SONG, PERFORMANCE AND AUTHORSHIP: THE CASE OF FLAMENCO IN SPAIN

This article aims to explain the dilemma between the importance of performer contributions to the song and the legal treatment that they receive in the market. It applies to the case of flamenco in Spain. We have designed a methodology based on three approaches: interviews with experts, in order to clarify the creation process of the flamenco song; a study of Comparative Law to determine the legal status of the performer; and finally, surveys to measure the valuation of the contributions from the performer to the song. The conclusions show that the contributions of the performer are essential to the flamenco song as it represents its creative labour; however it is not protected by copyright.