WIPO Mediation Submission Agreement for Digital Copyright and Content Disputes (including sample descriptions of scope)
1. Referral of Disputes
We, the undersigned parties, hereby agree to submit to mediation in accordance with the WIPO Mediation Rules the following dispute.
The dispute concerns:
[The following sample descriptions of the dispute could be used by parties when defining the scope of the dispute.]
1.1 The negotiation/determination of the terms of a license relating to [specify works and/or content] (including, determining whether [name of party] already holds a license for its use of the repertoire works in certain territories).
1.2 Whether the use of [specify work and/or content] [or] [content] falls within the scope of the license.
1.3.1 Whether the scope of the license covers licensing through [specify digital distribution channels].
1.3.2 The amount and level of royalties to [name of party] due to exploitation of [specify works and/or content] in [specify distribution channels].
1.4 The accuracy of data in usage reports (including reproductions and time reproduced, downloads, digital sales, geographical scope) for the purposes of remuneration.
1.5 The appropriate level of remuneration for the exploitation of the [specify works and/or content] licensed by [name party] to [name party] following the remuneration previously agreed by the parties.
1.6.1 The amount of the licensing revenues collected by [name, e.g., CMO] and the distribution to [name, e.g., right-holder].
1.6.2 The share of revenues corresponding to [name, e.g., CMO] and [name, e.g., CMO, producers, composers, film directors, writers, musical performers and actors] from [specify works and/or content].
1.7 The level of tariffs to be applied by [name, e.g., CMO] to [name, e.g., right-holder] corresponding to [specify works and/ or content].
1.8 The level of reasonable remuneration terms to be paid by [name, e.g., platform] to [name, e.g., right-holder] [including past and future periods].
1.9 Who is entitled to payment of unpaid/ unclaimed royalties from [specify works and/or content] by [name, e.g., CMO, online platform].
1.10 Ownership over improvements or updates of software deriving from [specify software development agreement].
1.11 The level of adequate performance of [specify works and/or content] delivered by [name party] to [name party] under the [specify film co-production or advertisement agreement].
1.12 Whether [specify works and/or content] should be blocked/removed or reinstated from [name platform] due to copyright infringement/ non-infringing use [and payment of damages].
2. Appointment of the Mediator
The appointment of the mediator shall take place in accordance with the procedure set out in Article 7(a) of the WIPO Mediation Rules.
3. Place and Language of the Mediation
The place of mediation shall be [specify place]. The language to be used in the mediation shall be [specify language].
We, the undersigned parties, hereby agree to submit to mediation in accordance with the WIPO Mediation Rules the following dispute.
The dispute concerns:
[The following sample descriptions of the dispute could be used by parties when defining the scope of the dispute.]
1.1 The negotiation/determination of the terms of a license relating to [specify works and/or content] (including, determining whether [name of party] already holds a license for its use of the repertoire works in certain territories).
1.2 Whether the use of [specify work and/or content] [or] [content] falls within the scope of the license.
1.3.1 Whether the scope of the license covers licensing through [specify digital distribution channels].
1.3.2 The amount and level of royalties to [name of party] due to exploitation of [specify works and/or content] in [specify distribution channels].
1.4 The accuracy of data in usage reports (including reproductions and time reproduced, downloads, digital sales, geographical scope) for the purposes of remuneration.
1.5 The appropriate level of remuneration for the exploitation of the [specify works and/or content] licensed by [name party] to [name party] following the remuneration previously agreed by the parties.
1.6.1 The amount of the licensing revenues collected by [name, e.g., CMO] and the distribution to [name, e.g., right-holder].
1.6.2 The share of revenues corresponding to [name, e.g., CMO] and [name, e.g., CMO, producers, composers, film directors, writers, musical performers and actors] from [specify works and/or content].
1.7 The level of tariffs to be applied by [name, e.g., CMO] to [name, e.g., right-holder] corresponding to [specify works and/ or content].
