TERMS AND CONDITIONS OF RECORDING AND PERFORMING AGREEMENTS.
“Every person enjoys the right to freedom of artistic expression and creativity. These rights include the right to experience and contribute to artistic expressions and creations without any restrictions through personal or combined practice, to have access to and appreciate the arts, besidesdistributing their expressions and creations.”[1] Creative expressions and conceptions are conveyed in specific ways since they are used to deliver explicit messages besides powerfully articulating symbolic values and are thus regarded that they are doing so. Political, cultural, moral, and economic interests cause motivations for restrictions resulting in disturbing cases of violations all over the world.’[2] In contemporary societies, impregnated with the individualistic approach specific to the philosophy of human rights and legally protected via the concept of fundamental rights, art is regarded as a personal countenance that may, however, express significant public matters. However, committed or functional art is deemed as artistic expression too. Nevertheless, across many cultures and centuries, art has had a public mission naturally. This did not necessarily diminish artistic value but placed the very concept of creative freedom from a different perspective. In this context, it is useful to remember that any system of protection of creative freedom comes with some sort of limitations. In that respect, the paradigm post-modernity brings to art is not better nor worse than previous systems of protection.’[3]Proposing that further human rights ought to be renowned for artists is not of great importance. What is essential is that peoplehave a right to autonomy of creativity and communication. They should be allowed to take part in cultural life and appreciate artistic work. Expressions, whether creative or not, continuously continue to be protected by the right to autonomy of countenance.’[4] The present essay will explain the meaning of artistic freedom, both the autonomy of countenance and theautonomy of exquisite face, including the description of essential terms and conditions in the recording and performing the agreement. Moreover, this essay will discuss the terms and conditions in the record and performing agreement, which effected and influenced to change the artistic freedom and artistic expression.
Artistic freedom
The creation of art has been there since the beginning of civilization, and even before. Since then, therefore, society has always had models of decency and ways of dealing with what is deemed to be inappropriate and controversial art. Therefore, there has always been ethical debates around art. Since art is now considered acountenance of socialpractice, it remains protected under the central right of autonomy of countenance. Further discussion is sparked in the areas of government funding of arts and Censorship. A question that usually crops up is that if denying government funding to those artists that are deemed to be controversial is considered to be Censorship, is the government violating the artist’s freedom of expression?’[5]
The government is a social institution; therefore, it is inevitable that it will support the work of art in one way or another. The main form of government support is in the form of legislation and financial aid. The government has been given powers, authority, and responsibility by the society of ensuring that it puts laws and regulations in place the guide the conduct of artists and protects their rights. For instance, in the united states, during the time of despair, the United States Congress produced a project called the state art scheme thatcommissioned those artists who are unemployed to start creating art for public consumption.’[6]
Over time, renewed interest has been witnessed of Congress funding the work of art. The argument has been that for a nation to advance, and it cannot focus on science and technology alone, but rather the works of art also have to be included. This is the reason why Congress creates the National Endowment of Arts (NEA), which formed a portion of the Arts and Humanities Act of 1965. This act facilitated the receipt of some stipends to those artists and museums that were deserving.Other Issues that always have had an impact on the work of art and by extension artists have been the issue of Censorship by government. There have been numerous arguments concerning the subject of the Censorship of artists by the government where there has been those supporting Censorship, and there have been those against.’[7]
Artistic autonomy symbolizes the protection of numerous artistic rights by law in the global community. They include the freedom to produce art without any coercion or constraint, the independence to get support for any work art in additionto the dissemination of similarwork. Therefore, artists should create remuneration for their work in addition to having autonomy of movement. Artistic independence must be given the right to security of financialand collective privileges. Additionally, artistic autonomy is linked to the right to contribute to traditional rites, both locally and globally.
Throughout the years, creative work has experienced changes in philosophical aspects, and the role of tradition is of great concern. Therefore, the claim that artistic creation is meant to be free has acquired many laws. Globally, many communities have recognized that creative expressions are public goods. These communities have also quantified that any work of art must be disseminated at no cost to make sure that the public can access them quickly and at a more extensive range.
