Simply put, choreography is an artistic expression through movement. It is a stage work that is publicly presented live in front of an audience or recorded on video or film. When this creation of the human spirit meets the condition of originality, the creator of the choreography enjoys copyright protection.
For a correct understanding of the subject of protection, it is important to keep in mind that individual dance steps, as a sequence of defined movements, are not protected by copyright in standardized dances, such as ballroom dances (international standard and Latin dances) or ballet. Protection is only granted to the choreography as a unique combination of dance steps through which the choreographer, as the author, conveys a distinctive message.
Although legislations worldwide recognize choreography as a work of authorship, in practice, questions often arise about the extent of legal protection and how it is realized.
Legal Framework for Choreography Protection in Serbia
In the Republic of Serbia, choreography is explicitly recognized as a work of authorship under the Law on Copyright and Related Rights, provided it is original and expressed in a manner that allows for its reproduction. This means that spontaneous movements, improvisations, or simple step sequences are not protected, but only more complex and original choreographies.
The author of the choreography, like any other copyright holder, has the exclusive right to permit or prohibit the use of their work, whether through performance, recording, or reproduction in any form. Unauthorized use of significant parts of the choreography may constitute a copyright infringement and grounds for legal action.
Unlike other forms of art, choreography cannot be easily recorded in a standardized form like music or literary works. Therefore, it is crucial for authors to secure appropriate evidence to prove originality and authorship in case of a dispute.
Challenges in Copyright Protection of Choreography
When discussing copyright protection of choreography, examples of protection for classical art forms, such as ballet, are most often mentioned. However, the subject of protection can equally apply to choreographies in sports dance, as well as choreographic works in the realm of popular culture.
One of the challenges in protecting choreography is proving that the unauthorized use refers to a significant part of the original work and not just to inspiration or individual figures or movements. Legal proceedings often focus on determining whether the use of the choreography is substantial enough to constitute a copyright violation.
One famous case of copyright protection involves the iconic choreography from Michael Jackson's music video for “Thriller”. The choreography created by Michael Peters, along with Jackson, became a pop culture symbol, but also led to certain legal ambiguities.
This case raised the issue of collective authorship in choreography, considering that Michael Jackson, as the performer, had a significant influence on the final form of the choreography, but primary authorship remained with Peters. This highlights the importance of clearly defining rights between the choreographer and the performer to avoid disputes.
How is Choreography Protection Realized?
Choreographers in Serbia can protect their work in several ways:
Copyright protection of choreography remains a complex issue due to its nature and the difficulty in proving rights violations. However, choreographers can take preventive measures to ensure that their work is properly protected and recognized as an original artistic creation.
Author:
Ivana Ružičić, Managing Partner
Email: ivana.ruzicic@prlegal.rs