Understanding Intellectual Property Rights in Dance

In the diverse and creative world of dance, the relationship between intellectual property rights and individual dance steps is an intriguing topic. While choreography is protected under copyright law, individual dance steps typically do not enjoy the same level of legal protection. This article explores the nuances of intellectual property rights in dance, drawing on real-world examples and legal battles.

The Significance of Choreography in Dance

Choreography in dance refers to the art of organizing a performance, creating an artistic expression capable of communicating a particular emotion or idea. A choreography is a sequence of dance moves dance steps that, when arranged together, form a complete performance. These performances can be recorded or documented, allowing for their preservation and sharing.

Where Do Intellectual Property Rights Stand?

While choreography is protected by copyright law, individual dance steps do not have the same level of legal protection. To establish intellectual property rights, choreography must be original and novel, designed by the creator as a unique artistic expression. This distinction often leads to confusion, especially in cases involving digital games and social media platforms.

Legal Battles Over Dance Steps and Emotes

A notable case involving dance steps as emotes in video games is the lawsuit against Fortnite. In this lawsuit, against several characters in Fortnite who used well-known dance moves, the legal landscape was not as clear-cut as one might initially assume. The landmark case, A Real-World Battle Over Dancing Avatars: Did Fortnite Steal the Floss?, highlights the complexities of intellectual property rights in the digital age.

Copyright and Protection for Choreography

Choreography, as a form of performance art, can be protected under copyright law when it is sufficiently original and novel. When choreography is part of a commercial or professional production, such as a dance show or video production, copyright protection is more likely to be applicable. The key factor here is the uniqueness and creativity of the choreography.

Legal Considerations in Dance

Legal disputes in the dance world often arise from the reuse or replication of choreography without permission. While copyright law can provide some protection, the enforcement can be challenging. Courts often consider whether the sequence of dance steps is sufficiently unique or novel to warrant protection. This can lead to contentious cases, especially when the elements used are common within a particular dance style or genre.

The Community Approach to Plagiarism

The dance community is not without mechanisms to address plagiarism. The tight-knit nature of the dance community often leads to self-policing, with dancers and choreographers being well aware of existing works. The likelihood of a choreographer successfully claiming work that is not their own is minimal, as it would be considered a professional embarrassment. However, legal action is always an option, and the consequences can be significant.

Conclusion

The legal landscape surrounding intellectual property rights in dance is complex, with choreography receiving greater protection than individual dance steps. While copyright laws can provide some protection for dance choreography, the enforcement can be inherently challenging. It is essential for dancers and choreographers to understand the legal framework to avoid disputes and ensure their creative works are protected.