F*^#K You


Everyone loves a good old biffo. Except when you're the one in the ring. And when that ring happens to be a legal courtroom, you can guarantee it'll be an expensive bout!

Disputes in the creative industries happen all the time. And they come in all shapes and sizes. But the cost of "doing anything" about a possible dispute is often thought to outweigh the chance of any potential positive outcome. Some people take the expensive route of litigating in court, while others take the apparently cheaper option of doing nothing, to the detriment of their creative relationships in the long run. Either way, the result is either an empty pocket or a bitter taste (or both). But what many don't know is that there is a whole smorgasboard of other ways to resolve a disagreement.

This panel of dispute resolution experts will walk you through some of the more sensible and cost-effective ways of resolving disputes. You will hear about the ups and and downs of negotiation, conciliation, mediation, arbitration, and the great last resort…Court. You will also hear about how to choose an appropriate forum based on the nature of dispute you might find yourself in.

All of this, of course, is assuming a dispute can't be avoided. After all, prevention is better than cure. The panel will arm you with a checklist of things to consider when entering a creative relationship. Whether you're a co-writer in a band, a freelance graphic designer, an independent videographer, a commissioned architect, or a combination of all of those things, establishing the commercial and legal parameters of the relationship up front is key. But of course, we all end up saying "should've, could've, would've" at some point, so even if your up-front diligence can't stop a disagreement happening, at least you'll know what to do should one arise.

When a dispute does arise, rather than hitting 'lawyer' on speed-dial, parties should consider some of the practical ways of resolving the dispute, without destroying the existing (and often valuable) relationship. Usually this involves digging below the surface to see what's at the root of the issue, coupled with a bit of lateral thinking.

With a bit of rogue street theatre, our panel will illustrate some of the practical ways in which a creative industry dispute can be quickly, cheaply and creatively resolved.

Featuring: Adrian McGruther (Legal professional , Intellectual property specialist, Musician): Michael McMartin (Artist advocate and Manager, Mediator); Keith Welsh (Entertainment industry professional, Mediator)

Vivid Festival of Ideas

MCA Sydney

May 25,

10 am – 12 pm

Colin McAlpine