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The difference in the relative bargaining power of musicians and their corporate partners not only has consequences for the negotiation and formation phase of the contract, but also for its performance, consisting of the exploitation of protected content and the ensuing remuneration. Unfair situations may arise in both respects. This chapter analyses to what extent the legal framework intervenes – and should intervene. First, it reviews exploitation obligations, both in terms of the existence and scope of a duty to exploit and the possible limitations to the content of exploitation activities. Subsequently, the requirement of ‘fair’ remuneration, the available tools for ex post contract adjustment and legislative measures seeking to enhance transparency in the music value chain are scrutinised. The chapter then moves on the performance stage of contracts in secondary relationships, before making a case for a harmonised residual remuneration right for digital exploitation, and concluding.
This chapter illustrates how the United Kingdom’s distinctive understanding of sovereignty combined with New Labour’s vision of the United Kingdom’s place in the global economy to shape the government’s approach to human trafficking. Targeting trafficking for sexual exploitation, the government cracked down on migrant sex workers and domestic prostitution. It also associated labour trafficking with illegal working and cast society as a victim of exploitation along with individuals who had been trafficked. The chapter describes New Labour’s selective acceptance of European Union and Council of Europe antitrafficking instruments; it adopted those instruments that reinforced the United Kingdom’s borders while avoiding those that gave rights to victims of trafficking. By equating its action plan for tackling human trafficking with the abolition of the slave trade, the government elevated its antitrafficking policies to a moral crusade.
This chapter brings together the research findings and answers the main research question, namely how the legal framework can contribute to a achieving a fair(er) balance between the interests of musicians and their main corporate partners. It summarises the potential bottom-up initiatives, as well as the possible regulatory action identified throughout the book.
The European Union adopted region-wide binding legal norms and a multifaceted legal approach to human trafficking. This chapter explains that the EU has competence (legal authority or jurisdiction) over human trafficking because trafficking is seen as a crime that moves across borders. By contrast, the EU needs another source of competence to tackle forced labour in supply chains. These different sources of competence over different drivers of unfree labour resulted in a proliferation of gendered governance strategies. Pushed by the Council of Europe’s Convention on Action against Trafficking in Human Beings, the EU incorporated the rights of trafficking victims. The chapter illustrates how victim’s rights were subsumed under the EU’s primary goal of hardening Member States’ borders against undesirable outsiders, exemplified by migrant sex workers. The EU also promoted a corporate sustainability due-diligence directive and a product ban targeting unfree labour in supply chains, thereby extending EU values beyond Member States’ borders.
This book focuses on music industry contracts and the contractual dynamics between composing and/or performing musicians and their primary partners in the digitised music industry, namely music publishers and record companies, taking account of the ubiquitous nature of music streaming. It focuses on the question of how the legal framework intervenes and should intervene in such contracts, both in theory and in practice. Its objective is to contribute to a level playing field that counteracts the imbalance in bargaining power between musicians and their corporate partners in a proportionate way. The book draws upon an analysis of copyright contract law at the European Union and national level, as well as relevant principles of general contract law, competition law and related applicable rules that curb business-to-business contract terms and trade practices characterised as unreasonable. The book studies the applicable legal framework in Belgium, France, Germany, the Netherlands and the United Kingdom.This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
This chapter argues that it is ethical to buy sweatshop products. It explains why arguments to the contrary made in the business ethics literature fail, why sweatshops are not wrongfully exploitative, and why it is better to benefit workers a little bit rather than not at all. It also considers how background injustices impact the ethics of sweatshop employment, and finally reviews issues of worker autonomy and goals other than the welfare of sweatshop workers.
In this paper, I argue that there is an inconsistency between the content of some of the labour-related human rights articulated in documents such as the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights and the obligations ascribed to various actors regarding those rights in the United Nations (UN) Guiding Principles on Business and Human Rights (UNGPs), in particular those ascribed to corporations. Recognizing the inconsistency, I claim, can help us see some of the moral limitations of both familiar public responses to exploitative labour practices and influential philosophical accounts of the wrong of exploitation. In light of these limitations, I argue that there are reasons to accept a more expansive account of the human rights-related obligations of corporations than that found in the UNGPs, and in particular that we should accept that corporations have obligations to actively contribute to lifting people out of poverty.
Well documented in the lives of people with intellectual disability are greatly increased occurrences of adverse life events, exposure to abuse (emotional, physical, sexual), neglect, exploitation, victimisation, and hate crimes, in contrast to the general population. Shockingly, abuse has been reported in developmental service systems at even higher rates and in specialist treatment units such as Winterbourne View and Whorlton Hall. People with intellectual disability also experience trauma associated with physical restraint to manage behaviours that challenge services, negative consequences of psychotropic medication, greater exposure to painful medical procedures consequent to health issues, particularly in early and late stages of life and greater than typical discontinuities in care related to hospital admissions, respite, and staff turnover in group and institutional living. The evidence to support medication treatment in post-traumatic stress disorder is reviewed.
