Copyright Protection for Choreography

Explanation & History of Choreographic Copyright Laws 

In music videos, concerts, social media, and across many mediums dance and choreography is a huge part of the entertainment industry. When looking at these dance moves and choreography many people do not think about the rights that the creators should have for their intellectual property. 

Most choreography didn’t begin to receive registerable copyright protection in the U.S. until January 1, 1978. Before 1978, creators could register their choreography for copyright protection under the category of dramatic works, meaning it must tell a story, develop a character, or express a theme or emotion to qualify. In 1952, dancer, educator, and choreographer Hanya Holm became the first person to register a copyright for choreography when she registered her choreography for Kiss Me, Kate . The Copyright Act of 1976 (which became effective on 1 January 1, 1978) was the first piece of federal copyright legislation to explicitly protect choreography, specifically including “pantomimes and choreographic works” as a category of copyrightable works of authorship and officially recognizing choreography as a creative work deserving of protection. The Copyright Act of 1976 defined choreography as “dance works created for presentation to an audience”. Categories of dance and movement not protected by copyright 2 under the Act include commonplace movements or gestures, basic dance steps like the waltz, hustle, grapevine, or second position in classical ballet. Copyright protection is also not given to social dances and other uncopyrightable movements intended for public enjoyment, including ballroom dances, folk dances, line dances, square dances, and swing dances. Athletic moves or exercise routines are also not able to get copyright protection under the law. Important legal cases, like Horgan v. Macmillan in 1978, also helped establish dance as something worth protecting under copyright law.

 Introduction to Brittany Perry-Russell 

Brittany Perry-Russell is a native of Texas. She is a dancer, a choreographer, and an actor. She has worked on stage with Beyoncé, Rihanna, and Cardi B, among many others. She became an actress and appeared in films such as "Honey 2" and "The Campaign" and as a guest star on television shows such as "13 Reasons Why" and "Grey's Anatomy." She starred alongside her son Isaiah in the Netflix show, "Family Reunion" and film, "We Can Be Heroes," making it the first real mother-son duo to portray superheroes in a Netflix film.

Introduction to Jill Vasbinder 

Jill Vasbinder is a professional modern dancer and dance teacher with a Master of Fine Arts in Dance/Choreography.  She is continuing her research in dance and culture while directing a regional dance company in the Greater Baltimore area and working in higher education as a dance instructor at UMBC. 

In 2021 she published an article about the controversy of using and monetizing dance content on TikTok. Her article looked back at the history of free live dance performances that weren't paid for. Now, TikTok is at the center of this ongoing debate, especially dancers and choreographers in the Black community who witness their original choreography being widely copied and passed off without any proper credit or compensation. Vasbinder describes this debate, and argues that we should respect the original creators and change the way things work in the entertainment industry.

Short Moves vs. Extended Pieces of Dance 

Copyright laws safeguard original choreography, treating it like other forms of art. This means that any original dance moves, whether brief or extended, could potentially be protected by copyright. But short movements such as individual dance steps or gestures might be harder to 3 protect on their own because they might not meet the standard for originality by themselves. Yet, if a series of short moves are arranged in an inventive and creative manner, they could be eligible for copyright protection as a choreographic work. Longer choreographic pieces, like dance routines or performances, are more likely to qualify for copyright protection because they involve a higher level of creativity, originality, and expression. It's important to note that copyright only applies to the specific expression of an idea, not the idea itself. So, while someone can't directly 4 copy a choreographic work that's protected by copyright, they could still create their own original dance using similar movements or concepts. 

We asked UMBC Dance Instructor Jill Vasbinder about the issues of copyright protection for short dance moves vs long sequences:

Some court cases consider whether the accused party did not commit copyright infringement or that the choreographer does not have substantial work to receive copyright protection based on the length of the choreography and how unique it makes it. In Kyle Hanagami v. Epic Games, the first court ruled that the short segment of dance moves did not deserve copyright protection . The issue of short moves vs. extended pieces is not actually just 5 about the length of the dances and amount of moves but the concern that if a dance piece is shorter it risks diluting its distinctive essence and uniqueness. 