1.8 The level of reasonable remuneration terms to be paid by [name, e.g., platform] to [name, e.g., right-holder] [including past and future periods].
1.9 Who is entitled to payment of unpaid/ unclaimed royalties from [specify works and/or content] by [name, e.g., CMO, online platform].
1.10 Ownership over improvements or updates of software deriving from [specify software development agreement].
1.11 The level of adequate performance of [specify works and/or content] delivered by [name party] to [name party] under the [specify film co-production or advertisement agreement].
1.12 Whether [specify works and/or content] should be blocked/removed or reinstated from [name platform] due to copyright infringement/ non-infringing use [and payment of damages].
2. Appointment of the Mediator
The appointment of the mediator shall take place in accordance with the procedure set out in Article 7(a) of the WIPO Mediation Rules.
3. Place and Language of the Mediation
The place of mediation shall be [specify place]. The language to be used in the mediation shall be [specify language].
WIPO Arbitration Submission Agreement for Digital Copyright and Content Disputes (including sample descriptions of scope)
1. Referral of Disputes
We, the undersigned parties, hereby agree that the following dispute shall be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules.
[The following sample descriptions of the dispute could be used by parties.]
1.1 The arbitral tribunal shall have jurisdiction to finally settle the terms of a license relating to [specify works and/or content] (including determining whether [name of party] already holds a license for its use of the repertoire works in certain territories) (including settling the disputed terms and any issues that are necessary to settle the disputed terms resulting in a full and binding license to be entered into by the parties).
[Additional optional specifications: The parties agree that copyright infringement will not be raised as an issue in the arbitration and the arbitral tribunal shall not have jurisdiction to consider or decide issues as to the subsistence or infringement of copyright.
Party B agrees that, for the purposes of this arbitration, it shall not advance any case that involves arguments to the effect that certain instances of use of [define works] do not require a license.
The parties undertake to enter into and be bound by the license in the form settled by the arbitral tribunal.]
1.2 The arbitral tribunal shall have jurisdiction to finally settle whether the use of [specify work and/or content] [or] [content] falls within the scope of the license.
1.3.1 The arbitral tribunal shall have jurisdiction to finally settle whether the scope of the license covers licensing through [specify digital distribution channels].
1.3.2 The arbitral tribunal shall have jurisdiction to finally settle the amount and level of royalties to [name of party] due to exploitation of [specify works and/or content] in [specify distribution channels].
1.4 The arbitral tribunal shall have jurisdiction to finally settle whether the data in usage reports (including reproductions and time reproduced, downloads, digital sales, geographical scope) is accurate for the purposes of remuneration.
1.5 The arbitral tribunal shall have jurisdiction to finally settle the level of appropriate remuneration for the exploitation of the [specify works and/or content] licensed by [name party] to [name party] following the remuneration previously agreed by the parties.
1.6.1 The arbitral tribunal shall have jurisdiction to finally settle the amount of the licensing revenues collected by [name, e.g., CMO] and the distribution to [name, e.g., right-holder].
1.6.2 The arbitral tribunal shall have jurisdiction to finally settle the share of revenues between [name, e.g., CMO] and [name, e.g., CMO, producers, composers, film directors, writers, musical performers, and actors] from [specify works and/or content].
1.7 The arbitral tribunal shall have jurisdiction to finally settle the level of tariffs to be applied by [name, e.g., CMO] to [name, e.g., right-holder] corresponding to [specify works and/or content].
1.8 The arbitral tribunal shall have jurisdiction to finally settle the level of reasonable remuneration terms to be paid by [name, e.g., platform] to [name, e.g., right-holder] [including past and future periods].
1.9 The arbitral tribunal shall have jurisdiction to finally settle who is entitled to payment of unpaid/unclaimed royalties from [specify works and/or content] by [name, e.g., CMO, online platform].
1.10 The arbitral tribunal shall have jurisdiction to finally settle who owns improvements or updates of software deriving from [specify software development agreement].