Standard accounts of what makes exploitation wrong ground its wrong in distributive unfairness: when A exploits B he wrongs her by taking a greater share of the benefits from their interaction than he ought. I argue that this standard account does not succeed; distributive unfairness is neither the sole, nor the primary wrong of exploitation. I assume that distributive unfairness is pro tanto wrong. However, I argue that in situations where transactors’ consent to a transaction is morally valid, it is also morally transformative and overrides distributive unfairness’s pro tanto wrong. Thus, wrongful exploitation requires morally invalid consent.
Corporations and other powerful contemporary institutions take decisions that increasingly impact the possibilities for well-being not only of those who work or live within them and are governed by them but also of distant people who are deeply affected by their functioning. This democratic deficit raises the question of whether the workers and others who are so affected should have a say in the policies that set the basic conditions for their own livelihoods and flourishing. This chapter sketches an understanding of the scope of the All-Affected Principle, taking it as an important addition to the “common activities” principle that requires democratic rights for the members of an institution or community. It proposes that both principles require democratic management (or “workplace democracy”) within firms, and suggests that the All-Affected Principle is especially apt for addressing the exogenous effects of decisions on people beyond the firm, or on distant people impacted by the institutions of global governance. The chapter goes on to consider applications of the All-Affected Principle for other labor rights under capitalism, including the right to form unions, support for care work, and for the unemployed.
The decades since the Second World War have seen dramatic shifts in the approved varieties of sexual experience in liberal democracies. Sexuality, once regarded as an intensely private matter, is now on display everywhere, on large and small screens. Effective contraception has made what was once primarily a procreative act into a form of recreation, available to both heterosexual and same-sex couples. From being regarded as a privilege of marriage in the 1950s, today access to sex might be regarded as a right. An extreme form of this belief might be seen in the “Incel” movement. Cohesive community ideals about sexuality within marriage disintegrated in the post-war world responding to growing demands to respect a diversity of individual desires. Democracies which hold to faith traditions promote a more traditional view of sex as contained within marriage. The promotion of a responsible sex life has become part of the commitment of many secular liberal democracies to ensure the health and welfare of citizens, particularly in light of AIDS and HPV. Countries have put laws in place to protect citizens from sexual abuse. The global nature of the digital realm, however, makes sexually exploitative visual material difficult to police.
In this paper, we introduce a unique dataset derived from a survey conducted among 450 Syrian refugee workers and the owners/managers of the firms in which they are employed in Istanbul, Turkey. We utilise this data to investigate the connection between the wage-productivity gap and perceived economic and social discrimination. The findings of the study indicate that individuals facing a wider wage-productivity gap tend to report higher levels of economic and social discrimination. These results remain consistent even after incorporating various variables at both the worker and firm levels into the analysis. These findings imply potential policy recommendations that policymakers should take into account.
Chapter 1 analyzes the shift in the understanding of domestic service from a problematic institution intrinsically connected to inequality and exploitation to an acceptable practice in the 1920s. These early conversations revealed the two main tensions in the understanding of paid domestic labor after the revolution. The first involved class. While quick to reimagine domestic servants as domestic workers, the Bolsheviks struggled to articulate a coherent position on the class affiliation of their employers. Even though employment of household workers did not constitute exploitation in the strictly Marxist sense, the practice had a distinctly petty-bourgeois character in the eyes of many Soviet citizens. The second tension had to do with gender. The Bolsheviks had no resources to fulfil their vision of socialized housework but still sought to mobilize urban women for work outside the home and for political life. Rather than encouraging redistribution of labor in the home, the state saw employment of female migrant peasants with no professional qualifications in Soviet homes as an acceptable solution to the problem of housework.
Chapter 3 carries out a critical review of environmental strategies, from reactive postures, such as pollution control, to the most proactive and advanced ones, such as pollution prevention and product stewardship. In doing so, the literature review shows the main theoretical streams used to frame different environmental strategic positionings, such as the institutional theory, the natural resource-based view, a new stakeholder theory or the microfoundations of strategy. To carry out a critical review of existing typologies of environmental strategies, they are deconstructed into their main features and dimensions following two research traditions: strategy (defenders, prospectors, analysers and reactors) and innovation (exploitation, exploration and ambidexterity). We conclude that these conventional approaches can be catalogued as ‘business-as-usual’ environmental strategies and finally present a disruptive alternative called the regenerative strategy.
