This chapter crosses the bridge from music industry practice to the analysis of the legal regimes deemed most relevant in securing a fair(er) balance in music contracts in the streaming age. Particular focus lies with the effect of the law on contracts entered into between musicians and record companies and/or music publishers as to individually managed exclusive rights. First, the chapter analyses the role of the legal framework in achieving this book’s policy objective of moving towards a fair(er) balance in the streaming age, fleshing out both the substantive and procedural dimensions of what may be perceived as ‘fair’ in this particular context. It then goes on to provide a typology of the relevant legal regimes, categorising these limitations to parties’ freedom of contract in terms of substantive, geographical and temporal scope and analysing the interplay between them. Finally, the chapter sets out to establish the appropriate level(s) and method(s) of further potential policy initiatives aimed at contributing to the elusive fair balance that this book advocates.

This chapter is divided into two sections. The first provides a summary of the conclusions relating to the substantive scope of freezing injunctions. It proposes a number of changes to the preconditions for obtaining a freezing injunction in order to improve certainty and create a level playing field in litigation. The need to establish a good arguable case on the merits is considered, taking into account some positive developments in this area. The case law on the real risk of dissipation of assets is the main focus of criticism. The second section of the chapter contains some thematic comments on the international scope of freezing injunctions and explains the need for a more restrictive approach in future cases.