PROTECTION OF FOLK DANCE PERFORMERS IN UNITED STATES

Abstract

Folk dance performers are crucial in passing on cultural legacy to the following generation. Folk dances have developed into a vital cultural expression, incorporating ethnic and regional elements, creative costume designs, and the use of props to depict the physiology and physical condition of a country's populace. The state grants performers legal rights in order to support them in using their creativity in performances without worrying about it being abused. They get social strength and superior financial advantages from this kind of protection. In light of technological advancements, the copyright law marks a substantial shift in order to grant copyright protection to these creative artists. Under US law, performers and their contributions to audiovisual works are not protected. Generally, audiovisual works are created as labour performed for hire, as specified by the Copyright Act's section 101.Congress in the US has not tried to implement WPPT. This raises doubts about adherence to the Beijing Treaty. Compared to the quick implementation of section 1101 following the TRIPS Agreement, Congress appears uninterested in expanding the scope of performers' rights under federal law, as evidenced by the current delay.

References

1. Section 101 of the Copyright Act, 1976.
2. Mary LaFrance, “Are We Serious About Performers’ Rights?”, Vol.5 issue 1, IP Theory, p:81 (2015)
3. The Visual Artists Rights Act (VARA), codified at 17 U.S.C. Section 106A (2012): RIGHTS OF ATTRIBUTION AND INTEGRITY. —Subject to section 107 and independent of the exclusive rights provided in section 106
4. Jan Wilson, “Special Effects of Union in Hollywood”, vol. 12, Loyola of Los Angeles Entertainment Law Review, p. n. 403 (1992)
5. Dr. Silke von Lewinski, “The Protection of Performers in the Audio-visual Field in Europe and the United States”, Part III: Copyright and Related Rights: Section III(E): The Entertainment Industries: Chapter 96
6. The National Labor Relation Act
7. American Folklife Center, Library of Congress an Illustrated Guide, available at: https://www.loc.gov/folklife/guide/dance.html.