Did you know that a dance can be a full-fledged subject of copyright, eligible for legal protection?
Let’s break down the criteria a dance must meet to receive legal protection, how to prove your authorship, and what to do if your choreography is used unlawfully.
When does a dance become a subject of copyright?
According to Article 6 of the Law of the Republic of Belarus dated May 17, 2011, No. 262-Z “On Copyright and Related Rights,” choreographic works are subjects of copyright.
However, not every hand or head movement is protected by law. For a dance to be recognized as a copyrightable work, it must meet two key criteria:
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The dance must be the result of the choreographer’s creative activity. It must bear the imprint of the creator’s personality, their unique vision, and experience. It is important to understand that a single, non-trivial movement or a basic step is not protected by copyright. Protection applies to a work that has an original character. I should also note that copyright does not protect ideas (i.e., the underlying thought or concept itself) or works of folk art (folklore) that have no specific author.
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The dance must be expressed in a tangible (objective) form that allows other people to perceive it. As long as a dance exists only in your head, it is not protected by law.
How to document and prove your authorship of a dance?
Copyright arises automatically upon the creation of the work. No formal registration is required. The presumption of authorship applies: the person whose name is indicated on a copy of the work is considered the author until proven otherwise.
However, in the event of a dispute, you will have to prove that it was you who created the dance and did so before the infringer. To do this, the dance must be properly documented (expressed in a tangible form). This can be done via a video recording of a rehearsal or a final performance, specifying the date, authors, and other authorship information. You can also document the dance in writing by detailing the dance movements and positions, or in a graphic form by illustrating choreographic scenes, storyboards, or taking photographs of sequential dance components.
An effective tool for proving copyright is the procedure of voluntary registration and deposition carried out by the National Center of Intellectual Property (NCIP). The deposition procedure certifies the existence of a copyright subject on a specific date. Upon completion of this procedure, a corresponding certificate confirming authorship rights is issued.
It is important to understand that deposition does not confirm the uniqueness of the work and is not an indisputable proof of authorship. Deposition serves as a means of recording the fact that a specific person possessed the work at a specific point in time.
What should you do if your copyright to a dance is infringed?
If your dance has been unlawfully used by third parties, you should first try to negotiate a cease and desist, claim compensation, or discuss the assignment of rights. If an agreement cannot be reached, you have the right to file a lawsuit. However, before going to court, you must gather evidence to establish that the work existed in a tangible form on a specific date and that you are its true author. Additionally, you need to collect evidence of the unlawful use of the dance by the infringer.
I would like to highlight one particularly important fact: copyright protects the results of creative activity. Therefore, it is mandatory in court to establish the presence or absence of creative elements in the dance. This can be done by an expert or a specialist in the field of arts. Thus, I highly recommend commissioning an expert study or an advisory opinion even before filing a lawsuit, so it can be presented to the court as solid evidence
Summary
Choreography is the result of creative labor, and the law provides the author with tools to protect it. But these tools only work when authorship is proven.
If you want to check whether your choreography is protected, properly formalize legal relations with performers, or respond to illegal copying, schedule a consultation. I will help assess your situation and protect your rights.