Under the governing law, both local and global governments must encouragea dynamicenvironment for creativity to ensure that artists have established a legislative framework for the music brands and are also able to develop a viewpoint for art designs and culturaldiversity.’[8] To safeguard and encourage the production of artistic creations has led to putting policies and measures in place to help in the participation in traditional norms that are meant to protecteconomic and social artistic rights and other professionals incultural life. Legislation at both national and international level relates to human and fundamental freedomsthat are employed to encourage autonomy for art. Globally, the incorporation of the essential role of art by the member states has led to the development of both artists and the community. Thus, a duty exists meant to defend, protect, and assist artists with the autonomy to create art. This is the more reason why artists are supposed to take essentialsteps to improve their creativity to develop their talents. Precisely, they must implement measures towards securing their rights to the autonomy of countenance; otherwise, they willnotachieve theirgoals. This will in return improve their artistic talents and expressions through acknowledgment of their rights to appreciate their pieces of art.’[9]
Other vital provisions that are associated with artistic freedoms remain related to the right to autonomy of personal view besides liberty of belief, faith, besides integrity. Art remains similarly a way of articulating a certainty and increasing a global image.’[10] This issue about artistic freedom is generally raised before the court when it interferes with other rights and liberties.’[11] Article 10 of the European Convention on Human Rights does not explicitly provide for the protection of artistic freedom, but neither does it distinguish between the various forms of expression.’[12] The fundamental rights in the European Convention of Human Rights enlarge the area of protection from speech to any form of expression or public communication, which is included artistic freedom.’[13] Artistic freedom is dealt with as a subspecies of the general freedom of expression; the part of it, which has to do with the dissemination and public communication of art, does not seem to the benefit of appropriate judicial protection.’[14] The judgment of art can be contorted if the standards used are not inherent to art, but those generally valid for freedom of expression.’[15] Even where the uniqueness of art is acknowledged, case-law may offer surprises, and the judgment of courts might not perfectly superpose over one of the general public, nor on one of the art specialists.’[16]
The principle of freedom of expression spells out that an artist must not be abandoned by law or agreement in the development of artistic work.’[17] Artists are limits general civil rights that the artist bequests to the most significant label by treaties. As it will be further shown, the jurisprudence of the European Court of Human Rights has played an essential role in the understanding and submission of article 10 and did not make possible any special treatment for artistic freedom.’[18]
Artistic freedom is implicitly protected by some constitutions via the rights to freedom of expression, to engage in traditional life, and to access traditions as well as traditional development.’[19] It seems fair to conclude that normative protection of freedom in the art should deal with two different sets of issues: (i) artistic creation and expression and (ii) the result of artistic production or interpretation and various operations made with it (alienation, commerce, duplication, etc.). While it is true that free speech is critical in the political arena, artistic freedom goes beyond that realm and requires for its specificity to be taken into account.
However, if creative freedom enjoys no specific recognition at the constitutional level, it seems safe to conclude that practice and interpretation may extend the realm of legal protection granted to traditional freedom of expression to all kinds of speech, and this can easily include art too.’[20] within the European Union, artistic, scientific, and academic freedoms do not only seem to represent a specific kind of human activity, distinct of other forms of expression but also enjoy both vertical and horizontal effects and are impermeable to any type ofconstraints.’[21] Limitations can be enacted on different levels of artistic formation. It can be after the level of thought development to creation, presentation, publication, and dissemination. These constraints can lead to unfair statutes and regulations; however, they can as well be the result of physical as well as economic pressure.’[22] As far as artists are concerned, they can claim the same amount of security done by courts like any other citizen, be it about fundamental human rights or recording agreement arrangements and alike.’[23] The legal distinction between unlawful assumption and reasonable use of ideas and images also benefits to performers. Last but not least, artists, like the rest of the citizens, are protected against libel and defamation. However, there are cases where the separation line between attacks on artwork and attacks on the character and reputation of the artist is not always clear.’[24]
Recording and Performing Agreement
The person who arranges to record owns the Copyright in sound recordings.’[25] The person who arranges the sound recording is the artist together with the producer. However, in most cases, this will be the record label rather than the artists themselves.’[26] The recording agreements are lawfully binding agreements that enable recording to achieve the performance of an artist in comprehensive recording in exchange for sovereignty expenditures.’[27] An agreement on recording states all both the record label and the artist should comply with when both parties agree on the production and release of the music produced by the artist. When the output is at its initial stages, recording agreements define the number of songs the artist must make for the record label, that is, from single to many albums. The record label also spells how much the artist will be paid for the recording.’[28]
In most cases, such agreements bind the provisions of the artist in providing their recording services to other parties until the agreement time elapses. In cases where the artist would want to record for other parties, then the artist must include the clause to this effect. The provision is usually referred to as ‘side project.’[29]
Moreover, an artist agrees not to produce for other parties because it ensures that a record label has specific rights on all copies. This grants the record label to embrace the exclusive rights on all the texts, production, distribution, and sale of their recordings in particular nations for the period based on the agreement was made. It will include restrictions on re-recording to prevent the artist from tracking records previously released. Recording agreements can be restricted to only domestic, or they can be developed to accommodate releases at an international level. Performances on artistic work may be recorded, and the inclusive of appearances of guests is accepted upon the consent of the guest, written credit on the album, and artist’s record label payment. Another clause may also be included that grants the record label the right not to any of the above in case it so decides.’[30] The record label performs the function of manufacturing, distributing, marketing, promoting, and selling of music produced by the artist. Both the artist and the record label must have a documented agreement on a recording that rules the connection between them. The footage agreement has the following key provisions; the agreement term, number of songs the album will have, number of collections to be recorded, artist royalties’ payments, record label territory, recording budget, marketing, preferment, and other universal rights that the artist will grant the record label.
