Flamenco and copyright. The case of camarÓn de la isla

Abstract

This article, through conceptual elements of Comparative Law (originality) and Cultural Economics (cultural value), analyzes the gap between the performer’s contribution to the flamenco work and the protection he/she obtains. We designed a methodology based on interviews with flamenco personalities and surveys of flamenco market agents. By means of 15 interviews, the structure of the flamenco musical work and its creation process were determined and 690 surveys enabled us to obtain an approximation to the cultural valuation of the contribution of the three elements that constitute the flamenco work: palo (cultural heritage), author and performer. For the 25th anniversary of his death, we present a representative case focusing on Camarón de la Isla. The article contributes to analyzing the value of the performer as a key element of the flamenco musical work and, therefore, supports the claim for his/her protection by copyright.