Mediation in Copyright Disputes: From Compromise Created Incentives to Incentive Created Compromises
![handle is hein.journals/ohjdpr18 and id is 449 raw text is: Mediation in Copyright Disputes: From
Compromise Created Incentives to Incentive
Created Compromises*
STEPHEN P. ANWAY**
The notion that ordinary people want black-robed judges[,] well[-]
dressed lawyers[,] and fine courtrooms as settings to resolve their
disputes is not correct. People with problems, like people with pains,
want relief, and they want it as quickly and inexpensively as possible.'
I. INTRODUCTION
The history of American copyright law is largely a story of a constitutional
compromise-a balance between the need to provide incentive for the creative
process and the need for public access to the products thereof.2 This compromise,
* This article was the winner of both the 2002 James Boskey Dispute Resolution Essay
Competition, Law Division, sponsored by the American Bar Association Section of Dispute
Resolution and the Association for Conflict Resolution, and the 2002 Nathan Burkan Memorial
Copyright Competition at The Ohio State University Moritz College of Law, sponsored by the
American Society of Composers, Authors and Publishers.
** J.D., with honors in law, The Ohio State University Moritz College of Law, 2002; B.A.,
summa cum laude, Bowling Green State University, 1999. The author is a licensed mediator
and a judicial clerk for the Honorable Thomas J. Moyer, Chief Justice of the Supreme Court of
Ohio. At the conclusion of the clerkship in 2004, the author will join the international law firm
of Squire, Sanders & Dempsey LLP.
The author gratefully acknowledges Professor Sarah Cole for her helpful comments and
editorial assistance. Additionally, the author is indebted to Janet Chordas for her many years of
invaluable writing instruction and personal encouragement. Finally, the author would like to
thank Amanda Hall for her love and support throughout the early drafts of this article.
I Dina R. Janerson, Representing Your Clients Successfully in Meditation: Guidelines for
Litigators, N.Y. LITIGATOR, Nov. 1995, at 15 (quoting Chief Justice Burger, Address at the
Chief Justice Earl Warren Conference on Advocacy: Dispute Resolution Devices in a
Democratic Society (1985)).
2 As one scholar has noted:
To encourage authors to create and disseminate original expression, it accords them a
bundle of proprietary rights in their works. But to promote public education and creative
exchange, it invites audiences and subsequent authors to use existing works in every
conceivable manner that falls outside the province of the copyright owner's exclusive
rights. Copyright law's perennial dilemma is to determine where exclusive rights should
end and unrestrained public access should begin.
Neil Weinstock Netanel, Copyright and a Democratic Civil Society, 106 YALE L.J. 283, 285
(1996).](ViewImageLocal?handle=hein.journals/ohjdpr18&div=19&collection=&method=preview&ext=.png&size=3)
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Mediation in Copyright Disputes: From Compromise Created Incentives to Incentive Created Compromises
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