The video discusses the nuances of inter-artist contracts that can be an useful template for the purposes of drafting and executing Artist specific contracts.
In the light of rights of singers, this article has been conceived under the copyright law regime. How performers rights can be understood and legally under the provisions relating to performing artists and how can the law be taken it of is explained in this article. This takes a theoretical as well as practical approach to both the laws and the performing arts field.
From the author of the article, “The Copyright Act 1957, the prevailing legislation on Copyright accords a bundle of rights to the author. This paper examines the nuance of the Performers’ Rights accorded for Public Performances vis-a-vis the advent of technology and progress therein.
This is an interesting petition where singers of several bars at New Delhi approached the High Court for an order to restore and protect their rights as performance under the copyright law. This is an important reading to get an idea of how a petition by performers should look like and the points of law that can be referred to in the petitions.
This is about the recent and famous case of rights of the famous Kuchipudi dancer Vempati whose wife approached the High Court to seek an Order for prohibiting use of his husband’s music compositions without their permission and involving payment for the same. This gives the idea of how even within the Guru-Shishya parampara this kind of a prohibition is legally possible and how can that be enabled to protect the rights and royalties of the artists and choreographers
Creative Equity Toolkit: Resources for Cultural Diversity in the Arts
An important article by Khushboo Jain in the Indian Express on the proposed transfer of Childline from MWCD to MHA.
The video discusses the basics of various contracts common in the entertainment law industry.
The video discusses the P visa for performers and sportsmen – an alternative to the H1B visa!
A discussion of the different ways that music can be protected under copyright law and all the separate rights involved in any given piece of music.
A discussion about the law of music and how it relates to sampling.
A discussion about the law of music and how it relates to the synchronization of music.
A collection of videos discussing the basics of common forms of Intellectual Property.
A discussion of the international law governing the repatriation of cultural artefacts, where this law falls short and how it might be made more effective.
Hindi Translations coming soon
Bengali Translations coming soon
Copyright Act: Performer’s Right
Indian Penal Code, 1872
Juvenile Justice (Care and Protection) Act, 2015
The Protection of Children from Sexual Offences Act, 2012
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Transgender Persons (Protection of Rights) Act, 2019
Artists, who are speaking up against the sexual harassment, are taking early steps towards creating effective prevention, and inclusive, trauma-informed redressal mechanisms. This article discusses the various initiatives that have been taken by renowned artists towards ensuring that artists get justice and a support system to go to for help in cases of such harassment.
This article brings to light the reality of sexual harassment in the light of the #metoo movement across the world and India as such. It investigates the underlying patriarchal mindset and how the apologies too are laden with the age-old orthodoxy.
This article identifies the scenario of performing artists and their regular sexual harassment which has been tacitly accepted as the reality in the classical dance genre in India.
A piece written by Shubha Mudgal on the pervading sexual harassment in the context of Guru-Shishya Parampara in India which has been the reality for ages without protests. But, the uncouth reality being voiced by stalwarts is the way forward in this fight against sexual harassment
A newspaper reporting of a Guru serving at the famous Kathak Kendra, New Delhi being booked for sexual harassment and how heckled the victim had been in lodging the complaints
How to Protest: A post by actor-performer Yuki Elias appealing to the Theatre Community
This article beautifully illustrates the life of an artist and how artistic freedom is the key to making the artists who the artist is. In ensuring this safe space everything else should be kept at bay including sexual harassment which must be the aim of the collaborative artists groupings.
This legal analysis is based out on the infamous Bombay High Court decision on a POCSO case which has been heavily criticized. The importance lies in this article with regard to the interpretation of the laws and the same should be known to general public and especially performing artists who quite often deal with child artists.
This is a basic description of the law which is important for all performing artist to know and appreciate. This basic outline will give a framework as to how this law can be implemented in the performing arts field and how the implementation must be effectuated.
This is a landmark judgement coming from the Calcutta High Court where in the gender neutrality of the perpetrators of sexual harassment in the workplace has been understood and read into the law. Concerning performing arts field as a gender neutral landscape this case law is of immense importance.
This article gives an interesting idea of how this law on sexual harassment must be interpreted. The tests of reasonability must be understood in a way that gives way for the perspective of the victim instead of the perspective of the perpetrators who are mostly male members. This is a good read for those who are trying to not only understand the law but also implement it and take the legal course if the need arises.
