MH Article

Alternative Dispute Resolution for the Media, Entertainment, Creative and Technology Industries

Tony Morris
Alternative Dispute Resolution
for the
Media, Entertainment, Creative
and Technology Industries

‘Widely skilled … Tony Morris is incredibly knowledgeable on an array of media contracts’

Chambers Directory

What they say

‘I worked with Tony on a major international arbitration that was heard in New York that related to a valuable catalogue of audio-visual copyrights. I found that he had the ability to find the sensible solution to complex questions quickly. His knowledge of the law that applies to media and entertainment matters is second to none.’

Marc Jacobson, Attorney, Marc Jacobson PC, New York, USA

‘I have recently been working closely with Tony who mediated between the parties involved in a partnership split in one of my acts. I was very impressed with Tony's skills as a mediator and will not hesitate to recommend using him again should another situation like this arise. His approach ensured that all of the parties were very happy with the outcome and it was all done with a minimum of fuss.’

Craig Jennings, CEO, Raw Power Management

‘I have known Tony Morris for over twenty-five years during which time he has guided me through some challenging issues. Tony is a good reader of people, grasps problems quickly and is diplomatic in determining both sides of a dispute in a practical manner.’

Geoff Heath OBE, Adviser to UK Government on Games Issues
Board Member UKIE (Association for UK Interactive Entertainment)

‘Tony Morris is one of that very rare breed of lawyers whose technical knowledge is matched by his profound common sense.’

Andrew Sharland, Partner, Clintons, Solicitors

Accreditation

1973 Degree in Law (LLB) from Manchester University
1977 Admitted as a Solicitor of the Supreme Court of England & Wales
2002 Member of the Chartered Institute of Arbitrators (MCIArb)
2005 Accredited as a mediator by ADR Group
2010 Appointed to the arbitration panel of IFTA (Independent Film & Television Alliance – formerly AFMA)
2011 Appointed to WIPO Arbitration and Mediation Center’s Film and Media Panel

Recent work as a mediator

• Multi-party dispute over online and digital rights involving a globally famous rock star, a digital rights organisation and its principal and an audio-visual production company.

• Partnership split and dispute over the right to use the name post-split between members of an internationally known rock band

• Claim arising over use of classic 70’s audio-visual music footage in TV documentary

• Dispute between online rights exploiters over a catalogue of heritage sound recordings

• Passing off claim between two competing dance troupes

Current work as an arbitrator

• IFTA rules: Companies located in two different European jurisdictions over alleged breaches of contract and audit issues arising from exploitation of a major theatrical feature in various media.

• ICC: Major dispute between technology provider and global consumer electronics manufacturer

Why use alternative dispute resolution

In an era when litigation costs continue to increase and the pathway to the courtroom is ever more fraught. Resources are better employed in creating rather then arguing. The commercially minded seek swift and financially sensible ways of dispute resolution.

Many courts now require parties to attempt to mediate before subjecting their dispute to the glare of the courtroom spotlight or else explain why they have not done so. Consensual mediation under the control of a qualified professional with the requisite commercial experience and legal background often proves to be an efficient method for parties in opposition to make a settlement of their differences. Although in some cases, there will have been formal exchanges of pleadings and disclosure, neither are wholly necessary if the parties are sufficiently resolved to come to a reasonable settlement. A skilled mediator will test that resolve and guide the parties towards that settlement.

Arbitration provides a forum within which a dispute may be determined by an independent and duly qualified person. By agreement the parties may not only appoint an arbitrator but also determine the procedure by which their dispute is to be decided. An arbitrator’s award may be directly enforced by the courts.

Biography

Since 1975 Tony has worked a lawyer in the Media, Entertainment, Creative and Technology Industries. He has been involved first hand in the rise and fall of various recording formats from vinyl through CD to MP3, the birth and death of the VHS cassette, the rise of the internet and, from the time when the Commodore ruled, the evolution of the digital games industry in which he was one of the first English lawyers to practice.

During the early part of his career, Tony specialised in commercial litigation. By the early 1980’s he established his specialist credentials dealing with IP litigation particularly major disputes in the music, film, IT and computer games industries. Appreciating the extent to which parties in opposition often need to continue working together after the litigious dust has settled and that controversy could also lead to new opportunities, Tony’s practice diversified into a mix of contentious and non-contentious work.

Currently, Tony provides transactional, advisory and strategic representation while continuing to apply his knowledge and experience as a litigator. He regularly advises on and negotiates the terms of a wide range of film, television, games, recording, IT, digital, publishing, artistic, e-commerce and other media projects as well as those involving exploitation of brands and trade marks. He also works extensively with corporate lawyers on the media and intellectual property aspects of M & A deals, IPO’s, VC and private equity investments and secured lending transactions. Recent litigation work that Tony has led includes copyright and trade mark disputes, breaches of confidentiality, royalty claims and breaches of contract. He is used as a sounding board for clients, not only from the UK but in a multitude of other jurisdictions including the USA and various of the EU Member States. Having largely worked with SME’s and independents, Tony is generally clear of conflicts.

With his seniority and sector knowledge, his experience and expertise, Tony is especially well qualified to provide services in the resolution of disputes in the Media, Entertainment, Creative and Technology Industries.

Fee Scales

Fee scales will depend on a variety of factors and may also be regulated by the bodies under whose auspices an arbitration or mediation is being conducted. Details of fees will be provided on application.

Contact details

Tony Morris
Marriott Harrison
DD: +44 (0)20 7209 2093
Fax: + 44 (0)20 7209 2001
Mobile: + 44 (0)7831 290998

E-Mail: Tony.Morris@MarriottHarrison.co.uk
website: www.marriottharrison.co.uk

Skype: tony_morris_marriott.harrison
LinkedIn: http://uk.linkedin.com/pub/tony-morris/0/818/a1b