Protecting Dance Choreography Under Massachusetts Law
Dance choreography is a form of artistic expression that deserves protection under the law. In Massachusetts, as in other states, choreographers need to understand how their work can be safeguarded from unauthorized use or infringement. This article will explore the legal framework surrounding the protection of dance choreography under Massachusetts law.
Understanding Copyright Protection
In Massachusetts, as well as federally, choreography can be protected under copyright law. The U.S. Copyright Act provides that original works of authorship can be copyrighted, provided they are fixed in a tangible medium of expression. This means that a choreographer must document their dance choreography through video, notation, or other forms to ensure its eligibility for copyright protection.
To gain copyright protection, a choreographer must meet the following criteria:
- Originality: The choreography must demonstrate a certain level of creativity and originality. Simple or commonly used dance moves may not qualify.
- Fixation: The choreography must be recorded or choreographed in a way that can be perceived, reproduced, or otherwise communicated.
Registration Process
While dance choreography is automatically protected upon creation, registering the work with the U.S. Copyright Office provides added legal benefits. Registering provides a public record and is necessary if a choreographer wishes to take legal action against infringers in federal court. The registration process involves submitting an application, a copy of the choreography (e.g., a video recording), and a filing fee.
Trade Secrets and Unpublished Choreography
In addition to copyright, some aspects of dance choreography may be protected as trade secrets. If the choreography includes unique and unpublished elements that give a competitive edge—such as specific transitions or movements—protecting it as a trade secret might be beneficial. However, this requires maintaining confidentiality; once the choreography is shared publicly, it loses trade secret protection.
Contractual Agreements
Choreographers should also consider using contracts to protect their work. By creating agreements with dancers, companies, or studios, choreographers can establish terms under which their choreography can be used. Include clauses that outline copyright ownership, usage rights, and restrictions to prevent unauthorized performances or adaptations.
Legal Implications of Infringement
If a choreographer's work is infringed upon, Massachusetts law allows various remedies. The choreographer can seek damages, which may include monetary compensation for lost profits or statutory damages if the work is registered. Additionally, they can request injunctive relief to prevent further unauthorized use.
Conclusion
In summary, protecting dance choreography under Massachusetts law involves understanding copyright, registering works, utilizing trade secrets, and drafting contractual agreements. Choreographers should be proactive in safeguarding their artistic creations to ensure that their hard work is recognized and respected. By taking these legal steps, dance professionals can secure their rights and promote their unique artistic expressions.