The WIPO Mediation and Expedited Arbitration Rules for Film and Media have been specifically tailored to resolve disputes in the film and media sectors, without the need for court litigation.
Developed by the WIPO Arbitration and Mediation Center in cooperation with industry experts, these rules, as well as the special model contract clauses and submission agreements, are particularly appropriate for international film and media transactions where parties require an expedited dispute resolution process.
Areas of Dispute in the Film and Media Sectors
Potential users of the WIPO Mediation and Expedited Arbitration Rules for Film and Media include film makers, directors, actors, performers, guild and industry associations, producers, authors, screenwriters, creators, investors, financiers, film funds, performance bond companies, insurers, sales agents, entertainment, media and IP lawyers consultants and accountants, distributors, broadcasters, exhibitors, publishing houses, trade federations, collecting societies, users of creative material.
Rapid and Flexible Conflict Resolution Procedures
The WIPO Mediation and Expedited Arbitration Rules for Film and Media provide for a mediation procedure and an expedited arbitration procedure that can either be combined or used independently at the parties’ option. Taking account of the fast moving nature of the film and media sectors, the time limits applying to the various stages of the proceedings have been shortened in the Rules to expedite the dispute resolution process.
|Mediation for Film and Media||Expedited Arbitration for Film and Media|
WIPO Mediation and Expedited Arbitration for Film and Media are particularly time and cost-efficient procedures tailored to the needs of parties in most film and media disputes. However, in certain complex film and media disputes, users in the film and media sector may prefer to choose the standard WIPO Arbitration Rules.
WIPO Film and Media Panel of Neutrals
Film and media disputes demand special legal expertise as well as industry and market know how. The WIPO Center makes available a special international Panel of mediators and arbitrators for appointment under these rules. The list consists of highly qualified and recognized entertainment law mediators and arbitrators from various jurisdictions.
Unless the parties have agreed on the person of the mediator or the sole arbitrator or on another appointment procedure, the WIPO Center will provide the parties with a list containing the names of specialized mediators and arbitrators with relevant expertise for the particular dispute, from which WIPO Center makes the appointment taking into account the preferences indicated by the parties.
Disputes under the WIPO Expedited Arbitration for Film and Media are decided by a sole arbitrator. If the parties prefer to have their case decided by 3 arbitrators, they can use the WIPO Arbitration Rules.
FRAPA - WIPO Center Collaboration on Format Dispute Resolution
As of April 2010, the WIPO Center and the Format Recognition and Protection Association (FRAPA) collaborate in alternative dispute resolution in the area of TV program format disputes. Under this collaboration, the WIPO Center has taken on FRAPA's existing mediation activity and administers TV format related disputes filed under the WIPO Mediation and Expedited Arbitration Rules for Film and Media.
Fees and Costs
For disputes under these rules, the Center’s administration fee and the mediator’s and arbitrator’s fees have been reduced in order to adequately adapt them to the typical features of disputes in the media and film sectors.
WIPO ECAF allows parties, the mediator or arbitrator in a case under the rules to file documents electronically into a secure online docket. Parties receive e-mail alerts of any such submission being made and may view and search this case file at any time. The online case file may also be used to record the fact that a submission is being made in hardcopy outside WIPO ECAF.
- Arbitration Workshop on Film and Media Disputes
Punta del Este, Uruguay, December 1, 2012
- Seminar on "Managing Disputes", International Digital Content Conference (DICON) 2012,
Seoul, Republic of Korea, September 4, 2012
- Seminar on "Selected Legal Issues in the Film Industry"
Busan, Republic of Korea, October 8, 2011
- WIPO Masterclass at ScreenSingapore on Legal Issues in the Film Industry
Singapore, June 8, 2011.
- The WIPO Center and FRAPA organized a Workshop on "How to Resolve your Format Dispute?", at MIPCOM in Cannes, France, April 2, 2011
Video of the mock mediation
- The WIPO Center organized in collaboration with the London Branch of the Chartered Institute of Arbitrators (CIArb) a seminar on Dispute Prevention and Resolution in the Film and Media Industry on January 20, 2011 in London at Bird & Bird.
- WIPO Mediation and Expedited Arbitration for Film and Media was officially launched, in cooperation with MDA/SFC, in Singapore at the Asian Television Forum and Asia Media Festival on December 2-4, 2009. On this occasion, the WIPO Center organized a one-day Workshop on WIPO Film and Media Dispute Prevention and Resolution.
- From Script to Screen – The importance of Copyright in the Distribution of Films - Booklet No. 6
WIPO Arbitration and Mediation Center
World Intellectual Property Organization (WIPO)
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