CONFLICT RESOLUTION IN THE MUSIC INDUSTRY

BY IDOWU ANUOLUWAPO

ABSTRACT

The entertainment sector is a thriving one, it seems records are set daily to be shattered the day after. This paper explores the dynamic nature of the music industry while concentrating on settling conflict occurrences before costly escalations. It also examines the importance of an easier and faster way out while taking note of the bodies and corporations involved in the dispute resolution process and the most practical mechanisms to be used.

1.0. INTRODUCTION

In a sector of creatives, the tiniest detail is very important and should be protected as many things could go wrong.  It is not surprising that this sector of creatives births mind-blowing disputes. There is a number of oral arrangements and promises made with little reduced to writing, leaving a good number of written down contracts without the right precision on the order of how things are supposed to be.  Hence, the bringer of other miscalculated misfortunes.

There are over a million disputes arising in this peculiar industry yearly. The most common ones arise in relation to unfavorable record label agreements, unsettled agent percentages, sample clearing, copyright infringements, concert halls arrangement, unfavorable clauses in managerial contracts, and publishing agreements.

2.0. THE INFLUENCE OF ADR ON DISPUTES IN THE MUSIC SPHERE

The music Industry is not immune to the complexities that arise with litigation. This includes the lengthy duration, cost, and many others. These pose limitations to an amicable dispute resolution process . The impracticality of appearing regularly for court proceedings coupled with the rigidity of the litigation process serves as a barrier to adapting to the imminent needs of the industry.

Examining the contrast between the features and advantages of other dispute resolution mechanisms against litigation makes it fair to say litigation has little to offer to the industry. A rationale is a good number of artists, if not all, have spent a long time waiting and praying to go mainstream(blow). Most of these issues occur when things are moving fast, and any slow down could cause a disastrous effect on the artiste's presence and fan base. The show Biz industry is guided by the “as e dey hot mantra.” Steady releases, choke hold features, back-to-back bangers, and filled-out concert venues. Resolving a dispute en route litigation is synonymous with pricking the Hot air balloon with a needle while mid-air.

For this reason, sourcing for alternate media to solve conflicts is necessary in order to clear up unresolved issues and move on with life. Settlements would come in the form of a win-win approach for both parties.  It is important to note that severance of relationships is not ideal in this cobwebbed group dynamic called industry connections. 

Currently, arbitration is the most common form of dispute resolution in the music industry and this is for various reasons. One is that most record labels or artists belong to a union or society which advocate for the inclusion of an arbitration clause. The second is the possible ignorance on the part of the artist. He is aware of the contract but does not understand the exigencies or alternatives to that clause. In Nigeria, we might be experiencing a delay or lagging behind on many issues and subject areas except Music. Whether it be Afrobeats, Afro-Fusion, or other genres, one undeniable factor is our recognizable imprints globally. The famous case of Mo'hits Record v. Wande Coal is an example of dispute resolution through an arbitral settling process.  Following this success, Wande Coal could move to a new record label without carrying on the shackles of copyright debt from his previous contract arrangement.

The case of  Tuface Idibia v. Kennis Music explains one of the many disadvantages of the long process of litigation and canvasses for the swift solution brought by arbitration. Not only were the conflicting issues laid to rest, the parties were also free from contractual obligations and could go further on personal plans for career progression.

There have been advocations for mediation following an unsuccessful negotiation process. This has many advantages. One of which is equipping the parties with a broad range of choices. Also, Mediation serves as a more accommodating option for the inclusion of those unwritten agreements to be recognized and considered before a settlement option is proposed and this way, there is more context on meeting the expectation of both parties. 

The Nigerian Copyright Commission established the WIPO Mediation and Arbitration Center upon signing a memorandum of understanding to signify a partnership with the World Intellectual Property Organization.

The arbitration process accommodates copyright disputes in the form of licensing agreements, and content distribution disputes among other things. The Mediation procedure requires the inclusion of mediation as a settlement agreement in the contract. In the absence of this inclusion, the conflicting parties must collaboratively or unilaterally send an email request to the WIPO Center  and the Nigerian Copyright Commission that is, to arbiter.mail@wipo.int and adr@copyright.gov.ng, respectively. 

The Judicial Arbitration and Dispute Resolution and Mediation Services (JAMS) are the preferred choices to resolve complex disputes while offering faster and less expensive services. Their conflict resolution services range from talent and producer agreements to synchronization rights and other intellectual property rights bordering on copyright specifically.

3.0. CONCLUSION

The post-pandemic era has ushered in a series of chart-breaking music. There may be individual preferences for the genre of music, however, the impact as a source of entertainment is visible enough to demand its recognition as such. 

The frequent breakouts in the music industry constitute a large slice of content, especially for bloggers and lifestyle magazines. Publicising personal disagreements could exaggerate the issue at hand and stir negative reactions amongst fans and music consumers.

These serve as one of the significant impacts of alternative dispute resolution in resolving the music industry conflicts while preserving relationship ties. Proposing Arbitration and Mediation as dispute resolution mechanism meets the dynamic criteria set by this fast paced and spontaneous industry.