1.11 The arbitral tribunal shall have jurisdiction to finally settle the level of adequate performance of [specify works and/ or content] delivered by [name party] to [name party] under the [specify film co-production or advertisement agreement].
1.12 The arbitral tribunal shall have jurisdiction to finally settle whether [specify works and/or content] should be blocked/removed or reinstated from [name platform] due to copyright infringement/non-infringing use [and payment of damages].
2. Composition of the arbitral tribunal
The arbitral tribunal shall consist of [a sole arbitrator/three arbitrators].
3. Place and Language of the Arbitration and Applicable Law
The place of arbitration shall be [specify place]. The language to be used in the arbitral proceedings shall be [specify language]. The dispute shall be decided in accordance with the law of [specify jurisdiction].
We, the undersigned parties, hereby agree that the following dispute shall be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules.
[The following sample descriptions of the dispute could be used by parties.]
1.1 The arbitral tribunal shall have jurisdiction to finally settle the terms of a license relating to [specify works and/or content] (including determining whether [name of party] already holds a license for its use of the repertoire works in certain territories) (including settling the disputed terms and any issues that are necessary to settle the disputed terms resulting in a full and binding license to be entered into by the parties).
[Additional optional specifications: The parties agree that copyright infringement will not be raised as an issue in the arbitration and the arbitral tribunal shall not have jurisdiction to consider or decide issues as to the subsistence or infringement of copyright.
Party B agrees that, for the purposes of this arbitration, it shall not advance any case that involves arguments to the effect that certain instances of use of [define works] do not require a license.
The parties undertake to enter into and be bound by the license in the form settled by the arbitral tribunal.]
1.2 The arbitral tribunal shall have jurisdiction to finally settle whether the use of [specify work and/or content] [or] [content] falls within the scope of the license.
1.3.1 The arbitral tribunal shall have jurisdiction to finally settle whether the scope of the license covers licensing through [specify digital distribution channels].
1.3.2 The arbitral tribunal shall have jurisdiction to finally settle the amount and level of royalties to [name of party] due to exploitation of [specify works and/or content] in [specify distribution channels].
1.4 The arbitral tribunal shall have jurisdiction to finally settle whether the data in usage reports (including reproductions and time reproduced, downloads, digital sales, geographical scope) is accurate for the purposes of remuneration.
1.5 The arbitral tribunal shall have jurisdiction to finally settle the level of appropriate remuneration for the exploitation of the [specify works and/or content] licensed by [name party] to [name party] following the remuneration previously agreed by the parties.
1.6.1 The arbitral tribunal shall have jurisdiction to finally settle the amount of the licensing revenues collected by [name, e.g., CMO] and the distribution to [name, e.g., right-holder].
1.6.2 The arbitral tribunal shall have jurisdiction to finally settle the share of revenues between [name, e.g., CMO] and [name, e.g., CMO, producers, composers, film directors, writers, musical performers, and actors] from [specify works and/or content].
1.7 The arbitral tribunal shall have jurisdiction to finally settle the level of tariffs to be applied by [name, e.g., CMO] to [name, e.g., right-holder] corresponding to [specify works and/or content].
1.8 The arbitral tribunal shall have jurisdiction to finally settle the level of reasonable remuneration terms to be paid by [name, e.g., platform] to [name, e.g., right-holder] [including past and future periods].
1.9 The arbitral tribunal shall have jurisdiction to finally settle who is entitled to payment of unpaid/unclaimed royalties from [specify works and/or content] by [name, e.g., CMO, online platform].
1.10 The arbitral tribunal shall have jurisdiction to finally settle who owns improvements or updates of software deriving from [specify software development agreement].
1.11 The arbitral tribunal shall have jurisdiction to finally settle the level of adequate performance of [specify works and/ or content] delivered by [name party] to [name party] under the [specify film co-production or advertisement agreement].