In the music industry, various legal engagements are involved, which include music publishing, the signing of recording, and performing agreements, among other commitments. Music Publishing is a in the process, and artist who owns the rights for the song is rewarded when his or her song has been used. The song can be used on TV, in films, video games, as a ringtone, as a background song for a movie, among other uses. The artist collects monies for his music generally in for License fee. The artists and the songwriters usually own the copyrights of the music, and they typically earn money in the form of a license fee or royalties if their work of art is used for commercial purposes. Under the U.S Copyright act, the artists are the copyright owners of their craft. If any person seeks to use an artist’s song in any way, they have to get express permission for the proprietor of the Copyright in the procedure of obtaining a license. Money that is generated from such permits is referred to as publishing income.’[31]
During the process of production, the artist signs agreements with the record label that he/she will remain loyal to the company and that the artist will not breach a contract agreement. The artist, through the promoter, should not oblige to record or exploit the record label. Thus, the developer shall neither be required to make any pirated copies of the production be either audio or audio/visual recordings of the performance nor exploit the records in any manner. However, notwithstanding all other provisions of the agreement, the legal representative shall be served with an edited or unedited copy of the audio or audio/visual recordings for his approval on behalf of the artist. In case the legal representative fails to give a written objection within four working days from the date of receipt of such copy, it will be assumed that the recordings were irrevocably approved.’[32]
The terms of contract stipulate the duration within which an artist can produce music for the record label. It can either be in terms of years (for instance, two years from the time the recording agreement is signed), or it can be based on what is commonly known as record commitment.’[33] It is worth noting that there is no guarantee of the record label releasing what the artist record at all, whether or not the recordings are released depends on how commercially accepted the Name is. Therefore, artists should get a good lawyer to make changes to the recording agreement to make it technically acceptable, which will marginally lessen the leeway of recording companies. If the new terms are accepted, then the record label will make a release commitment, which is an assurance to release the album.’[34] In contract law, we have the option clause, which mitigates this risk. The option clause provides that instead of the record label making a substantial commitment, it can make a product commitment of only one album. Included therein, will be a clause that in the event the first album is released, the record label retains the right to extend the terms of agreement for more products, or terminating the recording agreement.’[35] Royalties imply the percentage income that an artist will get from a recording label as compensation for using the artists’ music. There is a significant variance in these percentages and mostly the brave on a case by case basis between the artists than the label.’[36] The minute there is the release of the first album, and the next recording agreement has been signed, the option renewal should allow the solicitor of the artist to renegotiate a better royalty percentage, and this percentage should rise with each successive release.’[37]
Usually, the recording agreements are done in a large number of pages, and often they comprisea multifaceted language, with relations that are hard to comprehend, then again have a significant impact on the rights of the artists, their obligation, and compensation. Consequently, whenever an artist is offered a recording agreement, they have the responsibility of consulting an attorney who will conduct a review of the agreement terms and, in the process, explain the terms and conditions, negotiate with the recording label to obtain for the artist the best deal.’[38] Often, record labels have an acceptance clause in the recording agreements, which stipulate that the recording label must accept all the music that the artist makes under the recording agreement.’[39] It is a common thing for an artist to earn no money from royalties, and this implies even making the artist end up in debt. Therefore, it is of paramount importance that the artist has alternative sources of income through touring, merchandising deals, or publishing.’[40] The aim of the artist should be securing a positive release commitment from the recording label and also obtain minimum marketing spend to support the release of the artist. The artist should also have the freedom of terminating the deal if the recording label fails to release the artist’s record. The artists should also be able to buy back the recordings so that they can license them to another recording label or release them themselves.’[41]
A producer must make sure that he obtains written consent from an artist if he intends to use an artist’s recordings or exploit the artist’s rights.’[42] The property rights of performers can be purchased. Therefore the artist needs to use the performing agreement deter inadvertent give away of rights without receiving proper compensation, thus concerning the recording of a performance, we have four fundamental property rights.’[43] First, there is the right of reproduction, and this right can be infringed in the event any personal records or makes a copy of the art’s performance without the consent of the artist. Also, the rights of the artist or performer can be infringed if any person issues copies of the recorded performance to the public without the consent of the artist. This is known as the distribution right. Thirdly we have the lending right, which can be infringed in the event any person rents or lends copies of the recorded performance to the public without the consent of the performer. Lastly, there is the available making right which is which can be infringed if any person makes available the performer or artist’s recordings in whole or part by electric transmission in a way that the recordings can easily be available to the general public at any time and place, without the consent of the performer.
