Nonetheless, this episode illustrates the gray areas of what is protected by copyright. In 2011, De Keersmaeker claimed that Beyoncé, in her music video “ Countdown,” had plagiarized De Keersmaeker’s dances from two different works – “Rosas danst Rosas” and “Achterland” – without giving her credit.
When pop culture pulls from avant-gardeĪvant-garde artist Anna Teresa De Keersmaeker’s brief spat with Beyoncé illustrates the tricky nature of determining what constitutes copyright infringement or plagiarism. But he didn’t draw up a will until he was told the dozens of dances he created would generate licensing income that would go to next of kin unless he directed otherwise. George Balanchine, the founding artistic director of New York City Ballet, had a heart attack in 1978. So while creators can apply to register the recorded expression of their idea with the government, many choreographers – perhaps due to so many gray areas in what is eligible for copyright – still don’t realize that they they have something of value that can or should be protected. Is it the dance as a work of art, the choreography or the specific performance? This is why New York City Ballet can copyright their choreographed version of “The Nutcracker,” but other artists can create their own versions or expressions of the story as plays, storybooks or choreographed dance.Īrtists and scholars still debate what, exactly, it is that a dancer or choreographer is trying to claim as their own. In choreography, it’s the fixed “expression” that’s being protected, not the “idea” behind it. A delicate dance with copyrightīut this hasn’t exactly led to a windfall of royalties for choreographers.Ĭongress has established four guidelines to determine whether a work can be granted copyright protection: originality, fixation, idea versus expression and functionality. It wasn’t until 1976 that copyright protection was updated to specifically include choreographic works. In the 1950s and 1960s, choreographer Agnes de Mille advocated for copyrights specific to choreography because she got very limited royalties for her work on the hit musical “Oklahoma!” In 1963, performer Faith Dane sued M&H Company for royalties for her choreography in “Gypsy” and lost. However, little came of Ismail and Hunter’s efforts. A year later, the dance appeared in George White’s revue “ Scandals,” which ignited the Black Bottom dance craze. Hunter performed the Black Bottom in front a white audience in 1925. George White’s Black Bottom became a national sensation. In 1926, African-American blues singer Alberta Hunter claimed she held the copyright to the popular dance the Black Bottom, an African American social dance. Denis, claiming he was the originator of one of St. In 1909, an Indian dancer named Mohammed Ismail tried to sue white dancer Ruth St.
In fact, the very concept of owning choreography didn’t exist until the 20th century when dancers started to lay claim to their work in court. copyright laws, which were established in 17 and based on statutes from Britain, didn’t grant rights to artists and dancers. Copyright Office, gives “ Authors and Inventors the exclusive right to their respective Writings and Discoveries.”Įstablished in the hopes of rewarding innovation and promoting progress, the first U.S. Laying claim to a dance isn’t as straightforward as, say, a poet saying they have exclusive rights to a poem they’ve written.ĭesigned to protect “intangible cultural goods,” copyright, according to the U.S. In June 2021 several popular Black creators were so fed up with having their dances stolen or not credited that they decided to join forces and go on strike, refusing to post new dance content to bring attention to the issue. But these days, TikTok is the battleground – and it isn’t just Harmon who’s had her work lifted.
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