Understanding Intellectual Property on Choreography and Dance

Most creators and performers recognize the importance of protecting their intellectual property, especially in fields like music, literature, and visual arts. However, when it comes to choreography and dance, the legal landscape is often shrouded in ambiguity. This article explores the nuances of copyright and intellectual property rights in the realm of choreography and the practical implications they have on artists like Beyoncé and ice dancers Torvill and Dean.

Legal and Theoretical Aspects of Choreography Copyright

According to the United States Copyright Office, a choreography can indeed be copyrighted if it is documented and recorded. The copyright typically lasts for 70 years after the death of the creator, ensuring a robust legal framework for protecting a unique dance piece. However, in practice, the enforcement and interpretation of these laws often pose challenges.

Real-World Examples of Choreography Influence and Copyright Laws

Music megastar Beyoncé has frequently referenced established choreographers in her work, notably Anne Teresa De Keersmaker and Alexander Ekman. In 2016, Ekman's well-known dance works were used as the basis for a Beyoncé video. In reality, the copyright system does not penalize this practice, emphasizing the limitations of current legal frameworks. Even legendary ice dancers Torvill and Dean have been influenced by choreographers such as Christopher Bruce; their 1987 performance drew inspiration from Bruce's ballet Ghost Dances, without referencing the original.

While the copyright laws are clear in their intent, the practical application often overlooks the origins of inspiration. This raises questions about the ethical responsibility of artists to acknowledge their sources and the need for a more transparent copyright system.

Understanding the Scope of Copyright for Choreography

Copyright law does not allow for the exclusive right to the elements of creativity. You cannot protect a specific dance move or a unique characteristic of a move. There are only a finite number of moves the human body can make, and reserving a specific move as exclusive to one performer would be akin to reserving a specific word in a language.

The core of copyright protection lies in the combination of elements fixed into some form of lasting media. Thus, a written choreography or a video recording of the dance can be copyrighted. However, the individual dance moves themselves, which are a product of limited human movement, cannot be copyrighted.

Practical Implications and Challenges

While it's possible to register and own the copyright on a choreography as a whole, the challenge lies in protecting the creativity behind it without stifling the natural influx of inspiration and innovation. Choreographers deserve recognition for their work, but the current copyright framework is not always sufficient.

Ethical and Legal Obligations of Choreographers and Performers

Given the existing legal gaps, artists have a moral and ethical obligation to recognize and credit the influence of other choreographers. This not only fosters a culture of respect and acknowledgment but also enriches the art form by building on the legacies of those who came before.

By referencing sources and acknowledging inspirations, artists can contribute to a more transparent and respectful industry. The principles of copyright protection should be employed to support the creativity of all performers while ensuring that the foundations of the art form are preserved and honored.

Conclusion

The intersection of intellectual property, copyright, and dance showcases the complex and sometimes murky legal landscape of creative arts. While a choreography can be protected through proper documentation, the practical enforcement and ethical responsibilities go beyond the legal frameworks. By understanding these nuances, artists can navigate the challenges and contribute to the evolution of dance as a respected and protected art form.