The paper shows that copyright is limited as a mechanism for rewarding and protecting creative work.The role of flamenco performers in Spain illustrates this statement.Through conceptual elements of Cultural Economics (cultural value) and Comparative Law (creative substance), we designed a methodology that allows for identification of the key elements (e.g., the creative height, distinguishable variation and novelty) that the interpreter contributes to the cultural value of the work.These elements produce a mark that reflects the creative substance of the performer, and this mark supports the demand for greater protection via copyright.