Enablers are among the main reasons why it is extremely hard to fight sexual harassment. It is these enablers who play a major role in creating a culture where sexual harassment is normalised and where it is extremely easy for the perpetrator to continue his behaviour unchecked)
The good, the bad, and the ugly a year after the public airing of deeply personal pain in India’s film industry. People who were called out are back at work; they have neither been proven guilty nor acquitted. On the other hand, women who came out have had to face a pushback from the industry
Arts & the Law Bengali: Session 1: The Arts & Abuse of Power: Harassment & Sexual Harassment
US scholar Christine Marrewa Karwoski on her case against theatre personality Mahmood Farooqui and her life since he was exonerated by the Delhi High Court.
Himmat is a pro bono initiative to equip survivors of sexual harassment at college campuses with the support and knowledge required to tackle Internal Committee (IC) proceedings. Himmat provides free legal assistance to survivors considering/pursuing IC proceedings. This service is provided by connecting survivors to experienced lawyers in the field through a form on our website. It is open to all students and can be availed anonymously to eliminate any potential backlash for seeking help. It also contains basic information regarding IC proceedings on their website such as how to file a complaint, tips on submitting evidence, and the recourse available to a survivor. In our pursuit of making information about anti-sexual harassment law more accessible, today we have launched a free and easy to read Handbook. It has been authored by students from NUJS and NLS. The foreword has been authored by eminent women rights advocate Veena Gowda and has Lawtopus, TrustIn and Sasha as logo partners.
This article is about the petition by two law students before the Supreme Court seeking ‘gender neutral’ laws.
This article by LiveLaw summarizes the recent decision from the Bombay High Court on the maintenance of privacy of survivors of sexual harassment and the guidelines issued by the High Court on how privacy could be and should be maintained. It is an important read because it lays down several issues and propels various kinds of concerns on the anticipated bias.
A complaint was filed by Swara Bhaskar regarding her harassment over Twitter. This depicts how cyber harassment is becoming a new reality for artists.
A Bengali customised version prepared bye Team Unmute on the nuances of the copyright law and how provisions of performance rights relate to performing artist in general. The copyright law protects choreographies which are also protected and the nuances of that have been explained in this document. This document is a quick reference for all those who seek to take legal help in case of violation of their rights as performance or as choreographers in the field of performing arts.
English Translations coming soon
This document as prepared by the Government of India lays down the entire Act in lucid language. Is a quintessential document that must be referred to by the organisations that seek to protect their employees against sexual harassment. It lays out the basic idea of sexual harassment and guides the formation of complaints committees and how adjudication be done before them.
This is a Bengali document prepared by Team Unmute that explains the law on Sexual Harassment and its elements in simple language that can be referred by the performing artists for quick reference.
A PowerPoint presentation that describes sexual harassment at workplace concerning performing artists. It raises several questions and attempts to answer those in the light of performing artists. Team Unmute has presented this at several training sessions and workshops. The legal provisions concerning this issue in the performing arts field has also been preferred.
Another PowerPoint presentation in continuation to the first one that raises further questions of how performing artist are victims of sexual harassment and how best can that be solved through Law as well as through collaborative efforts.
Manch UK Presents – Footprints
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Asiya Shervani is a change management, organizational ethics, diversity, inclusion and leadership development expert who consults with nonprofits, educational institutions, government departments, start-ups, entrepreneurs, small/medium Indian enterprises as well as creative professionals, sportspersons and performing artists. She designs and facilitates customized workshops on the legal, ethical and psychological aspects of harassment, sexual harassment and power dynamics in structured as well as unstructured workplaces and formal/semi-formal educational institutions, studios, coaching centers and collectives. Asiya is part of a core committee of WCC (Women in Cinema Collective) working on gender equity, parity and safety related best practices for the southern Indian film industry. She is supporting the classical and performing artists to build strategies and methodologies to improve equity and representation on stage as well as behind the stage. She is the external member on several committees which investigate sexual misconduct, harassment as well as everyday sexism and incivilities. Asiya has a Master’s degree in the social sciences and can be contacted at email@example.com
Born and raised in a family of medical professionals in Kolkata, India, Urmi Basu completed her Masters in Social Work at the prestigious Tata Institute of Social Sciences, Mumbai. After fifteen years of professional work Urmi set up a small non-profit named New Light inKolkata in 2000 with a seed money as little as Rs 10,000 along with two other young people from the Kalighat red light district. The mission of the organization is to promote gender equality and fight violence and abuse of women, girl children and young people. The organization works to fight against child prostitution and trafficking for the purpose of sex- trade, child labour and bonded labour. Urmi has been a part of targeted intervention programs for victims of HIV/AIDS, trans-sexual and trans-gender people.She lives in Kolkata, India and fights for social justice for the marginalized community every day of her life. In her own words her greatest moment of joy was when she was chosen as a recipient of a blessing from His Holiness The Dalai Lama under the title Unsung heroes of Compassion 2009 on the 26th of April 2009 in San Francisco for her work that promotes compassion and peace. In 2019 Ms. Urmi Basu received the prestigious Nari Shakti Puraskar from His Excellency the President of India through the Ministry of Women and Child Development, GOI, in recognition of New Light Kolkata’s contribution to women’s empowerment on the occasion of International Women’s Day.
