Journal Article

Choreographers' moral right of integrity

Francis Yeoh

in Journal of Intellectual Property Law & Practice

Volume 8, issue 1, pages 43-58
Published in print January 2013 | ISSN: 1747-1532
Published online January 2013 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jps184
Choreographers' moral right of integrity

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Francis Yeoh's doctoral thesis is ‘Copyright law does not adequately accommodate the art form of dance’.

In this digitised era of rapid and widespread dissemination choreographers are constantly reminded not only of the increased exposure of their creative intellect but perhaps more significantly of maintaining the integrity of the presentations of their works. Moral rights are therefore becoming increasingly important to choreographers; particularly the right to integrity, as their dance works are now being disseminated globally in digital infrastructures in the information highway.

These developments pose greater problems as the enforced relationships with producers/distributors will impose serious challenges to the choreographer's moral rights, particularly as they are in an unequal bargaining position. Therefore the law is a useful tool to secure protection of their moral rights.

However the historical traces of the application of the moral rights doctrine leading up to its formal adoption by the Berne Convention reveal a strong resistance to its adoption from the nations that favour the economic approach to copyright. Further, the paucity of case law on the subject has left authors with inadequate guidance on the UK moral rights legislation and this is particularly the case with dance. These and other relevant issues will be investigated in this article.

Journal Article.  12763 words. 

Subjects: Arbitration ; Intellectual Property Law

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