The Protection of Performers Under U.S. Law in Comparative Perspective

IP Theory: Vol. 5: Iss. 1, Article 8, 2015

19 Pages Posted: 9 Dec 2015

See all articles by Daniel J. Gervais

Daniel J. Gervais

Vanderbilt University - Law School

Date Written: May 8, 2015

Abstract

The Garcia v Google case raised fundamental questions about US law as it applies to performed works. This Essay uses a comparative lens to shed some hopefully useful light on the debate. The Essay proceeds essentially in two parts. First, the Essay explores and critiques the international protection of performers’ rights using both history and policy as focal points. The following part describes the protection of performers and other owners of “related rights” in US law and explains the differences that adopting a related rights regime would bring about in the United States.

Keywords: Performers, audiovisual, actors, copyright, free-standing contribution, related right, neighboring right

JEL Classification: K30, L82

Suggested Citation

Gervais, Daniel J., The Protection of Performers Under U.S. Law in Comparative Perspective (May 8, 2015). IP Theory: Vol. 5: Iss. 1, Article 8, 2015. Available at SSRN: https://ssrn.com/abstract=2700919

Daniel J. Gervais (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615 322 2615 (Phone)

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