Copyright’s Creative Hierarchy in the Performing Arts
Michael W. Carroll
American University Washington College of Law
June 7, 2012
14 Vand. J. Ent. & Tech. L. 797 (2012)
American University, WCL Research Paper No. 2012-25
Copyright law grants authors certain rights of creative control over their works. This Article argues that these rights of creative control are too strong when applied to the performing arts because they fail to take account of the mutual dependence between writers and performers to fully realize the work in performance. This failure is particularly problematic in cases in which the author of a source work, such as a play or a choreographic work, imposes content-based restrictions on how a third party may render the work in performance. This Article then explores how Congress might craft a statutory license to mitigate this unequal treatment.
Number of Pages in PDF File: 33
Keywords: Copyright law, performing arts
Date posted: June 8, 2012 ; Last revised: June 21, 2012
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