Even though arbitration has been governed by decree for over 60 years, its clauses in the patent as well as copyright applications have only lately been made explicitly enforceable. The American Arbitration Association (AAA), a clandestine organization, has now founded the clause to encourage dispute settlement among the affected parties (Stork, 2000). The clause finds full barking with the endorsement of the act by the Congress. In this regard, the arbitration made here concerning the use the copy-written song “happy birthday to you” between Bobby Bandleader and Johnny Singstealer as opted by the two parties.
As in this case, my arbitration ruling has to first put this clear; arbitration comes about as a contract amid the two parties contractually bound by the decision of the arbitration. In the desire to maintaining the business relationship amid the concerned parties, this ruling has carefully put them into consideration keeping in mind that both have no dealings to protect. Our proceedings have provided for four basic stages; the team has allowed for conduction of the hearings followed by speedy discovery and scope of the matter. Technical evidence has also been analyzed critically for the bench to finally resolve this matter.
Position of Bobby is that the restaurant owner has no objection that Jonny’s copy-write to the song is valid. He expresses evidently that his use of the tune is entirely own word composition. Jonny understands the right that governs his music and perceives the use of the tune without royalties as a personal gain. With no explicit restrictions within the joint bargaining agreement, the accused may rebuff prospective claims for any reasons deemed suitable on grounds that these reasons do not in any way violate our statutory provisions (Silver, 2007). Within this joint bargaining accord, limits are contained in Section 1.10 on music copyrights and dispatch. The arbitrator therefore finds Mr. Bobby obliged to pay all the royalties as claimed by the producer and that for future uses of the song, he will be bound to pay royalties.