Project description:
Are artists performances protected as copyright?
A performing artist is defined in the preparatory works of the Norwegian Copyright Act (Act of 12 May 1961 No. 2) as: ".... musicians, singers, actors, dancers, conductors, stage dir ectors and others that through their art perform work"
I want to give a general description of performing artists' rights position in Norway, as well as thoroughly discuss certain topics within this area. I want to find out whether the distinction b etween performing artists and copyright holders, who in Norway are placed in different sections of the Norwegian Copyright Act, is principally correct? The reason for making a distinction is, roughly spoken, that copyright holders are creative and perform ers are "only" performing their "work" and therefore are not creative.
I want to find out whether performers also are creative in a legal sence, if the interpretation of a work make the performance a particular, independent version of the original, and therefore also qualify for copyright? Is such an interpretation based on a performers own intellectual creativity, which are the main conditions that qualify for copyright? If so, why is there a legal distinction between performers and copyrightholders i n tha Norwegian Copyright Act? And do other countries view these questions in the same way?