Copyright Law and Choreography

You did an original choreography and want to protect it.  Can it be copyrighted?  Read along to see.

What is copyright?

Let start by defining what is copyright.  The U.S. Copyright Office defines copyright as: “a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression.” The Copyright Act, the “Act”, provides in section 102(a)(4) for copyright protection in “pantomimes and choreographic works” created after January 1, 1978, and fixed in some tangible medium of expression.

What is choreography?

So… how does the Act defines choreography? “Choreography is the composition and arrangement of a related series of dance movements and patterns organized into a coherent whole.” Some common elements included in a choreography are:

1.      Rhythmic movements of one or more dancers’ bodies in a defined sequence and a defined spatial environment, such as a stage;

2.      A series of dance movements or patterns organized into an integrated, coherent, and expressive compositional whole;

3.      A story, theme, or abstract composition conveyed through movement;

4.      A presentation before an audience;

5.      A performance by skilled individuals; and

6.      Musical or textual accompaniment.

WARNING!!!

Careful. Not all categories of dance fall within the subject matter protected under the Act even though they may be unique.  Some movements or dances that are not copyrightable are:

1.      Individual movements or dance steps by themselves;

2.      short dance routines consisting of only a few movements or steps with minor linear or spatial variations;

3.      social dance steps and simple routines; and

4.      dances, routines, or other organized forms of movement intended to be performed by animals, machines, or other animate or inanimate objects, among others.

Now, what does it means to be fixed?

The U.S. Copyright Office has said that: to qualify for registration, a choreographic work must be fixed in a tangible medium of expression in such a way that reveals the movements in sufficient detail to permit the work to be performed in a consistent and uniform manner. Some acceptable formats of fixation for choreographic works and pantomimes include:

1.      Dance notation such as Labanotation and Benesh Dance Notation;

2.      Video recordings of a performance; and/or

3.      Textual descriptions, photographs, or drawings.

Lastly, what legal protection does the U.S. copyright law provide me if I copyright my choreography?

The U.S. copyright law provides copyright owners with the following exclusive rights:

1.      Reproduce the work in copies or phonorecords;

2. prepare derivative works based upon the work;

3. distribute copies or phonorecords of the work to the public by sale or other transfer of ownership or by rental, lease, or lending;

4. perform the work publicly if it is a literary, musical, dramatic, or choreographic work; a pantomime; or a motion picture or other audiovisual work;

5. display the work publicly if it is a literary, musical, dramatic, or choreographic work; a pantomime; or a pictorial, graphic, or sculptural work. This right also applies to the individual images of a motion picture or other audiovisual work; and

6. perform the work publicly by means of a digital audio transmission if the work is a sound recording.

Ready to copyright your choreography?  Still have questions? Read more of copyright law on my blogs or contact me for help.  In legal matters it is always best to consult a professional.  It will save you time and money.

“I get into the studio and I try to make visible what’s in the choreographer’s mind. Sometimes a choreographer wants you to have an idea, and sometimes you are the idea.” – Angel Corella, The Ballet Book