You can’t copyright performances because they don’t have a fixed form. Of course you could try recording the performance in Labanotation to have a score to claim performances are a derivative of, but that would be silly.
As with many other kinds of creativity that doesn’t stop people trying to act as if there was some inalienable, unquestionable right that the fairies give you for your genius:
Pity the avant garde performance artist! Marina Abramovic has carved a star into her stomach, fasted for ten days while living on a shelf in a Chelsea art gallery, and stood mute in an Italian gallery while random visitors were invited to do anything to her body with knives, scissors and needles. Very edgy, very calculated to shock. But the ultimate taboo, one that even provocateur Abramovic declined to challenge, was….art as private property.
http://onthecommons.org/node/735
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