‘Performers’ Rights & Mediation of Music Disputes’

From August 2024, I am writing a new practical handbook that I will offer for publication – ‘Performers’ Rights & Mediation of Music Disputes.’

The book is about legal & commercial negotiating principles for parties, legal representatives & mediators involved in a music business dispute.

For more information please visit the ‘Performers’ Rights & Mediation of Music Disputes’ page at www.carlislam.co.uk.

At the top of the page you will also find links to my articles published earlier in the year in the Law Society Gazette:

– ‘Golden rule in commercial mediation.’
– ‘Commercial Mediation of Music Disputes.’

These are free to read online – just Google.

I started work on the negotiation principles content for the new book in June.

Depending upon my available free time, I plan to complete the writing of the book before 1 January 2025. Work in researching the book began over 12 months ago.

From 1 March 2025 I also plan to write a book for academic publication entitled – ‘Cultural Heritage Law & International Dispute Settlement’. See the ‘Cultural Heritage Law & International Dispute Settlement’ page at www.carlislam.co.uk.

Both books have their genesis in the Diploma in Art Law course which I undertook part time at the Institute of Art & Law in London for 3 years and completed in December 2023. The legal principles underlying fiduciary duties owed by managers & their companies to artists are well known to Chancery practitioners. However what Chancery practitioners who have not studied Art Law may not realise, is that many of the same legal principles which underly the rights of visual artists, i.e. of artists who paint, draw, take photographs, or make sculptures, also apply to the rights of performers in the music industry. I made this connection when I was studying the ‘Artists Rights’ (including copyright and moral rights) module of the course. To my surprise and delight, many of the cases were in fact about music disputes. For ‘Music Law Geeks’ – of which I am proud to be one, there is a table of cases on the ‘Performers’ Rights’ page at www.carlislam.co.uk. The negotiated settlement of a music dispute is not a ‘nil-sum’ game. If you understand these legal principles – which are complex and multi-jurisdictional, you can imagine/facilitate the exploration & discovery of contractual solutions that are more commercially advantageous to the parties in dispute than going to court. Unless either the relationship between the parties has irretrievably broken down or the will does not exist to collaborate and ‘do a deal’, then as in the words of the late and great George Michael, commercial mediation can not only – ‘Heal the pain’, it can also liberate the parties, by enabling them to work out a creative deal to their mutual advantage. This can be achieved by maximising ‘joint-gains’ in a way that furthers each party’s individual interests. This I hope, is where my next book will add value!