Social media is not a neutral channel. How visible information posted online is depends on many factors such as the network structure, the emotional volatility of the content, and the design of the social media platform. In this paper, we use formal methods to study the visibility of agents and information in a social network, as well as how vulnerable the network is to exploitation. We introduce a modal logic to reason about a social network of agents that can follow each other, post, and share information. We show that by imposing some simple rules on the system, a potentially malicious agent can take advantage of the network construction to post an unpopular opinion that may reach many agents. The network is presented both in static and dynamic forms. We prove completeness, expressivity, and model checking problem complexity results for the corresponding logical systems.
A pivotal point in time has been reached in the ongoing negotiations under the auspices of the International Seabed Authority (ISA) towards the adoption of regulations for the commercial exploitation of mineral resources in the deep seabed beyond national jurisdiction. The ISA has a mandate to ensure that activities in the Area, legally designated as ‘common heritage of humankind’, are carried out for the benefit of humankind as a whole. Yet, there is a growing sense of unease with the potential imminence of the commercial exploitation phase, and concern that the implementation of all components of the common heritage principle, including its environmental and distributive ambitions, will be compromised in the interest of a handful of industry stakeholders. This article dives under the surface of these tensions by asking how the public interest in a global commons can become constructed in a way that conflates diverse and opposing interests in favour of value extraction by the private sector, revealing the ambivalent role of international law in the process. It uses the concept of ‘false necessity’ to question the apparent urgency and inevitability of commercial exploitation, more specifically to the extent it obscures and pre-empts more inclusive conceptions of ‘benefit’ for humankind. By shifting the focus from the much-debated risks of deep seabed mining to the notion of benefit, the article illuminates the inherent contradictions and distributional asymmetries obscured by the conflated yet purportedly universal conception of public interest in exploitation.
As scholars and activists seek to define and promote greater corporate political responsibility (CPR), they will benefit from understanding practitioner perspectives and how executives are responding to rising scrutiny of their political influences, reputational risk and pressure from employees, customers and investors to get involved in civic, political, and societal issues. This chapter draws on firsthand conversations with practitioners, including executives in government affairs; sustainability; senior leadership; and diversity, equity and inclusion, during the launch of a university-based CPR initiative. I summarize practitioner motivations, interests, barriers and challenges related to engaging in conversations about CPR, as well as committing or acting to improve CPR. Following the summary, I present implications for further research and several possible paths forward, including leveraging practitioners’ value on accountability, sustaining external calls for transparency, strengthening awareness of systems, and reframing CPR as part of a larger dialogue around society’s “social contract.”
Advanced age affected the performance of mastery, and some slavers saw the declining fortunes of another as providing them with the opportunity to rise at their expense. Concerns with – and contests over – the authority of aged enslavers did not end at their death. Wealth generated by slaveholding needed to be passed on, and the quest for profit and status that animated southern enslavers saw ferocious disputes erupt over the transferal of property between generations. Contests over wills and inheritance help reveal the complex and contested relations between enslavers, intergenerational tension in the American South, and shifting social hierarchies shaped by the passage of time. Antebellum enslavers prized the presumption of authority and craved respect from family, kin, and community. And yet, in legal challenges to wills, deeds, and bills of sale recorded posthumously, antebellum southerners revealed the disregard they held for aged enslavers’ claims of dominion, and their willingness to trash the reputation of fellow “masters” both before and after death.
In this chapter, we explore this possibility when it comes to the three most known exploitative work forms slavery, serfdom and wage labour. It turns out that they all have an attached ideology, explaining why respective way of organising work is the only morally good and therefore meaningful one. Each work form is portrayed as the single one being beneficial to all involved and thereby meaningful to all. Slavery is good for slave owners as well as slaves, serfdom for feudal lords as well as serfs, wage labour for capitalists as well as wage labourers. Each ideology also says that all other work forms are morally reprehensible and therefore meaningless. The aim of the chapter is to illustrate that the theorisation of the concept of work in the way we suggest opens up the possibility of comparative studies of the meaning of different work forms.
This chapter shows how enslavers were adept at assessing the temporal rhythms of the life cycle and adapting to the demands of embodied time in shaping their workforce. It shows how this flexibility stemmed from economic self-interest and a desire for dominance, and the severe cost of this for enslaved elders and the wider Black community. It first shows the types of jobs expected of elderly workers, and perceptions of managing a transition away from more active labors, before emphasizing how proslavery claims of a leisurely “retirement” for elders were rejected by the enslaved themselves. Enslaved elders could neither refuse nor deny the power of their enslavers to force them to continue their labors. Work, even if reduced, still had to be done upon pain of punishment, and enslaved people understood that the desire for profit that drove antebellum enslavers was enormously harmful to Black elders. As Lewis Clarke acidly recorded, “they hunt and drive them as long as there is any life in them.”