Article 21—Alternative Dispute Resolution Procedure

Abstract

This chapter deals with the alternative dispute resolution procedure outlined in Article 21 of the copyright order in Europe, Directive 2019/790. It examines disputes concerning the transparency obligation and the contract adjustment mechanism that may be applied for a voluntary, alternative dispute resolution procedure. It also refers to Member States that are required to ensure that representative organisations of authors and performers may initiate dispute resolution procedures at the specific request of one or more authors or performers. The chapter explains why authors and performers are often reluctant to enforce their rights against their contractual partners before a court or tribunal. It looks at the task of Member States to provide for an alternative dispute resolution procedure that addresses claims by authors and performers, or by their representatives on their behalf, related to obligations of transparency and the contract adjustment mechanism.