Why Does Copyright Ignore Performers? The Case of Flamenco in Spain

Abstract

This article analyzes the gap between the perceived value of the performer's contributions to the musical work and the treatment that it receives in the market. It applies to the case of flamenco in Spain. The proposed methodology is based on three approaches: a study of intellectual property laws; interviews with experts to differentiate among creative and humdrum agents; and finally, double system surveys to determine the perceived valuation of the contributions of such agents. The conclusions show how the flamenco performer develops a creative labor; however, it is not protected by copyright or via royalties, commensurate with its importance.

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