Addressing gender disparities in creative sectors using incentive frameworks under copyright law

Abstract

Female underrepresentation has been a persistent issue in the creative sector, where contributions by women are consistently under-recognised and neglected. The entertainment industry, in particular, has grappled with this issue, as is discernible from the systemic barriers that perpetuate gender disparities by limiting female professional participation and creative recognition. Copyright law plays a key role in this industry, as it provides a framework for protecting creative works, thereby influencing professional opportunities and recognition of creators. Given the lack of female representation in copyright-associated industries, this study explores the potential of modifying copyright law’s incentive framework to improve gender equality in creative sectors. The study reviews relevant data, and gender dimensions of the Patent (Amendment) Rules, 2019 to determine whether the insights from these can be applied to copyright law. The study explores methods to adapt copyright incentives to increase female participation and facilitate gender diversity across creative fields.