Paramita is a performer, contemporary dancer, curator, and arts manager working out of Kolkata. Paramita has more than 20 years of contemporary dance training and representation across 18 countries with Sapphire Creations Dance Company where she was Repertory member, Co-Director for 24 years. She is currently Co-Director of Artsforward. Paramita works with artists and the creative community to build moving messages for social change for the present generation. She is deeply engaged in the field of environment, e-waste management, audience development for the arts, nurturing and supporting creativity and artistic ability in the youth, curating, and designing creative art projects. She is an ArtThinkSouthAsia 2016 Fellow and a Global Fellow of International Society of Performing Arts 2018 and 2021. During Covid Times her Instagram initiative ArtAloneTogether recorded artistic expressions from artists and art lovers around the world through various creative prompts called Lockdown Weekends, ArtAloneTogether has since then developed into India’s first and only am-pm, mixed arts online festival featuring artists across disciplines and borders. Paramita has conducted and delivered more than 1000 art events across India since 2002.
Dr. Shameek Sen is an Assistant Professor in the West Bengal National University of Juridical
Sciences, Kolkata, India. He specializes in Public Law disciplines like Constitutional Law and
Media Law. After graduating from the NUJS in 2005 as a part of the very first graduating batch
of the University and finishing his LL.M. in 2007 (where he won the prestigious Nani Palkivala
Gold Medal for securing the highest marks in his batch), Sen joined as an Assistant Professor in
NUJS. He completed his M.Phil. in the year 2008 and Ph.D. in the year 2016. His Ph.D. thesis is
titled “Free Speech and Censorship, with special reference to the Law of Obscenity”.
Sen has several publications as books, book chapters and articles in peer-reviewed journals. He
has also presented several papers in international conferences and symposia. He currently
holds the position of Coordinator at the Centre for Studies in Entertainment and Media Law at
Somabha Bandopadhay is a doctoral student and University Junior Research Fellow at The West Bengal National University for Juridical Sciences (WBNUJS), Kolkata
She pursued BA.LLB (International Law Honors) from School of Law, KIIT University, Bhubaneswar and pursued LLM (Human Rights) National Law School of India University (NLSIU), Bangalore. She has been a scholarship holder at KIIT University. She was awarded the Nani Palkhivala Memorial Gold Medal at NLSIU Bangalore for securing the highest in LLM (Human Rights) and the Chancellor’s Gold Medal and Nanibala Devi Memorial Gold Medal for topping the School of Law, KIIT University in 2018. Recently, Somabha has been awarded the Indo-Canadian Shastri Scholarship to pursue research on victimization of transgender persons and is preparing to undertake the comparative research soon.
Somabha won the prestigious Bar Council of India Inter-University Moot Court competition in 2017 and was adjudged as the Best speaker as well as the Best Female Advocate that ensured her a scholarship from the Council for a year.
She is presently pursuing a research on Glyphosate and Rights of Nature in collaboration with Earth Thrive, United Kingdom and another with WBNUJS, Kolkata on Transgender trauma and stigma. She is a member of the GARN Youth Hub, Ecuador and World Youths for Climate Justice and is passionately working on Rights of Nature.
Dr. Arshiya Sethi, twice a Fulbright Fellow, has been working in the arts in leadership positions for over four decades. In 2003 she set up Kri Foundation with the avowed purpose of promoting the Arts and its intersections with social issues. An institution builder in the arts, she has been Creative Head (Programmes) at India Habitat Centre and has been a consultant with United Nations Office on Drugs and Crime where she worked on projects associated with children, adolescents, women and human trafficking and gained in Training experience and expertise. Since then, she has worked on issues of gender, social defence and ethics with groups as varied as artistes, students, women’s groups, youth leaders, school educators, Government Protection officers, Jail staff and the police. She has mentored many young people and is the founder Trustee of the YP Foundation and its present Chair. Arts and the Law is her current focus area.
