Is There Any‐Body on Stage? A Legal (Mis)understanding of Performances. (July 2016)

• Record Type: Journal Article
• Authors: Pavis, Mathilde
• Is Part Of: Journal of world intellectual property. Volume 19:Number 3/4(2016)
• Page Start: 99
• Page End: 114
• Publication Date: 2016-07
• Subjects: copyright -- performers' rights -- originality -- embodiment; Intellectual property (International law) -- Periodicals; Copyright, International -- Periodicals; Patents (International law) -- Periodicals; 346.048
• DOI: 10.1111/jwip.12056
• Languages: English
• ISSNs: 1422-2213

Abstract

Abstract : This article investigates the legal narrative which frames the protection of performances. The author uses an interdisciplinary approach to examine the overlap between the narratives describing performers' creativity present in the performing art studies and in the legal jurisprudence. To this end, the analysis questions whether the law has followed similar theoretical evolutions these creative fields experienced. It is argued that a fundamental theoretical gap still separates the two worlds on core issues like creativity, authorship or performance. This article identifies when such a divide occurred and attempts to explain why such split has not yet been bridged by policy‐makers. The artistic practice of Disability Dance is used to highlight the possible causes of lawyers' (mis)understanding of the act of performing but is also presented as an argument for reform.