Freedom of Expression and Music Contracts: Is There a Place for Blasphemy Anymore?

Abstract

This article discusses the use of the traditional warranty given by recording artists and music composers, when signing contracts with record and music publishing companies, that the material they submit shall not be blasphemous. The historical context and evolving legal nature of blasphemy in England is analysed in the light of article 10 of the European Convention on Human Rights, namely freedom of expression, which has been introduced into English law by the Human Rights Act 1998. The article argues that record and music publishing companies have – albeit by accident rather than design – realigned their respective contracts so that they are more in tune with the spirit of the Convention in terms of freedom of expression by removing the warranty in respect of blasphemy. However, blasphemy is still a crime in England, so music law practitioners representing parties to the record and music publishing contracts need to be aware that this remains the case and advise their clients accordingly.

How to Cite

Gregg L., (2016) “Freedom of Expression and Music Contracts: Is There a Place for Blasphemy Anymore?”, Entertainment and Sports Law Journal 1(3). p.2. doi: https://doi.org/10.16997/eslj.158

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Authors

Lindsay D. Gregg (Associate at Messrs)

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Creative Commons Attribution 4.0

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This article has been peer reviewed.

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