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Article
Copyright’s Creative Hierarchy in the Performing Arts
Vanderbilt Journal of Entertainment and Technology Law
  • Michael W. Carroll, American University Washington College of Law
Document Type
Article
Publication Date
1-1-2012
Journal

Vanderbilt Journal of Entertainment and Technology Law

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.

Citation Information
Michael W. Carroll. "Copyright’s Creative Hierarchy in the Performing Arts" Vanderbilt Journal of Entertainment and Technology Law Vol. 14 Iss. 2 (2012)
Available at: http://works.bepress.com/michael_carroll/101/