The most basic law that everybody in the creative industry would’ve come across is Law of Contracts and Intellectual Property Rights. While there are other laws that could be associated to Creative Arts, this article will address issues pertaining to Law of Contracts.
Creative Artists often lament about how exploitative creative industries felt and the lack of remedies often leave them disadvantaged.My goal is to foster a community of creative artists that is knowledgeable about the legal instruments capable of supporting their work and to inform policymakers about the untapped potential of India’s still fledgling creative industries.
In order to deal with the issue of non-payment of money, the following are the pre-requisites needed to protect an individual from exploitation:
• Have a written agreement enforceable by Law:
While implied contracts can also be a valid form of a contract, the burden of proof and the task of establishing a connection is a time consuming process. Therefore, it is always advisable to have a written contract signed by both parties establishing connection.
• Sample Contracts from a legal expert:
Sample Contracts gives an edge to closing a lightening deal. During situations when there is very little time to enter into a contract for projects, sample contracts play a very significant role to ensure protection.
• Have everything written via mail:
Having everything written via mail establishes a long-standing connection between parties and any form of an agreement made whichis enforceable by law will be a valid form of contract.
Incase you have been defaulted even after following the pre-requisites needed to protect an individual from exploitation, these are the legal means to recover money:
Incase you have been defaulted even after following the pre-requisites needed to protect an individual from exploitation, these are the legal means to recover money:
• Legal Notice:
Legal Notice is a written communication between the parties expressing the intention to undertake legal proceedings against the defaulter.
• Summary Procedure:
Order 37 of the Civil Procedure Code provides for the summary procedure keeping in view certain suits in order to prevent the unreasonable obstruction laid down by the defendant, who has no defense.
• Suit under Negotiable Instruments:
Provisions under the Negotiable instruments Act, 1881 can be used to recover debts for instruments like cheques, bill of exchange, promissory notes etc.
• Criminal Complaint:
A criminal complaint and a case can be made depending upon the facts and circumstances for recovering debts under the Indian Penal Code, 1860.
• Conclusion:
Creative Artists must keep in mind that the importance of having legal knowledge and proper guidance will help individuals/ groups in making transactions through a secured gateway by binding all parties by virtue of a contract that will make the defaulters liable in the court of law.
