Essay on The On The Entertainment Field

Essay on The On The Entertainment Field

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The entertainment field is very complex, most disputes between producers and unions are resolved by an arbitrator who will interpret the contract. If an arbitrator awards a remedy, a court may be called upon to enforce the award. Court enforcement is necessary in very few arbitration cases, especially in the international context (Bartlett). Disputes involving licensing contracts are often lengthy and complex and involve numerous parties. Most of the lawsuits involving union employees are resolved through arbitration, since union contracts have long resorted to this process to expedite the resolution of disputes (Bartlett).
In the entertainment field especially, employment contracts require more specialized knowledge in the entertainment field. Entertainment contracts address such matters as ownership rights in the material to be produced; licensing concerns; the engagement of creative talent, editors and technicians; the securing of locations, sets, costumes, facilities and equipment; marketing relationships; distribution; licensing of collateral products; and financial and legal matters. Many contracts define the relationship of the players to one another and to the production itself. The contracts provide the setting upon which all other actions take place. Touring is often an important part of the producer’s concerns and the location of other venues is a consideration when the packages are developed (Bartlett).
When considering film contracts a great example is the long-standing Hollywood studios. They distribute and promote films however each movie rests on a separate contract linking its producer to the actors, director and other key talents. Contracting on creative decision rights is very problematic, and an example that c...


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... through lawsuits. Costly litigation can be avoided when there is a well-drafted arbitration clause in the contract. An example is the Protection of Literary and Artistic Works of 1886, as amended throughout the 20th century; In this case, the parties in both actions would have benefited had the contracts contained a properly drafted arbitration clause. It would have designated the administrator, the place where the hearing would be held without regard to jurisdictional limitations and the law to be applied (Bartlett).
The question of how contracts work between art and commerce thus is nested within the larger question of why artists and humdrum inputs choose to structure their relationships as they do. The artist 's preferences over how to execute creative work complicate the contracting process, particularly the definition and allocation of decision rights (Caves).

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