Navigating the Idea-Expression Dichotomy: Protecting Performers’ Rights in Classical Dance

ABSTRACT

Classical dance is deeply rooted in cultural heritage and faces unique legal hurdles due to its ephemeral and communal nature. This paper explores the intersection of intellectual property (IP) law and classical dance, focusing on the challenges of protecting performers’ rights within the framework of the idea-expression dichotomy. The study examines international treaties such as the WIPO Performances and Phonograms Treaty (WPPT) and the Berne Convention, alongside domestic laws in India, the U.S., and other jurisdictions, highlighting gaps in protecting live and traditional performances. It also investigates the role of technology, including blockchain and digital watermarking, in safeguarding dance performances and proposes legal reforms, such as sui generis systems and expanded moral rights, to address these challenges. By advocating for a balanced approach that respects cultural preservation while ensuring performers’ rights, this paper offers actionable recommendations for creating a more inclusive and effective legal framework for classical dance.