How to copyright a choreography? (And 4 things you cannot copyright)

"My dance moves have been stolen!"

Wait…

Can choreography become copyrighted work?

The short answer is YES. A choreographic work has to be sufficiently original to be copyrightable and has to be fixed (or recorded) in some way, as Dave explains in this video.

But why do some creators lose when fighting for their copyrights? There's the case of the Carlton dance and Fortnite, where the creator of the dance tried to say, "Fortnite, you can't use that because that is a copyrighted work!" In the end, the Copyright Office's finding was that the dance moves weren't enough to be copyrightable.

How many similar moves does it take to be considered an “infringement”?

That's the tricky thing about copyrights—we don't have a set rule on how many moves (or words, or notes) make an infringement, because creativity is variable and subjective.

But if you are an artist who wants to protect your work, this should not discourage you. As a copyright owner, you have the exclusive right to reproduce, distribute, display, perform, sell, and license your copyrighted work. Your work is valuable and important!

Copyright Law without the Legalese

In our work with clients, we explain copyright law (without the legalese!), help them protect their rights, and guide them through contracts and agreements for their greatest possible advantage.

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