Why Can’t Dance Be Copyrighted: The Legal Rationale and Ethical Considerations

A dance can be considered a copyrightable work only when it is a coherent whole, rather than a series of individual moves. This article delves into why singular dance moves do not qualify for copyright protection, but choreographed routines can be copyrighted under specific conditions. Moreover, it discusses the challenges and ethical considerations associated with attempting to copyright dance moves.

The Importance of Coherence in Copyrightable Dances

A coherent dance routine, which is a choreographed sequence of movements, can be copyrighted. However, individual moves stand alone and lack the necessary coherence required for copyright protection. According to legal principles, merely marking a dance move fixed in a tangible medium of expression (like a video) does not suffice; the fixation must be in a form that complements the overall expressiveness and creativity of the routine.

The Role of "Fixing" in Copyright

The concept of "fixing" is pivotal in determining whether a work can be copyrighted. According to copyright law, a work must be fixed in a tangible medium of expression to be eligible for copyright protection. This means that if a choreographed dance routine is recorded in a video or a recognized notational system, it can be copyrighted. However, a single, isolated dance move itself does not meet this requirement.

Legal Challenges in Copyrighting Dance Moves

The real question lies not in whether dance can be copyrighted, but rather why it shouldn't be. Copyrighting dance moves would lead to significant administrative burdens and potential misattribution. A simple three-minute dance routine could require hundreds of names in the credits. Forgetting just one name could result in the entire dance being deemed copyrighted. Improvisational dances, which are a significant aspect of many dance forms, further complicate this issue. The chance of misattribution and legal disputes is substantial with even a single omission.

Historical and Cultural Inheritance of Dance Moves

Dance has a rich history that predates modern copyright laws. Many dance moves evolved over time and were learned, taught, and performed by communities. While some specific dance techniques and styles bear names (like the "Graham technique"), the actual movements themselves are often too widespread and varied to attribute to a single creator. The arbitrary application of copyright would unduly complicate and overly regulate the creative process, detracting from the fun and innovation that comes with dance.

Conclusion: The Freedom of Dance

In conclusion, the inability to copyright individual dance moves reflects a broader understanding of what constitutes a “creative work.” Dance moves, by their nature, require a collective effort and cultural context. Fixing a dance move to claim copyright would create unnecessary administrative overhead and legal complications. Instead, dance thrives on the freedom to evolve and innovate without the constraints of ownership. As such, it remains an open form of creativity for all, rather than something that can be strictly controlled through legal means.

Pirouettes, pliés, and relevés—these are movements that define dance, beyond the possibility of simple copyright.