Heredia-Carroza, Palma and Aguado (2023)
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Source Details
| Heredia-Carroza, Palma and Aguado (2023) | |
| Title: | Does copyright understand intangible heritage? The case of flamenco in Spain |
| Author(s): | Heredia-Carroza, J., Palma, L., Aguado, L. F. |
| Year: | 2023 |
| Citation: | Heredia-Carroza, J., Palma, L., Aguado, L.F. (2023) Does copyright understand intangible heritage? The case of flamenco in Spain, International Journal of Heritage Studies, 29:6, 598-614. |
| Link(s): | Definitive |
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| About the Data | |
| Data Description: | The first set of data was collected through interviews with 15 flamenco and Spanish music experts that could explain flamenco’s most important characteristics, and the “intervening agents and their contributions”. Second, online surveys were completed by Flamenco spectators and experts, in order to provide observations and opinions on such explained characteristics and intervening agents. Third, through exploratory factor and structural equation modelling analyses, the authors provided data on the impact of Flamenco’s perceived value. |
| Data Type: | Primary data |
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| Cross Country Study?: | No |
| Comparative Study?: | No |
| Literature review?: | No |
| Government or policy study?: | No |
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Abstract
“This paper illustrates the gap between the perceived value of performer input in intangible heritage and how it is considered in the market, drawing on a large sample of flamenco in Spain. The method used is constructed from four different components: an analysis of the intellectual property legal framework to determine the scope of copyright and neighbouring rights, interviews with experts to explain in detail the flamenco work creation process, double system surveys to determine the perceived evaluation of its agents and contributions, and finally – through a multidimensional structural equations model – flamenco work’s perceived value-scale is validated through three dimensions: composition elements, feelings, and virtuosity. The results show how the perceived value of flamenco production critically depends on the externalisation accomplished by the performer through virtuosity. Nevertheless, copyright or royalties by no means ensure a level of protection that aligns with the key creative role of flamenco performers”.
Main Results of the Study
The authors show in an empirical way that copyright regulations do not protect the value that creative agents perceive when working with a certain art. In particular, with regard to an intangible heritage such as Flamenco, it would be important to take into consideration the audience perception, since this dance, identified as a shared practice, entails active listening, sense of community and history. This was rendered pretty clear thanks to the use of structural equation models that demonstrate how the virtuosity aspect, which is identified as an externality produced by the performer, “is the essential distinguishable element in flamenco work’s value”.
Policy Implications as Stated By Author
Although authors do not explicitly address policy implications, there is the underlining idea according to which the externalisation that the Flamenco performer accomplishes should be protected by copyright or through royalties system to reflect such important value.
Coverage of Study
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