From Creativity to Rights: Constructing a Theoretical Argument for Stronger Performers' Rights in Copyright Law

Bansal, Karnika (2024) From Creativity to Rights: Constructing a Theoretical Argument for Stronger Performers' Rights in Copyright Law. In: [Presented at the 6th IP & Innovation Researchers of Asia (IPIRA) Conference]. From: 6th IP & Innovation Researchers of Asia (IPIRA) Conference, 18-19 January 2024, Hanoi, Viet Nam.

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Performers' rights, often referred to as neighboring rights, play a pivotal role in recognizing the creative contributions of performing artists and ensuring their fair share of economic benefits. The recent actors' strike in the US is a case in point. Statements made during the strike highlight the importance of performers' rights, particularly criticizing corporations for prioritizing profit over those essential contributors who keep the industry running. One key concern that has emerged from the strike is the absence of adequate regulations, especially in contracts between actors and studios. Moreover, the advent of artificial intelligence (AI) has introduced new challenges, with many actors, especially background actors, concerned about their 3D scans being manipulated by AI to replace them in scenes. The actors' strike brings performers' rights to the forefront, despite this being a developing issue for over a century. While the origins of these strikes may be rooted in the US, their impact extends beyond borders due to the widespread reach of technology. Given the constantly evolving nature of technology, this paper explores whether the more substantial threat lies in the inadequate protection of performing artists under copyright law, thus leaving them vulnerable to exploitation by corporations and technological advancements.

Item ID: 82187
Item Type: Conference Item (Presentation)
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Date Deposited: 20 Mar 2024 01:31
FoR Codes: 48 LAW AND LEGAL STUDIES > 4806 Private law and civil obligations > 480603 Intellectual property law @ 100%
SEO Codes: 28 EXPANDING KNOWLEDGE > 2801 Expanding knowledge > 280117 Expanding knowledge in law and legal studies @ 100%
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