Does copyright understand intangible heritage? The case of flamenco in Spain

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.

KEYWORDS:

• Intangible heritage
• perceived value
• copyright
• performer
• flamenco

Disclosure statement

No potential conflict of interest was reported by the authors.

Notes

1. This article uses perceived value as an approximation of cultural value (Heredia-Carroza, Palma, and Aguado 2021). It follows Anderson (1993, 2) who defends: ‘to value something is to have a complex of positive attitudes towards it, governed by distinct standards for perception, emotion, deliberation, desire, and conduct’. When it comes to appraising perceptions, it generates a sense of a valuation. As acknowledged by Klamer (2003, 10) ‘while valuing something can be a spontaneous process, evaluation involves the conscious reflection on the reasons for a valuation’.

2. Flamenco was included in the UNESCO Representative List of Intangible Cultural Heritage of Humanity in 2010.

3. Spectator is understood as the person influenced by their inclinations and willing to invest valuable possessions (time and financial resources) in their participation in live performances and/or recordings (Werck and Heyndels 2007; Heredia-Carroza, Palma Martos, and Marín . 2020).

4. Expert implies the person who through training and collected experience (Holbrook 1999) whether by studying or practising their occupation has a high level of artistic acquaintance (Bourdieu 1984). Therefore, for the aim of this research, the experts are 59 cultural managers and 51 critics (Hillman and Chartrand 2010; Heredia-Carroza, Palma Martos, and Aguado 2021). Cultural managers arbitrate the options of presentations at live performances, they are mediators between performers and final spectators; analysts make valuations of the performers with their appreciations in the mass media, festivals, and award celebrations.

5. Publishers request a cachet percentage, in some cases up to 30%, thanks to the progression of music sales.

6. The information gathered on the Libro Blanco de la Cultura (2016, 90) came from an ADAMI (member of Association of European Performers’ Organizations) graphic, whose calculations used the annual number of the Syndicat National de l’edition Phonographique (SNEP); together with the analysis of 600 artist agreements that were released by the Marché International du Disque et de l’Edition Musicale (MIDEM) at a particular time of the ‘Lescure’ mandate, participating with SB Consulting studio.

7. It is a long-standing popular music style whose regional origins are connected to customs and traditions reflected in the cultural heritage of Andalusia, Spain (Cruces 2001; Aoyama 2009; Manuel 2010). It involves different fields of study: it starts from vocal music – cante – but merges most commonly together with instrumental music – toque – and dance – baile – (Infante 1980; Palma et al. 2017).

8. Heredia-Carroza (2019) developed a measurement scale based on his empirical research, where qualitative and quantitative tools were combined: interviews with experts and surveys with spectators, in that order. Thanks to the former, the aspects that build the performer’s perceived value were recognised; the former enabled spectators to consider the given aspects. Finally, this research recognises two factors that summarise the components that affect the distinguishing talent of the flamenco performer: virtuosity and feelings, because of the correlation analysis between the performer’s contribution and an explanatory factor analysis by principal components.

9. The list of the experts interviewed, and their distinctive characteristics, will be provided on request from the authors.

10. The structural elements were recognised following the work by Rosón (2010): harmony, rhythm, lyrics, and melody. Moreover, the experts interviewed – who pointed out the creative contribution of the performer stating the factors reflected in the article as distinguishing talent – endorsed them.

11. The palo is each of the historical variances of flamenco such as the bulerías, alegrías, fandangos or tangos, among others. These varieties are differentiated by their special rhythmic metrics – compás – a delimited harmony for the background-music (played with instruments) and specific topics associated therewith, for example, sadness, happiness, love, and so on (Heredia-Carroza, Palma Martos, and Aguado 2021).

12. Royal Legislative Decree 1/1996 of 12 April 1996 legislated the consolidated restated text of the 1996 Spanish Copyright Act, lending order, clarity, and harmony to the statutory framework on the subject under discussion.

13. Public domain relates to the intellectual property that is not granted exclusivity in its access and use.

14. Flama. La Guía del flamenco is a page on internet for related information, ticket sales, scheduled performances and news about flamenco, from Spain and France published every month since January 2006. The Centro Andaluz de Documentación del Flamenco is an institution set up in 1987, and is part of the Consejería de Cultura of the Junta de Andalucía in 1993. It is dedicated to the regeneration, protection, study and dissemination of flamenco; promocionmusical.es is one of the most distinguished domains for music business written in Spanish.

15. Full surveying tools will be provided on request from the authors.

16. The correlations between the explained variables will be provided on request from the authors. These relationships are statistically significant at 99%.

Additional information

Funding

The first author (J.H.C.) discloses receipt of financial support for the research, authorship, and/or publication of this article. The authors acknowledge financial support from Ayudas para la Recualificación del Sistema Universitario Español en su Modalidad Margarita Salas granted by the Spanish Ministry of Universities through the Resolución de 29 de noviembre de 2021 de Universidad de Sevilla, financed by the European Union-NextGenerationEU.

Notes on contributors

Jesús Heredia-Carroza

Jesús Heredia-Carroza, PhD., investigates and manages in the cultural economics & leisure and tourism sectors. Nowadays, he is Posdoctoral Researcher of Universidad de Sevilla through the competitive: “Ayudas para la Recualificación del Sistema Universitario Español en su Modalidad Margarita Salas granted by the Spanish Ministry of Universities through the Resolución de 29 de noviembre de 2021 de Universidad de Sevilla, financed by the European Union-NextGenerationEU. He is co-founder of the Workshop on Popular Culture Economics and Management, Director of the Social Theory, Politics and, the Arts Conference and, Vicepresident of Fundación Pública de Estudios Universitarios “Francisco Maldonado” de Osuna. He has published in prestigious journals on cultural participation, copyright and appreciation of intangible cultural heritage.

Luis Palma

Luis Palma, PhD. has researched or taught at 20 foreign universities such as: Northwestern University, Goettingen, Poitiers, Firenze, Jagellonian or Iasi. He is currently Chairman of Competition Policy at the University of Seville. His essays have appeared in the Journal of Cultural Economics, International Journal of Arts Management or European Management Review. He has led cultural projects such as: Estudio de impacto económico de las fiestas de primavera en la ciudad de Sevilla or Estudio de demanda y plan de gestión del proyecto Santa Clara: los espíritus de Sevilla.

Luis F. Aguado

Luis F. Aguado, PhD. is cofounder of the Workshop on Popular Culture Economics and Management. Chair of the Department of Economics at the Pontificia Universidad Javeriana, Cali. His essays have appeared in the Journal of Cultural Economics, Journal of Economics, Finance and Administrative Science or Economics and Business Letters. He has also led the cultural project entitled Determinants of cultural participation in Colombia.