From The People's Court to American Idol: The Relationship between Reality Television and Arbitration, On-Air and Off

Authors

Jared Bloch, Benjamin N. Cardozo School of Law

Abstract

The first section discusses the background of the role of alternative dispute resolution ("ADR") in television, starting with the courtroom dramas that helped bring ADR to mainstream culture. Next, the Note will explore the regulations that helped to shape the television industry, in conjunction with a discussion of why the impact of these regulations is still being felt today. Then, the Note will discuss the effect that guilds, such as the Screen Actors Guild ("SAG") and American Federation of Television and Radio Artists ("AFTRA"), have on arbitration provisions and contracts as a whole, as well as a bigger picture analysis of the monetary implications from lack of guild oversight. Following this, the Note will discuss the trends as to when these contracts are found to be enforceable and when they are not. The discussion then moves to how these clauses impact both parties, focusing on potential litigation issues specific to reality television shows. Finally, the Note ends with the conclusion that while media conglomerates do have the upper hand in negotiations, they have been given this advantage by the very people who now claim that the industry practices as one-sided. However, in reality, even if the practices are unfair, the financial constraints of the judicial system force parties to commit to ADR, which is ultimately the best and most viable mechanism for both sides.

Disciplines

Communications Law | Dispute Resolution and Arbitration | Judges | Law | Law and Gender

Recommended Citation

Jared Bloch, From The People's Court to American Idol: The Relationship between Reality Television and Arbitration, On-Air and Off, 14 Cardozo J. Conflict Resol. 503 (2013).
Available at: https://larc.cardozo.yu.edu/cjcr/vol14/iss2/8