About

About the Service

The resolution pathways are designed to assist parties to resolve disputes or to ensure an independent determination of issues where appropriate.

The pathways are available for disputes involving music creators, APRA AMCOS, and/or music users.

The resolution pathways provide:

  • An independent, trained resolution facilitator to match the pathway and the problem.
  • A pool of skilled, trained resolvers.
  • Peer Assist for music creators to access peer wisdom.

About APRA AMCOS

APRA AMCOS licenses organisations to play, perform, broadcast, copy, record or otherwise make available its members' music; collects licence fees for the use of its members' music; and distributes those licence fees to its members. It has 87,000+ members who are songwriters, composers and music publishers.

Background

APRA AMCOS's membership and licensing arrangements are authorised by the Australian Competition and Consumer Commission (ACCC). APRA AMCOS has chosen to seek re-authorisation of its operations from the ACCC at regular intervals because it recognises that by representing songwriters and music publishers collectively, competition issues may arise under the Competition and Consumer Act.

In June 2014 the ACCC authorised APRA AMCOS's operations for five years. Included in that authorisation was condition (C3), which provides for the formation of a new and independent dispute resolution process. Resolution Pathways was established to refer disputes between APRA AMCOS and its music creator members and APRA AMCOS and its music user licensees. A copy of the ACCC authorisation can be found here.

The Resolution Pathways provide a more extensive service than was required by the ACCC. This is as a result of the work of the consultative committee.

The authorisation also recommends a resolution facilitator and sets out the skills required for a resolution facilitator and his/her role.

About the Resolution Facilitator

Shirli Kirschner was appointed as the first resolution facilitator with the approval of the ACCC.

Shirli Kirschner is the principal of Resolve Advisors founded in 1996 to provide dispute resolution services nationally and internationally. Shirli is an accredited mediator and a member of advanced panels of mediators in Australia. She is a visiting fellow at the Law School of UNSW and a sessional Registrar of the Federal Circuits Court.

Shirli holds the position of wholesale energy market dispute resolution Adviser and was a member of NADRAC, an advisory committee to the Federal Attorney General on dispute resolution.

Shirli practiced law at Allen Allen and Hemsley and then at Gilbert +Tobin before commencing in dispute resolution. Her practice included intellectual property and copyright legal issues.

About the Consultative Committee

The Consultative Committee provides the resolution facilitator with support in design, implementing and managing the Resolution Pathways. Members were selected by an independent panel through an expression of interest process.

The Consultative Committee is a volunteer committee. The pathways were finalised due to the generosity of each member's time and input.

Click here to view the committee members.

About the Brand DNA

It is important for a service to understand its purpose and define its values (‘brand DNA'). The Consultative Committee reflected on ‘values', ‘core purpose', ‘point of difference', ‘personality' and ‘target market'. These are summarised below.

Core Purposes

  • To give voice to music creators and music users.
  • To streamline resolutions.
  • Business continuity without disputes as a roadblock.

Values

FAIR. INDEPENDENT. TRANSPARENT. Values were established through surveying music users and with the approval of the consultative committee.

Point of Difference

The points of difference of the Resolution Pathways:

  • The number of stakeholders engaged in the design
  • An independent and proactive resolution facilitator
  • The ACCC as the Regulator
  • Multi-levelled
  • Open entry
  • Strives to be effective (rather than just a vehicle of governance)

Personality

The core objectives for the ‘feel' of the resolution pathways are:

  • Formal but friendly
  • Efficient and caring
  • Home-grown
  • Unassuming
  • Making the complex simple
  • ‘Walk a mile in another's shoes' (empathy)

The Target

  • Music creators
  • Service providers
  • Intellectual property lawyers and associated services
  • Actual and potential music users
  • Industry associations
  • ACCC

About the Artwork

A logo that is home grown and represents walking a mile in another's shoes.

Pamela Lee Brenner is a Sydney artist. The shoes are real shoes, covered in Bondi Beach sand through a process that renders them waterproof and permanent. These objects were chosen because:

  • They are Australian shoes in local sand by a local artist.
  • They are made by hand.
  • The notion of walking in another's shoes is pivotal to the whole concept of dispute resolution.1

The resolution facilitator's shoe

The shoe represents the aspiration of the resolution facilitator: piecing together discarded objects to create function, form and beauty.