In-Visible Difference: Dance, Disability and Law

This Project sets out to extend current thinking about the making, status, ownership and value of work by performance artists in the 21st century. It will do so by focusing on one art form; dance, and specifically dance made and performed by disabled dance artists. By considering different theoretical and practical perceptions of creation, interpretation and authorship, and different perspectives on the role of law in relation to creative practice, the Project will investigate how existing theoretical and legal frameworks might help or hinder the participation of disabled dance artists in mainstream performance. We will align that enquiry within models of disability articulated by disabled people and by the law; and we will draw on empirical observation of the construction of dance as developed by choreographers and dancers and map that on to the legal framework. In so doing, the Project will both uncover and discover new ways of thinking about how dance made and performed by disabled dance artists contributes to our cultural life, and it will seek to lay the foundations for a new theoretical framework for transforming the legal landscape. The Project will thus have much wider application and impact, by identifying new models for recognising intellectual property and what the implications might be for those working within the cultural and legal communities, within and beyond the Academy.

Disabled dance has been chosen as a case study because dancers with disabilities confront particular challenges. Despite many within the professional dance community supporting the removal of labels such as 'inclusive', which categorise disabled performers as 'other', there is still a long way to go before disabled artists are fully integrated within mainstream performance. Adding to their relative invisibility is a dearth of robust models for identifying authorship and ownership of dance's intellectual property. The Project will critically evaluate relevant regulatory frameworks, including copyright, the legal/medical framework for disability and human rights within the UK, the European Union, and internationally. It will assess the extent to which these frameworks are complementary and/or conflictory, rhetorical or practical, and the degree to which they encourage creativity and its dissemination.

The Project will bring together researchers from two different disciplines - dance and law - and draws on concepts and methods from the arts and social sciences. We will conduct our research in collaboration with dance artists, both disabled and non-disabled, and with arts professionals and policymakers, to discover how artists view their role in the creative process in relation to others, and their experience of embodiment and bodily habitus. We will then disseminate the research via scholarly publications, policy papers and via a series of public events, some in conjunction with performances, to establish positive dialogues with and between stakeholders, including dance artists, educators and policymakers. A core component in the Project is therefore the knowledge exchange between researchers and practitioners and the distribution of knowledge across different discipline areas. This will raise awareness of the particular challenges and opportunities faced by disabled people and strengthen the case for change (where necessary) in working practices and the legal frameworks that underpin the artists' work. Above all the Project will seek to empower disabled dance artists and strengthen their place in our cultural milieu.

The Project will have a number of impacts beyond the Academy:
The third sector: Dance companies, independent dance artists, and other arts practitioners with and without disabilities will be the principal beneficiaries of this research. The direct involvement in the dissemination activities of artists and those who work with artists (producers, company managers, programmers, arts funders, rehearsal directors etc) will encourage them to contribute to the debate and share their experiences of making and performing work. The research team already has close links with many within the dance sector; these contacts will be built on to ensure that artists are able to connect with the project through the Project website, blog and Facebook site, and are supported to attend public events. In addition, the participation in the Project of the disabled dance artists will foster better understanding of their work by the academic community as well as by funders, policy makers and the research community in general. By offering artists a clearer understanding of IPR, the Project may have longer-term economic benefits for artists, enabling dance makers and performers to register and exploit their work. The Project will thus give increased visibility to dance as an artform and increased understanding of how dances are choreographed, and the different ways in which dancers contribute to the making and performing of work.

Others who will benefit include the National Dance Agencies and organisations such as the Foundation for Community Dance who act as advocates for the community dance sector and have a special focus on dance and disabled people through their Potential strategic programme. The Project will invite Ken Bartlett, Creative Director of the Foundation, to be involved in public events and will ensure that the work of the Project is disseminated through the Foundation's networks. Although the focus of the work will be on the UK context it is likely to be of great interest to the dance and disability networks in Europe, particularly Scandinavia, North America (VSA) and South America, with whom the team have direct contacts.

Policy makers and policy processes: The research will be disseminated to policy makers via the PI, CI, researchers and the Advisory Group. Both the PI and CI have extensive links with policy makers at local and International level as do the other members of the research team. These existing links will be used to feed into the policy process. The Advisory Group will be selected in part for their links to relevant organisations and individuals and to advise on pathways to engage with policy makers during the currency of the project.

A multi-stakeholder hub: The capacity that will be built via the Research Assistants and PhD studentships, together with the links forged with stakeholders through the research forum during the Project will form a lasting focal point for dialogue concerning the place of disabled dance within the local and international community. It will have the capability to link in a sustained way the many different interests in the area of disabled dance. At a time of significant changes and developments within the professional arts sector, the legal frameworks that govern IP including copyright, as well as the arts and humanities research community, the Project will build productive relationships with those outside the academic sector to ensure that the research can have a lasting impact on those who are directly involved in the creative and cultural industries.

Links with the newly formed creative hubs: Additionally, the Project will identify where there can be useful links with non-HE partners who are participating in the newly formed AHRC KE Creative Hubs, and in the future RCUK-funded centre for Copyright and New Business Models in the Digital Age, to identify where knowledge can be pooled and to maximise the impact of the research.