The Difficulty of Copyright Enforcement with Social Media and Viral TikTok Dances

With the rise of social media and short video posting platforms like Triller, Dubsmash, and TikTok, posting simple dance sequences and trends have become popular. As short choreographed dances gain popularity in seconds, choreographers and dancers confront an uphill battle to protect their intellectual property. One particular area where this complexity is evident is in the realm of viral TikTok dances. These dances, often created by users, can spread rapidly across the internet, quickly gaining millions of views and imitations. However, enforcing their choreographic copyrights for such content presents numerous challenges for creators. In many cases, the choreographer of these viral dances does not even get recognition or credit from content creators using the choreographer’s work. Brittany Perry-Russell told us whether she thinks solely acknowledging the creator of a dance is enough or if the choreography creator should receive further compensation: 

The nature of TikTok and social media platforms can blur the lines of ownership and originality. Users can easily remix, reinterpret, and share content with a few taps on their screens. As a result, it can become difficult for creators to prove ownership of their work, especially when multiple versions of the dance choreography exist, each slightly tweaked from the original, even by the smallest movements. Even if gaining copyright protection for TikTok choreography was easily available, the fast-paced nature of social media means that content can go viral within hours, sometimes even minutes. This rapid spread makes it difficult for creators to monitor and enforce their copyrights. By the time they become aware of unauthorized use or copying of their dance, it may have already reached millions of users, making it nearly impossible to control or claim ownership. The popularity of TikTik pages that show current trends and viral videos also aids in the unauthorized spread of creators' work. The collaborative nature of TikTok dances adds another layer of complexity to copyright issues. 

During early 2020, there was a huge TikTok trend of the “Renegade” dance. In a span of days, the dance was all over users’ For You pages. During this time famous TikTok creators also started posting videos doing the dance. Charlie D'Amelio, a famous TikTok creator amongst many other famous creators like David Dobrik, Kourtney Kardashian, and Lizzo, posted videos doing this dance which helped her gain millions of followers and lead to many brand deals and millions of dollars. These creators even went on TV talk shows such as Jimmy Fallon and performed these dances. Charlie D’Amelio was seen as the creator of this dance and she never denied these claims. It was later discovered that the real creator of this dance was 14-year-old Jalaiah Harmon from Atlanta, whom Charlie or others never credited. This event brought to light the issue of TikTok dances and the struggles that choreographers face to protect their dances. In this interview piece by Nightline, ABC News, Jalaiah Harmon shared her frustrations and the uphill battle she faced while trying to get recognition for her dance, and the underlying racial issues it brought to light with many other black TikTok creators facing the same struggles:

Professor Jill Vasbinder discussed the issue of how TikTok has made it more difficult for dancers to get credit for their work and the issues Jalaiah faced:

Racial Disparities in Copyright Protection for Dancers 

Throughout history in the world of dance, there have been large racial disparities when it comes to the rights and protection for choreography created. This issue disproportionately affects black dancers, who often find their creative work exploited without proper acknowledgment or compensation, while their white counterparts enjoy greater legal safeguards against infringement. Historically, black dancers and choreographers have made significant contributions to many dance genres, from jazz to hip-hop, shaping the cultural landscape of dance around the world. Despite their innovative and influential work, many black dancers have faced systemic barriers when seeking copyright protection for their choreography. 

One of the key factors contributing to this disparity is the lack of recognition and respect afforded to black artists within the mainstream dance industry. Black dance styles and movements are frequently appropriated and commercialized by white performers and choreographers without proper credit or compensation. The majority of TikTok dances copied from black dancers by white creators reflect the broader issue of racial disparities in copyright protection as shown by the Renegade dance being stolen by Charlie D’Amelio. Addressing these racial inequities in dance requires recognizing and promoting the voices of black dancers. Platforms like TikTok should take proactive initiatives to promote diversity and inclusion, ensuring that black dancers are properly credited and recognized for their work . Users must 9also actively support black dancers by sharing and supporting their work, rather than continuing the cycle of appropriation. Anthea Kraut a professor in the Department of Dance at the University of California, Riverside further explained to us the issue of black choreographers not receiving enough credit in the world of dance when compared to their white counterparts:

In 2021 Black dance creators on TikTok began a strike due to frustrations for not receiving credit for their creativity and original work, while their white counterparts got rewarded by mainstream media for dances they did not create . For decades, black dancers and choreographers have made significant contributions to dance culture, shaping its styles and trends. However, their work has often been overlooked or outright stolen by white dancers and artists. This trend dates back to the early days of jazz and hip-hop, where black dancers faced discrimination and had their innovations co-opted by white performers. 

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