Note, Who Controls the Dance: Copyright in the World of Choreography

摘要

This Note discusses United States copyright law and its connection to the dance world. Choreographic works were officially recognized as an artistic form protected by copyright with the passage of the Copyright Act of 1976. However, many of the terms of copyright protection do not perfectly align with the ephemeral and physical nature of dance and the customs of the dance community. The Note presents several of these discrepancies, focusing on the issue of fixation and how a separate artistic work is created when the dance is fixed in legal terms. Therefore, it is suggested that, when possible, comparisons to other art forms should be used but it should also be recognized that dance does not fit perfectly within copyright terms and some adjustments must be made, such as clearer protection for all the creators, including the fixators.