1.12 The arbitral tribunal shall have jurisdiction to finally settle whether [specify works and/or content] should be blocked/removed or reinstated from [name platform] due to copyright infringement/non-infringing use [and payment of damages].
2. Composition of the arbitral tribunal
The arbitral tribunal shall consist of [a sole arbitrator/three arbitrators].
3. Place and Language of the Arbitration and Applicable Law
The place of arbitration shall be [specify place]. The language to be used in the arbitral proceedings shall be [specify language]. The dispute shall be decided in accordance with the law of [specify jurisdiction].
WIPO Expedited Arbitration Submission Agreement for Digital Copyright and Content Disputes (including sample descriptions of scope)
1. Referral of Disputes
We, the undersigned parties, hereby agree that the following dispute shall be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules.
[The following sample descriptions of the dispute could be used by parties.]
1.1 The arbitral tribunal shall have jurisdiction to finally settle the terms of a license relating to [specify works and/or content] (including determining whether [name of party] already holds a license for its use of the repertoire works in certain territories) (including settling the disputed terms and any issues that are necessary to settle the disputed terms resulting in a full and binding license to be entered into by the parties).
[Additional optional specifications: The parties agree that copyright infringement will not be raised as an issue in the arbitration and the arbitral tribunal shall not have jurisdiction to consider or decide issues as to the subsistence or infringement of copyright.
Party B agrees that, for the purposes of this arbitration, it shall not advance any case that involves arguments to the effect that certain instances of use of [define works] do not require a license.
The parties undertake to enter into and be bound by the license in the form settled by the arbitral tribunal.]
1.2 The arbitral tribunal shall have jurisdiction to finally settle whether the use of [specify work and/or content] [or] [content] falls within the scope of the license.
1.3.1 The arbitral tribunal shall have jurisdiction to finally settle whether the scope of the license covers licensing through [specify digital distribution channels].
1.3.2 The arbitral tribunal shall have jurisdiction to finally settle the amount and level of royalties to [name of party] due to exploitation of [specify works and/or content] in [specify distribution channels].
1.4 The arbitral tribunal shall have jurisdiction to finally settle whether the data in usage reports (including reproductions and time reproduced, downloads, digital sales, geographical scope) is accurate for the purposes of remuneration.
1.5 The arbitral tribunal shall have jurisdiction to finally settle the level of appropriate remuneration for the exploitation of the [specify works and/or content] licensed by [name party] to [name party] following the remuneration previously agreed by the parties.
1.6.1 The arbitral tribunal shall have jurisdiction to finally settle the amount of the licensing revenues collected by [name, e.g., CMO] and the distribution to [name, e.g., right-holder].
1.6.2 The arbitral tribunal shall have jurisdiction to finally settle the share of revenues between [name, e.g., CMO] and [name, e.g., CMO, producers, composers, film directors, writers, musical performers, and actors] from [specify works and/or content].
1.7 The arbitral tribunal shall have jurisdiction to finally settle the level of tariffs to be applied by [name, e.g., CMO] to [name, e.g., right-holder] corresponding to [specify works and/or content].
1.8 The arbitral tribunal shall have jurisdiction to finally settle the level of reasonable remuneration terms to be paid by [name, e.g., platform] to [name, e.g., right-holder] [including past and future periods].
1.9 The arbitral tribunal shall have jurisdiction to finally settle who is entitled to payment of unpaid/unclaimed royalties from [specify works and/or content] by [name, e.g., CMO, online platform].
1.10 The arbitral tribunal shall have jurisdiction to finally settle who owns improvements or updates of software deriving from [specify software development agreement].
1.11 The arbitral tribunal shall have jurisdiction to finally settle the level of adequate performance of [specify works and/ or content] delivered by [name party] to [name party] under the [specify film co-production or advertisement agreement].
1.12 The arbitral tribunal shall have jurisdiction to finally settle whether [specify works and/or content] should be blocked/removed or reinstated from [name platform] due to copyright infringement/non-infringing use [and payment of damages].