Discussion
The protection of record label interests may similarly play a significant part in artistic freedom limitations, and the recording agreement may encourage or restrict artistic freedom. The impediments to artistic freedoms pose challenges to rights of enjoyment by many people, including the artists themselves, irrespective of their experience. Besides, those who participate in creating, producing, distributing, and disseminating work are also affected by the obstacles.’[44] Recognizing the artistic freedoms of all persons while participating in the line of culture or are anticipating to engage in creative activities is very important.’[45] Fundamental motivations comprise of the desire to end criticism of the record label activities by the artists or to safeguard a specific character of the artist.’[46] Even where protection is offered only via freedom of expression, with content-based limits foreseen by the constitution, outright Censorship of art is uncommon simply because the scope of protection also includes the mere possibility to create.’[47]
The significant point is the bargaining poweramid the record label and the artist that affected all terms and conditions in the recording agreement. The record label has the right to decide on the producers and the production engineers they ought to work with, besides choosing on the studio to use since the record label shall pay for the production. The independence of the artist from the creativity control through the record label determines the bargaining power the artist has. It also depends on what the artist can entrench in the agreement done on recording terms. Furthermore, artistic independence depends on the nature of the working relationship between the artists and the record label.’[48] Those artists who are new in the industry have less bargaining power compared to those who are already professionals in the industry and can grasp higher payment percentages and progresses.
The effect from the lower bargaining power of the artist is the record label may decide the strict conditions of performing. The artist must assure the record label that they will perform their duties to the best of their knowledge and that they are ready to enter into a re-creation agreement even after the expiry of the first agreement. Also, be prepared to attend interviews and perform individual concerts should be well spelled out to the record label by the artists. The record label should bear the cost of connection, like travel and accommodation expenses, with the artists. The artists themselves must give a warrant that the artist has not breached any exclusive rights of another person’s music work in creating the record. The album label must be notified of any unclear samples as well as obtaining all session musician consents before the record label acceptance of the new record.’[49]
Additional security the record label should seek to get is a re-record agreement. It restricts the artist after producing for another person for the years within the agreement period. Any restrictions stating that the artist should agree to apply for the entire recording period following the expiry recording agreement, and should cover records released only.’[50] For instance, a case in Thailand that can be seen on this issue in the case of Thai singer “Num Kala.” Num Kala is a singer who was accused of piracy of others for commercial use by broadcasting audio and video to the public in which music works or audiovisual materials are not licensed with the copyright owner. He sang a song named “Yarm” to perform in various concerts many times and in many areas. This song was mastered by the Lebanon band, which is under the same current record label with him. Therefore, the Lebanon band allowed him to sing that song without thinking of any problems in which the song is Copyright of the former record label of the Lebanon band, not the current record label. The Lebanon band understands that the Copyright of the song is theirs and can be given permission to other singers to sing on any concerts. He sang this song at shows across the country without knowing the fact that the said song is a copyright of the former record label. The previous record label of the Lebanon band decided to sue him for 44 cases.’[51] As a result, all parties can negotiate and withdraw all cases in all courts. This case shows that despite the Labanoon band create and sing that song; it does not mean they are a song owner. Look at the recording agreement between the Lebanon band and the former record label; it may be a recording agreement that stated the condition that the recorded song and produced the masters will fit with the record brand, not the artist. Moreover, the Lebanon band is not negotiated for ownership of the master’s songs after the recording agreement is terminated caused by the Lebanon band is not an owner of their song so they cannot give any permission to allow the third-person to sing the Labanoon band’s songs without the permission of the former record label. It is meant by the artistic freedom to express the Labanoon band’s songs in whatever ways is devalued by the terms and conditions in the recording agreement that stated the limited clauses to express in some ways, in this case, the freedom to permit others, even though the Labanoon band created songs by themselves. Still, the agreement stated that the former record label owns the Copyright of the song; the Lebanon band cannot use the rights of the song fully, subject to the terms and conditions in the recording agreement.
