I’m A Professional Too: Session 4— Know Your Rights
Session Summary
On November 7 , 2021, CAREspaces and SNS Arts Development Consultancy co-curated and co-hosted the fourth session of their five-part event series “I’m a Professional Too Session 4: Know Your Rights.” This session built upon our three prior sessions by articulating FAQs on approaching and utilizing lawyers in the contexts of intellectual property, breach of contract, as well as sexual and ethical misconduct. Our priority for this session was to ensure that all attendees could understand the specializations of our panelists, and how each of them could provide their expertise in different scenarios.
The information discussed on this panel is for informational purposes only, and should not be construed as legal advice. Additionally, any information presented by Presenters or panelists through powerpoints or handouts are for informational purposes only and should not be relied upon as legal advice.
Intellectual Property
When would someone approach an intellectual property lawyer?
This lawyer in the Indian arts space would be equipped to assist on the business and business and intellectual property aspects of the creative industry. Payment structures may depend on the lawyer or law firm, but typically an introductory meeting will be needed to understand a potential client’s problem before making the decision as to whether to take them on.
The most important requirement is to remain calm, composed, and try to be objective if possible. Take the time to collect your thoughts and understand your own story, since you know your story the best. Evidence or document copies are not always required, but if they are necessary to rely on, notify the lawyer prior to the meeting to confirm whether it is okay to send the documents and have them remain privileged.
What does justice look like?
For copyright and trademark, there are both criminal and civil remedies. Injunctions can be used to tie up production and serve as a recourse.
Best Practices
With the increase in artists uploading their content online, artists and consumers may not always be aware of the intellectual property agreements put in place by streaming services.
- With this pivot to digital platforms, there is also more art being made and being consumed, so if a consumer sees an intellectual property violation, they can always report these as violations and write to the artists to ensure that attention is being drawn. Education and empathy are two things that can be gained through calling attention.
Breach of Contract
When would someone approach a breach of contract lawyer?
This lawyer in the Indian arts space would be equipped to assist musicians, dancers, actors, writers, directors, and others in this space in relation to contracts with vendors, organizers, producers. They can assist with contractual disputes between different parties within the space of Indian arts.
Best Practices
There is an existing stigma about contracts, especially between parties who may have worked together previously. Always clarify information well in advance, if possible, to ensure transparency.
- It can work out in your favor to work with a lawyer while creating a contract to begin with, rather than to receive legal help in situations of breach of contract or contract enforcement.
- If the only correspondence on an agreement has been conducted over messaging/social media, these messages may not always hold up in court depending on jurisdictions, so it is always helpful to have a written agreement.
- If a conversation took place over the phone, send an email to summarize what was discussed to confirm and have a persuasive value when rights are attempted to be protected.
Sexual and Ethical Misconduct
When would someone approach a sexual and ethical misconduct lawyer?
This lawyer in the Indian arts space would be equipped to assist in cases of sexual harassment, abuse, or other types of misconduct. However, there is not a one-size fits all approach; you could see a lawyer after reporting to law enforcement, after seeing a therapist, even when you are not sure where to go.
What does justice look like?
Different people have different ideas of what redressal mechanisms and solutions look like. At times, a complainant requests a written apology, or other forms of reconciliation, even if they choose to not pursue the legal route.
Best Practices
Trust is inherent to art forms because of 1:1 sessions, interactions that may happen at night or outside of business hours, as well as physical contact in dance environments.
- If physical contact, even in a dance environment, felt unwelcome, it was unwelcome.
- The decision to approach a lawyer is a very personal one and depends on each individual person’s preference.
- You do not always need evidence; a lawyer will provide you with a notice if it is okay — if you feel like you can proceed without evidence then that notice is provided.
- In situations when a complainant feels that an internal complaints committee has bias, they can request that a member with bias in the situation be removed.
Role that Social Organizations Can Play
Legal support can require a lot of energy from a person; typically only legal options are associated with misconduct, but there are other options that exist.
- Not all problems have a legal solution, and some can be tackled by going to grassroots organizations within the LGBTQ and survivor-centric organizations.
- Even if the resolution doesn’t come from legal means, it’s good to consult a lawyer to understand what your options are.
- In cases of sexual and ethical misconduct, social organizations can assist by serving as a facilitator organization.
- Organizations can serve as community support/civil society support to provide survivors a safe space to talk, even if they do not want to seek legal action.
- Organizations may have hotlines to share laws, lawyers, and other psychosocial interventions.
- It is okay if you think you are approaching the “wrong” person — do not fear reaching out because you assume that you cannot be helped.
