Choreographic Works

Definition

Choreographic works are original compositions and arrangements of dance movements and patterns that are created and fixed in a tangible medium, such as video or written notation. These works are considered a category of copyrightable subject matter under intellectual property law.

5 Must Know Facts For Your Next Test

1. Choreographic works must be original compositions and not merely a recreation or copy of existing dances.
2. The choreography must be fixed in a tangible medium, such as video, notation, or other form, to be eligible for copyright protection.
3. Copyright in a choreographic work does not extend to the underlying ideas or concepts, but rather the specific expression of those ideas through the arrangement of dance movements.
4. Choreographic works can include both narrative and non-narrative dances, as long as they meet the requirements of originality and fixation.
5. The copyright in a choreographic work may be owned by the choreographer or the dance company or institution that commissioned the work.

Review Questions

• Explain the key requirements for a work to be considered a copyrightable choreographic work.
  • For a work to be considered a copyrightable choreographic work, it must meet two key requirements: 1) Originality - the choreography must be an original composition and not merely a recreation or copy of existing dances, and 2) Fixation - the choreography must be fixed in a tangible medium, such as video, notation, or other form, so that it can be perceived, reproduced, or communicated. These requirements ensure that the work is the product of the choreographer's independent creation and can be protected under copyright law.
• Describe how the copyright in a choreographic work differs from the copyright in the underlying ideas or concepts.
  • The copyright in a choreographic work protects the specific expression of the dance movements and patterns created by the choreographer, but it does not extend to the underlying ideas or concepts. This means that the copyright holder cannot prevent others from using the same basic ideas or themes, as long as they create their own original expression of those ideas through a unique arrangement of dance movements. The copyright only covers the particular choreographic work that has been fixed in a tangible medium, not the general concept or style of the dance.
• Analyze the potential ownership and rights associated with a commissioned choreographic work.
  • When a choreographic work is commissioned, the ownership and rights associated with the work can be complex. While the choreographer is typically the initial copyright holder, the terms of the commission may stipulate that the dance company or institution that commissioned the work has certain rights or ownership interests. This could include the right to perform the work, to make derivative versions, or to license the work to others. The specific ownership and rights must be determined based on the contractual agreement between the choreographer and the commissioning party, as well as any applicable laws or industry practices. Understanding these nuances is crucial for both choreographers and dance organizations when engaging in commissioned works.

Related terms

Choreography: The art of composing and arranging dance movements and patterns to create a complete dance work.

Fixation:

The process of recording a work in a tangible medium, such as writing it down, recording it on video, or notating it, so that it can be perceived, reproduced, or communicated.

Originality:

A requirement for copyright protection, where the work must be the product of the author's independent creation and not merely a copy of another work.