Seventeenth International Conference on the Arts in Society

Abstract

Dance is embodied, ethereal and ephemeral…after it is performed it is gone forever. But is it really? As performers, we put our hearts and souls into the performance. As audience members, we have viewed it, experienced it and have memories of it. The question that bears asking is this: Is a repeat of a dance performance the same as an original performance? My question really is whose dance is it anyway, the dancers, the choreographer or the dance company. Who will have rights of assertion for the dance performance? Whose intellectual property is it really. The law is not very specific about the rights of assertion. The law is different in different countries. Despite most Western Countries ( US, and the British Commonwealth) having their roots in Common Law and Equity, their development and application is different when applied to Intellectual property in the performing arts. I consider the different approaches (and interpretations) adopted by the US, Canada, UK and Australia. I conclude by asking the question, who has rights to damages for infringement, and is it economically worthwhile to do so….by looking at the costs and benefits of asserting your right of ownership of a dance.