Prof. (Dr.) Kavita Singh is Professor in WBNUJS, Kolkata in into research and teaching for more than 18 years, before joining NUJS in 2004 she has taught at the Dept. of Law, University of North Bengal (2002-2004) and S.K. Acharaya Institute of Law, Kalyani University (2004) as lecturer among other places. She has obtained her LLB, LLM degree from University of North Bengal and she qualified UGC NET in 2003. She was awarded Ph.D in 2008 and her Ph. D Thesis titled “Anti - Terrorism Law and its Impact on Human Rights in India: A Critical Appraisal”. Her LLM Dissertation titled, Custodial Violence and Emerging Trend of Custody Jurisprudence in India (2002). She has worked in various research projects nationally and internationally and is widely published in books and journals of repute. She has presented several papers in the international and national conferences.She holds various positions in NUJS including Member of the Academic Council of WBNUJS (2010-2012). She is presently member of Doctoral Committee, member of Faculty Advisory Committee, member of Quality Control Cell of WBNUJS, member of All India Law Teachers Congress, member of Post- Graduate Council, member of Staff Welfare Committee and member of the legal aid society. Prof. Singh’s research interests include Criminal Law, Criminology & Victimology, International Taxation and Family Law
Dr. Shouvik Kumar Guha is currently working as an Assistant Professor of Law (Senior Scale) at The West Bengal National University of Juridical Sciences since 2014. He has obtained his B.A., LLB. (Hons.) and LL.M. (gold medallist) degrees from NUJS in 2010 and 2013 respectively, and has also completed his Ph.D. (Technology Transfer: An Interface between Intellectual Property and Antitrust Laws) from the same institution. He is also the Joint Director of the Centre for Financial and Regulatory Governance Studies, and the Centre for Competition Laws, the Founding Director of the Centre for Law, Literature and Popular Culture, the Associate Director of the Centre for Aviation and Space Laws, and the Assistant Director of the Centre for Law and Technology, at NUJS. He has also served (2012-2014) as the Director (Operations) of Increasing Diversity by Increasing Access to Legal Education (IDIA), an organisation with pan-Indian presence devoted towards making legal education more accessible to the underprivileged. In addition, he also has the distinction of being a TEDx Speaker, a member of the global forum of Sustainable Market Actors for Responsible Trade (SMART), a registered member of the Independent Director’s Data Bank maintained by the IICA, and a member of the Network of Indian Competition Experts- Cartel Working Group (NICE-CWG) created by the Competition Commission of India. Guha has also served as the co-Investigator for research projects involving competition assessment of several legislations, commissioned by the Competition Commission of India, and a major research project on Judicial Trend in Case relating to Cyber Crime with Special References to West Bengal, funded by the West Bengal Judicial Academy. He is also a part of several ongoing interdisciplinary research projects involving the application of artificial intelligence in legal domain with researchers from IIT Kharagpur, IIT Kanpur and IIM Ranchi, the interface between law and psychology with researchers from Christ University, a joint research project involving use of artificial intelligence to address consumer protection issues with researchers from Daksh and IIT Delhi, to name a few. He has also been associated with several leading law journals in India as Managing Editor, editor and senior associate member, He has also acted as legal analyzer for Spicy IP, a premier academic web-blog on Intellectual Property Law in India. He also has till date to his credit about seventy publications including book chapters, conference papers and articles published in journals of international and national repute.
Dr. Arvinder J. Singh is a psychologist and psychotherapist A consultant to the UN She is currently the founder director of Ashoka Centre for Well being at Ashoka University and guest faculty at IIMA. A Mental Health practitione, rshe has been educated and trained in India and abroad (U.K.) and works on building healing spaces through listening and sharing stories. She is also the founder of an initiative called Listening circles and Healing spaces that builds on this aspect of her work. An important part of her professional journey has been her work with traumatised populations in politically sensitive zones in India (Gujarat , Kashmir and the north eastern states) , Afghan refugees and people affected by disasters such as earthquakes in India, Pakistan and Nepal where she led Mission Psychosocial support. She is also a Guest Faculty at IIM-Ahmedabad with the strategic leadership program.