Copyright’s Creative Hierarchy in the Performing Arts

14 Vand. J. Ent. & Tech. L. 797 (2012)

American University, WCL Research Paper No. 2012-25

33 Pages Posted: 8 Jun 2012 Last revised: 21 Jun 2012

Michael W. Carroll

American University Washington College of Law

Date Written: June 7, 2012

Abstract

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.

Keywords: Copyright law, performing arts

Suggested Citation

Carroll, Michael W., Copyright’s Creative Hierarchy in the Performing Arts (June 7, 2012). 14 Vand. J. Ent. & Tech. L. 797 (2012); American University, WCL Research Paper No. 2012-25. Available at SSRN: https://ssrn.com/abstract=2079531

Michael W. Carroll (Contact Author)

American University Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States
202-274-4047 (Phone)
202-730-4756 (Fax)

HOME PAGE: http://www.wcl.american.edu/faculty/mcarroll/

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