Copyright’s Creative Hierarchy in the Performing Arts

Copyright’s Creative Hierarchy in the Performing Arts

Michael W. Carroll · 14 Vand. J. Ent. & Tech. L. 797

Abstract

Copyright law grants authors certain rights of creative control over their works. This Article argues that these right 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.