Conclusion
Those involved in artistic work and the artists themselves should be protected by general laws that apply to all people and only support artists who are susceptible through lawful support.’[52]. The issue of artistic freedom is generally raised before the court when it interferes with other rights and freedoms.’[53] The governing principle of freedom of artistic expression states that the artist must not be restricted by regulation or agreement in the process of creating art.’[54] Artists have limits universal privileges that the artist licenses the record label by record contracts.’[55] If artistic freedom enjoys no specific recognition at the constitutional level, it seems safe to conclude that practice and interpretation may extend the realm of legal protection granted to traditional freedom of expression to all kinds of expression, and this can easily include art too.’[56] The source of such restrictions is oppressive laws and regulations besides economic coercion.’[57] The person who arranges sound recordings owns the sound copyrights.’[58] The agreement made by both the artist and the record label must be adhered to by both, and it includes the agreement period to ensure that the artist doesn’t produce for any other person during the tenure period. The record agreement term can be in terms of years and product commitment.’[59]When that artist agrees with the record label, it is essential that the artist commits to work exclusively for that record label and that they will work to the best of their ability. Besides, the record label must require that the artist commits to re-recorded restrictions. The artistic freedom is challenged to evict by the terms and conditions of performing agreements and recording, which they signed with the record label.
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[1]‘Report of the Special Rapporteur in the Field of Cultural Rights, Farida Shaheed The Right to Freedom of Artistic Expression and Creativity’ 25 <https://primarysources.brillonline.com/browse/human-rights-documents-online/promotion-and-protection-of-all-human-rights-civil-political-economic-social-and-cultural-rights-including-the-right-to-development;hrdhrd99702016149> accessed 8 April 2020.
[2]Ibid.
[3]Simina Tanasescu, ‘Artistic Freedom and Its Limitations’ (2011) 2 Romanian Journal of Comparative Law 9 <https://heinonline.org/HOL/P?h=hein.journals/romajcl2&i=9> accessed 10 April 2020.
[4]‘Report of the Special Rapporteur in the Field of Cultural Rights, Farida Shaheed The Right to Freedom of Artistic Expression and Creativity’ (n 1).
[5]Kilian III, Thomas. (2018). Artistic Freedom v. Censorship: An Ethics Research Paper Detailing the Debate of Denying Government Funding Of Controversial Artists. 10.13140/RG.2.2.21529.31841.
[6]Kilian III, Thomas (n 5)
[7] Ibid 6
[8] The Artistic Freedom, UNESCO (2013) https://en.unesco.org/creativity/sites/creativity/files/artistic_freedom_pdf_web.pdf
[9] Ibid 8
[10]Ibid 8
[11]—Andra Matei, ‘Art on Trial. Freedom of Artistic Expression and the European Court of Human Rights’ [2018] SSRN Electronic Journal <https://www.ssrn.com/abstract=3186599> accessed 8 April 2020.
[12]Matei (n 11)
[13]Tanasescu (n 3).
[14] Matei (n 11).
[15]Tanasescu (n 3).
[16]Tanasescu (n 3).
[17]Chandana Arval, ‘A Conceptual and Legal Analysis on How Film Censorship Hampers the Freedom of Artistic Expression’ (2016) 3 Indian Journal of Law & Public Policy 22 <https://heinonline.org/HOL/P?h=hein.journals/ijlpp3&i=180> accessed 8 April 2020.
[18]Tanasescu (n 3).
[19]‘Report of the Special Rapporteur in the Field of Cultural Rights, Farida Shaheed The Right to Freedom of Artistic Expression and Creativity’ (n 1).
