Sharma, S. 2019. A Copyright Incentive for Promoting ‘Aesthetic Sports’ in India. Entertainment and Sports Law Journal, 17: 7, pp. 1–12. DOI: https://doi.org/10.16997/eslj.232 ARTICLE A Copyright Incentive for Promoting ‘Aesthetic Sports’ in India Seemantani Sharma1,2,3 1 University of Technology Sydney, AU 2 The George Washington University Law School, Washington D.C., US 3 Amity Law School, Guru Gobind Singh Indraprastha University, New Delhi, IN
[email protected] This article posits that the Indian ‘aesthetic sports’ industry which exists outside the mainstream competitive sports industry such as cricket, hockey and football is a potential ‘soft power’ which can leverage India’s otherwise dwindling standing in the international sporting arena. This goal is attainable provided these sports incorporate some elements from the Indian performing arts within them. Furthermore, just like other creative works, such sports should be accorded copyright protection provided they fulfil the strictures of the Indian Copyright Act, 1957 (the Act). This will potentially enable such sports to be undertaken as a full time profession and incentivize Indian youth to take up sports such as gymnastics, figure skating and artistic swimming on a regular basis. It should be clarified that by taking the specific case study of aesthetic sports, my intention is not to disregard the importance of other neglected but equally important sports such as hockey, kabaddi and tennis etc. The case of aesthetic sports has been selected due to its soft power potential, the benefits of which should be availed by India. Keywords: copyright law; aesthetic sports; incentive theory of copyright law; Indian sports; performing arts; dance 1.