2. Composition of the arbitral tribunal
The arbitral tribunal shall consist of a sole arbitrator.
3. Place and Language of the Arbitration and Applicable Law
The place of arbitration shall be [specify place]. The language to be used in the arbitral proceedings shall be [specify language]. The dispute shall be decided in accordance with the law of [specify jurisdiction].
We, the undersigned parties, hereby agree that the following dispute shall be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules.
[The following sample descriptions of the dispute could be used by parties.]
1.1 The arbitral tribunal shall have jurisdiction to finally settle the terms of a license relating to [specify works and/or content] (including determining whether [name of party] already holds a license for its use of the repertoire works in certain territories) (including settling the disputed terms and any issues that are necessary to settle the disputed terms resulting in a full and binding license to be entered into by the parties).
[Additional optional specifications: The parties agree that copyright infringement will not be raised as an issue in the arbitration and the arbitral tribunal shall not have jurisdiction to consider or decide issues as to the subsistence or infringement of copyright.
Party B agrees that, for the purposes of this arbitration, it shall not advance any case that involves arguments to the effect that certain instances of use of [define works] do not require a license.
The parties undertake to enter into and be bound by the license in the form settled by the arbitral tribunal.]
1.2 The arbitral tribunal shall have jurisdiction to finally settle whether the use of [specify work and/or content] [or] [content] falls within the scope of the license.
1.3.1 The arbitral tribunal shall have jurisdiction to finally settle whether the scope of the license covers licensing through [specify digital distribution channels].
1.3.2 The arbitral tribunal shall have jurisdiction to finally settle the amount and level of royalties to [name of party] due to exploitation of [specify works and/or content] in [specify distribution channels].
1.4 The arbitral tribunal shall have jurisdiction to finally settle whether the data in usage reports (including reproductions and time reproduced, downloads, digital sales, geographical scope) is accurate for the purposes of remuneration.
1.5 The arbitral tribunal shall have jurisdiction to finally settle the level of appropriate remuneration for the exploitation of the [specify works and/or content] licensed by [name party] to [name party] following the remuneration previously agreed by the parties.
1.6.1 The arbitral tribunal shall have jurisdiction to finally settle the amount of the licensing revenues collected by [name, e.g., CMO] and the distribution to [name, e.g., right-holder].
1.6.2 The arbitral tribunal shall have jurisdiction to finally settle the share of revenues between [name, e.g., CMO] and [name, e.g., CMO, producers, composers, film directors, writers, musical performers, and actors] from [specify works and/or content].
1.7 The arbitral tribunal shall have jurisdiction to finally settle the level of tariffs to be applied by [name, e.g., CMO] to [name, e.g., right-holder] corresponding to [specify works and/or content].
1.8 The arbitral tribunal shall have jurisdiction to finally settle the level of reasonable remuneration terms to be paid by [name, e.g., platform] to [name, e.g., right-holder] [including past and future periods].
1.9 The arbitral tribunal shall have jurisdiction to finally settle who is entitled to payment of unpaid/unclaimed royalties from [specify works and/or content] by [name, e.g., CMO, online platform].
1.10 The arbitral tribunal shall have jurisdiction to finally settle who owns improvements or updates of software deriving from [specify software development agreement].
1.11 The arbitral tribunal shall have jurisdiction to finally settle the level of adequate performance of [specify works and/ or content] delivered by [name party] to [name party] under the [specify film co-production or advertisement agreement].
1.12 The arbitral tribunal shall have jurisdiction to finally settle whether [specify works and/or content] should be blocked/removed or reinstated from [name platform] due to copyright infringement/non-infringing use [and payment of damages].
2. Composition of the arbitral tribunal
The arbitral tribunal shall consist of a sole arbitrator.
3. Place and Language of the Arbitration and Applicable Law
The place of arbitration shall be [specify place]. The language to be used in the arbitral proceedings shall be [specify language]. The dispute shall be decided in accordance with the law of [specify jurisdiction].