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Cardozo Journal of Conflict Resolution

Abstract

Part II will discuss the disputes that arise within the major record label and artist relationship in more detail, including a discussion of record deal basics, unfairness debates, infringement and ownership disputes, and litigation. These disputes are largely to blame for the public's growing negative perception of the music industry. Part III defines arbitration and mediation, and explains the benefits of and differences between the two types of ADR. Part III will also discuss the use of ADR in the artist-label relationship specifically, including a discussion of factors to consider in deciding whether to mediate or arbitrate based on the stage of the relationship. Part IV will discuss the problems encountered in suggesting the use of ADR to artists and record labels, and the incentives for artists and labels to overlook their inhibitions, as well as the possibility of a boost from Congress. Finally, Part V summarizes the argument for using ADR to solve disputes efficiently and effectively in the artist-label relationship context.

Disciplines

Dispute Resolution and Arbitration | Law

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