In my free time over the next 30 days I am writing a draft article entitled – ‘All I Want For Christmas Are Damages – Mediating Music Disputes’
The current working draft appears on the ‘Mediating Art & Music Disputes’ page at www.carlislam.co.uk. One of the remedies available in a management contract dispute is breach of fiduciary duty by the manager. This is connected to recovering copyright and back-royalties and obtaining a declaration that the contract is void e.g. for undue influence. The current structure of the article is:
- Introduction.
- Music Business.
- Fiduciary Duties owed by Managers to Artists.
- Constructive Trust?
- Artists’ Rights.
- Copyright in Music.
- Fair dealing & exceptions.
- Remedies.
- Questions for the Mediator to ask each Participant in a Pre-Mediation Zoom /TEAMS Call and on the Mediation Day.
- Bibliography.
- Cases.