Acceptance of performance risks by the performing artist and its impact on civil liability

Abstract

This thesis examines the acceptance of performance risks by a performing artist and its impact on civil liability. The concept of risk acceptance is of paramount importance in the arts today, and there is a scarcity of legal studies that address it in detail. The study aims to clarify the implications of risk acceptance. The importance of our study topic – risk acceptance – lies in determining liability for risks and whether it leads to the negation of the producer's liability if the artist is harmed and is not entitled to claim compensation. While risk acceptance can affect civil liability and may lead to exemption or reduction of liability for the artist, it does not preclude their accountability for breaches of their obligations, particularly in cases of intentional or gross negligence. Furthermore, it impacts compensation and its reduction, as the artist may be completely exempt from liability. We will follow the descriptive analytical approach, whereby we analyze legal texts in light of the Iraqi Civil Code No. 40 of 1951, the Egyptian Civil Code No. 131 of 1948, the Iraqi Copyright Law No. 3 of 1971, the Egyptian Copyright Law No. 82 of 2002, and other laws, for guidance and with the help of jurisprudential opinions and interpretations. The research will be divided into two sections: the first section deals with the civil liability of the producer, and the second section deals with the extent to which accepting risks affects compensation.