[20]Tanasescu (n 3).
[21]Tanasescu (n 3).
[22]‘Report of the Special Rapporteur in the Field of Cultural Rights, Farida Shaheed The Right to Freedom of Artistic Expression and Creativity’ (n 1).
[23]Tanasescu (n 3).
[24]Tanasescu (n 3).
[25]Tom Crone and Philip Alberstat, Law and the Media (4. ed, Focal Press 2002).
[26]Ibid 25
[27]‘Recording Contracts Explained’ <https://www.soundonsound.com/music-business/recording-contracts-explained> accessed 16 April 2020.
[28]‘Music Industry Legal Pack – AMIN’ <http://www.amin.org.au/projects/music-industry-legal-pack/> accessed 13 April 2020.
[29] Ibid 24
[30]‘Vocalist.org.uk – Terms of a Recording Contract Examples’ <http://www.vocalist.org.uk/recording_contract.html> accessed 15 April 2020.
[31]Meisel John and Sullivan Timothy ‘The impact of the Internet on the law and economics of the music industry’ (2002). info.
[32]Caves Richard ‘Creative industries: Contracts between art and commerce (No. 20)’ (2000) Harvard University Press.
[33]‘Music Industry Legal Pack – AMIN’ (n 23).
[34]‘Vocalist.org.uk – Terms of a Recording Contract Examples’ (n 25).
[35]‘Music Industry Legal Pack – AMIN’ (n 23).
[36]Ibid 30
[37]‘Vocalist.org.uk – Terms of a Recording Contract Examples’ (n 25).
[38]Lawyers for the Creative Arts and others, ‘Legal Issues Involved in the Music Industry’ (law-arts.org, 2005) <https://law-arts.org/pdf/Legal_Issues_in_the_Music_Industry.pdf> accessed 13 April 2020.
[39]‘Music Industry Legal Pack – AMIN’ (n 23).
[40]‘Vocalist.org.uk – Terms of a Recording Contract Examples’ (n 25).
[41]‘Recording Contracts Explained’ (n 22).
[42]Crone and Alberstat (n 20).
[43]‘TheMU – Copyright, Moral Rights for Performers in a Sound Recording’ <https://www.musiciansunion.org.uk/Home/Advice/Your-Career/Legal/copyright/Copyright-for-Performers-in-a-Sound-Recording#performance> accessed 14 April 2020.
[44]‘Report of the Special Rapporteur in the Field of Cultural Rights, Farida Shaheed The Right to Freedom of Artistic Expression and Creativity’ (n 1).
[45]Ibid 44
[46]Report of the Special Rapporteur in the Field of Cultural Rights, Farida Shaheed The Right to Freedom of Artistic Expression and Creativity’ (n 1).
[47]Tanasescu (n 3).
[48]‘Music Industry Legal Pack – AMIN’ (n 23).
[49]‘Recording Contracts Explained’ (n 22).
[50]Ibid 48
[51]CHAIYOT PUPATTANAPONG, ‘Singer Num Kala Charged with Copyright Violations’ https://www.bangkokpost.com (Bangkok, Thailand) <https://www.bangkokpost.com/thailand/general/1427383/singer-num-kala-charged-with-copyright-violations> accessed 12 April 2020.
[52]‘Report of the Special Rapporteur in the Field of Cultural Rights, Farida Shaheed The Right to Freedom of Artistic Expression and Creativity’ (n 1).
[53]Andra Matei, ‘Art on Trial. Freedom of Artistic Expression and the European Court of Human Rights’ [2018] SSRN Electronic Journal <https://www.ssrn.com/abstract=3186599> accessed 8 April 2020.
[54]Chandana Arval, ‘A Conceptual and Legal Analysis on How Film Censorship Hampers the Freedom of Artistic Expression’ (2016) 3 Indian Journal of Law & Public Policy 22 <https://heinonline.org/HOL/P?h=hein.journals/ijlpp3&i=180> accessed 8 April 2020.
[55] Ibid 54
[56]Tanasescu (n 3).
[57]‘Report of the Special Rapporteur in the Field of Cultural Rights, Farida Shaheed The Right to Freedom of Artistic Expression and Creativity’ (n 1).
[58]Tom Crone and Philip Alberstat, Law and the Media (4. ed, Focal Press 2002).
[59]‘Music Industry Legal Pack – AMIN’ (n 23).