it looks like after the lawsuit was filed, CBS issued checks to the actors for the previous five years, which included a merchandise royalty share for those slot machines. Looking at all these factors, I feel like they were aware and were later starting to make a good faith effort in the eyes of people. Often the contracts are enforced and written in favor party responsible for writing the contract, so contracts may be biased toward one party. While this could seem unfair, I feel that in this way at least this helps us to get started a certain place. Once the initial contract is reviewed, the other party should take steps to eliminate these biases. They should make a list of changes, or modifications, which they would like to see, then discuss them with the other parties to the contract. As a result of this negotiation, they may be able to change the contract so the terms, or conditions, are more favorable to them. On the other hand the party that did not create the contract (employee, buyer etc) typically one who gets paid or receives something, has to make sure that the contact is
ADR holds an extensive, easily influenced and diverging choice of processes for finding solutions to disputes which are personified by structured negotiation and consensus. It is regarded that arbitration is a familiar ADR technique, however, it is more of an official adjudicative and adversary technique initially a confidential litigation process which has more commonality to litigation than the more original consensual processes which symbolise ADR. As simplified by Angyal (Alternative Dispute Resolution, 1987, p. 11). "The key difference between ADR and those traditional techniques of litigation and arbitration is that ADR techniques are used to produce a resolution to dispute through a negotiated agreement while litigation and arbitration are processes by which a result is imposed on the parties. " We can say that many issues arise with terms.
An arbitrator’s function is usually to interpret the collective bargaining agreement between the parties, not to apply his or her standards of what is right in a given situation. The courts have sought to compel labour and management to a peaceful resolution of grievances through arbitration. The Supreme Court has given support to the arbitration process in a series of decisions, and judicial deferral to arbitration has become a basic tenet of national labour policy. Bibliography Byars, L. L. (1997). The.
In the world of commerce, employment, and other social relations, businesses and individuals strive to choose either arbitration or mediation (conciliation). There are situations when parties submit their cases to arbitration bodies for mediation and, vice versa, when mediators are requested to resolve the dispute through the arbitration award. The arbitration and mediation traditions vary from jurisdiction to jurisdiction, but their general ideas still remain similar. However, while a mediator in a single process possesses no entitled authority to render an award, an arbitrator is vested with more procedural powers and can execute a mediator’s functions. Furthermore, despite the flexibility of arbitration and mediation procedures, as well
Gies, T. P., & Bagley, A. W. (2013). Mandatory arbitration of employment disputes: What's new and what's next?. Employee Relations Law Journal, 39(3), 22-33.
Movies, TV programs have been a major part of our life entertainment, as watching films in the cinema or on the living room couch with friends or families at leisure, while actually, the impact that the movies and TV programs have on this society has already reached further than just entertainment. Some people might conceive that the movies are just made for divertissement, which should not be taken seriously, and that a movie needs stereotyped characters to make it looks interesting, representative, and attractive. However, the fact is a diametrically opposite that the so-called entertainment media is exactly molding people’s mind and attitude towards social issues and towards the
Luzi, Evan. "7 Unrealistic Expectations of Film Industry Jobs." The Black and Blue. Web. 07 Apr. 2014.