Choreographic works

Definition

Choreographic works are original creations of dance that involve the arrangement and composition of movement, often set to music. These works can be protected under copyright law, recognizing the choreographer's creative expression and granting them exclusive rights to reproduce, distribute, and perform their choreography. This protection is significant as it impacts how dance is shared and utilized in various contexts, such as performances, films, and digital media.

5 Must Know Facts For Your Next Test

1. Choreographic works are considered fixed when they are notated in written form or recorded, which allows for copyright protection under U.S. law.
2. The U.S. Copyright Office recognizes choreography as a protected form of artistic expression if it meets the criteria of originality and fixation.
3. Choreographers may face challenges with fair use when others use their dance routines without permission, particularly in educational or commercial settings.
4. The transformation of a choreographic work into another medium (like film or video) still requires copyright consideration, as the original choreography remains protected.
5. Legal disputes regarding choreographic works often revolve around issues of originality and whether a new piece substantially copies an existing dance.

Review Questions

• How does copyright law apply to choreographic works and what does this mean for choreographers?
  • Copyright law grants choreographers exclusive rights to their original dance compositions, meaning they can control how their work is reproduced, distributed, and performed. This legal protection encourages creativity by ensuring that choreographers can benefit financially from their artistic expressions. Additionally, it prevents others from using their choreography without permission, which is crucial for maintaining the integrity of their original works.
• Discuss how fair use interacts with choreographic works and the potential implications for education and performance.
  • Fair use allows limited usage of copyrighted choreographic works without permission under certain conditions, particularly for educational purposes or commentary. However, determining what constitutes fair use can be complex and subjective, as it often involves analyzing the purpose of the use, the nature of the work, the amount used, and its effect on the market value of the original choreography. This can create tensions between educators who wish to teach or analyze choreography and choreographers who want to protect their rights.
• Evaluate the significance of originality in choreographic works within copyright law and how it affects legal disputes.
  • Originality is a key factor in determining whether a choreographic work qualifies for copyright protection. For a choreography to be deemed original, it must contain a degree of creativity that is distinguishable from existing works. Legal disputes often arise when one party claims that another's choreography infringes upon their own. Courts typically assess whether the allegedly infringing work substantially reproduces elements of the original dance. This focus on originality helps uphold artistic integrity while balancing the rights of creators against the public's access to art.

Related terms

Copyright: A legal right that grants the creator of original work exclusive rights to its use and distribution, typically for a limited time, allowing them to control how their work is reproduced and performed.

Fair Use:

A legal doctrine that permits limited use of copyrighted material without obtaining permission from the rights holder, often applied in educational settings or commentary.

Performing Arts: Art forms where artists use their voices, bodies, or objects to convey artistic expression in front of an audience, including dance, theater, and music.