Dancing with Rights: Analyzing Copyright for Choreographic Works in the United States

By Atreya Mathur and Beverly Osazuwa

Dance has always been a significant part of human expression, and the expansion of the 1976 Copyright Act was the first U.S. law to make choreography copyrightable.^[1] With the rise of MTV and music videos in the eighties, dance routines like those by Michael Peters (“Thriller”) and Anthony Thomas (“Rhythm Nation”) saw mass popularization. These iconic dances took on a life of their own, becoming immediately recognizable and repeated on TV shows, movies, and viral videos. Other choreographers such as Brian Friedman (“I’m a Slave 4 U”), Laurieann Gibson (“Bad Romance”), JaQuel Knight (“Single Ladies”), and Sean Bankhead (“On My Momma”) have seen similar popularity in their creations. With the phenomena of social media, creatives are seeing their creations shared rapidly around the world through platforms like Tiktok, and may want to protect their works against copied moves and uncredited (or uncompensated) recreations. While the digital age has taken choreography to new heights, it also presents new (and old) legal challenges.

In July 2024, the Center for Art Law met with the Korea Copyright Commission to discuss copyright protection for choreographers in the United States and the challenges related to enforcement. The dialogue highlighted the evolving landscape of intellectual property rights in dance choreography, emphasizing both the opportunities and complexities faced by choreographers seeking to protect their creative works. Discussions also addressed the unique nature of choreographic copyright, where the line between copyrightable expression and unprotectable elements like basic movements or social dances must be carefully navigated. The Center for Art Law also shared research regarding strategies for choreographers to assert their rights effectively, including the importance of detailed documentation, collaboration with social media houses and the advantages of timely registration to enhance legal recourse against infringement. This article highlights some of the research conducted by the Center on copyright for choreography.