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TC-15 Mediation Plan 1 - HPNLU
TC-15 Mediation Plan 1 - HPNLU
TEAM CODE - 15
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Mediation Plan for
Saylor Delmore vs. Melody Records
1. Core Issues:
Saylor Delmore’s Concerns:
o Suspicion and Lack of Trust: Address Saylor’s suspicions and lack of trust stemming from the
acquisition of Melody Records by Balwant Chopra.
o Master Ownership: Resolve the issue of Saylor wanting to reclaim her masters, taking into
consideration the label’s offer to buy back her records.
o Unauthorized Use: Discuss Saylor’s claim that Melody Records violated her rights by releasing
her unreleased work without her authorization.
o Usage Restrictions: Address Saylor’s allegations that the label prevented her from using her
music for events like the Indian Music Awards Ceremony and her documentary, “Miss Indiana.”
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o Avoid Long-Term Commitment: Saylor does not want to commit to a record label she no longer
trusts, especially if Melody Records is sold to Balwant Chopra. But she may consider a short term
contract.
3. List of Options:
o Ownership Arrangement: Explore various options for Saylor to regain ownership of her masters,
whether through buybacks, royalties, or other arrangements.
o Contractual Resolution: Determine whether the previous contract allowed for Saylor to regain
control of her masters after a specific period and whether the terms were clear.
o Compensation for Unauthorized Releases: Discuss possible compensation or resolution for the
unauthorized releases.
o Reputation Management: Address the online harassment and reputation damage and consider ways
to mitigate its effects.
4. Party Relationships:
o Assess the historical relationship between Saylor, Melody Records, and Balwant Chopra,
considering any prior disputes or agreements.
o Discuss the potential for future collaboration and whether both parties can envision working
together again.
5. Possible Proposals:
o Saylor may propose re-recording her old songs with a new record label, offering a compromise
where she retains control of the new master recordings.
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o Melody Records may offer a structured plan for Saylor to regain ownership of her masters,
potentially through a combination of royalties and a contractual extension.
o Address the online harassment issue and develop a joint strategy for managing the situation and
protecting individuals associated with the label.
6. Strategies:
Mediation Strategy:
o Open and Honest Communication: Saylor's primary mediation strategy is to engage in open and
honest communication with all parties involved. She will express her concerns, interests, and
goals clearly and transparently.
o Exploration of Creative Solutions: Saylor will be open to exploring creative solutions that allow
her to regain control of her masters while addressing the label's concerns about future
commitment.
o Professional and Legal Advice: Saylor will rely on her legal team and advisors to ensure she
fully understands her contractual rights and can make informed decisions during the mediation
process.
Negotiation Strategy Saylor:
o Maintain Control: Saylor will seek to maintain control over her artistic creations and master
recordings while ensuring her rights are protected.
o Flexibility on Terms: While Saylor is committed to her goals, she may show flexibility on the
terms and timelines for the ownership of her masters to reach a mutually beneficial resolution.
o Avoiding Future Commitment: Saylor will negotiate with a focus on avoiding long-term
commitments with a label she distrusts, emphasizing her desire for artistic freedom and
independence.
Negotiation Strategy Melody Records:
o Protect Financial Interests: Melody Records will prioritize achieving financial stability and
limiting financial losses. They may negotiate for compensation from Saylor to mitigate the
losses incurred.
o Emphasize Contractual Terms: The label will assert the reasonableness of their contractual offer
to Saylor and may negotiate the length of her stay with the label while emphasizing her prior
agreement to regain control of her masters.
o Mitigate Fan Harassment: Melody Records will seek to negotiate measures to mitigate fan
harassment and protect the reputation and income of their artists and personnel.
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7. Next Steps:
o Schedule the mediation session, ensuring that all relevant parties, including legal representatives,
are present.
o During the mediation session, the mediator should help the parties discuss and negotiate the core
issues, goals, and options.
o Once an agreement is reached, document it in writing, specifying the terms and conditions for
ownership, compensation, and any other relevant aspects.
The goal is to find a resolution that minimizes further reputation damage, and allows for the continuation of
Saylor Delmore’s music career while safeguarding Melody Records’ interests. Open communication, empathy,
and a willingness to find mutually acceptable solutions can help mitigate the impact of these costs and foster a
more constructive negotiation process.
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