When life gets hard, people tend to figure out ways to make themselves feel better—some go shopping, some belt out their favorite songs in the shower, and for many, all it takes is dance to uplift their souls. It enables everyone to convey their hearts, imaginations, and realities through moves, steps, and gestures, capturing the attention of anyone who watches.
In the current digital age, social media sites like YouTube and Instagram are overflowing with dance videos. People frequently imitate popular moves and trends, however since many of these moves only imitate someone else’s effort, uniqueness is more often lost. The choreographers who design the original dance routines are rarely given the credit they deserve. This brings up a crucial query: Whether dance is an art form that is protected by law?
In 2013, a renowned Bollywood choreographer Remo D’Souza, attempted to obtain the copyright for his choreography for the film Any Body Can Dance (ABCD). He wanted to make sure that no one could perform the same choreography without his permission. This led to a discussion on whether dance can be protected under copyright law.
Distinction Between Choreographers & Dancers
The responsibility of the choreographers is to design and compose the dance steps. They develop the sequence of footwork, pattern, and formation that constitutes the dance routine. They usually direct dancers on the execution of the routines, guiding them on technique, timing and expression. Most of their duties are off-stage, creating the dance and working with dancers, directors, or production staff.
Dancers bring the choreographer’s vision to life by executing the dance moves. They interpret the choreography through their movements, expressions, and skills. They must have strong technical skills and physical ability to perform the steps accurately. Dancers practice to master the routine and adapt it to different settings. The primary role of dancers is to perform on stage, in films, or in other settings, presenting the dance to an audience. While they follow the choreography, dancers can add personal flair, but the core routine remains the choreographer’s work.
Legal Protection For Choreography In India & United States
In India, choreographies are legally protected under the category of “dramatic work” as defined in the Indian Copyright Act, 1957. According to Section 2(h) of the act, “dramatic work includes any piece of recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting, form of which is fixed in writing or otherwise but does not include a cinematograph film”.
In the United States of America, choreographic works are eligible for copyright protection as “pantomimes and choreographic works” under 17 U.S.C. § 102(a)(4). Similar to the requirement under the Indian Copyright Act, 1957, the Copyright Law of the US also mandates fixation in a tangible medium for a choreographic work to be eligible for copyright protection.
Choreography must be original and creative in order to be copyrighted. In the case of Baker vs. Selden, 101 U.S. 99 (1880), the court established that compilations of facts are copyrightable if they express some originality of thought but uncooked facts are not subject to copyright protection. Similarly, a dance cannot consist of just simple movements; it must be arranged in a fundamentally unique and creative way to be entitled to copyright protection.
This principle is further admitted under the Indian Jurisprudence. In the case of R.G. Anand vs. Deluxe Films and Ors., AIR 1978 SC 1613 (1979 SCR 218), the Supreme Court held that compilations created with a significant investment of time, money, proficiency, and hard work, are considered as ‘literary works’ and thereby are entitled to copyright. That itself validates the concept stating that creative and unique efforts such as choreographed dance routines, ought to be protected by copyright.
In the case of Anupama Mohan vs. State of Kerala, WP(C).No. 22790 of 2015, a well-known Kuchipudi performer, Anupama Mohan, filed a writ petition against the State of Kerala in this issue, alleging copyright violation. She claimed that without the performers’ permission, the State Government was sending tapes of the dance performances from the Kerala School Youth Festival to third-party organizations. The court decided in Anupama Mohan’s favor, acknowledged her ownership rights to the choreography and ordered the State to take the necessary action to safeguard the performers’ copyright.
Therefore, simple dance moves or routines that anyone can perform, like popular social dance steps, usually do not meet this standard. A well-known example is the ‘Moonwalk’, which became famous when Michael Jackson performed it. This move existed long before Jackson made it popular, and it was performed by other dancers under different names. Since the Moonwalk is a single dance move rather than a full, creative routine, it cannot be copyrighted.
The Need For Tangible Form
A dance must be recorded physically or stored in any other form to enjoy the protection of copyright. In the 2009 case of Academy of General Education, Manipal vs. Malini Mallya, AIR 2009 SC 1982, the Supreme Court of India has upheld that Malini Mallya is the copyright owner of a novel style of ballet dance known as “Yakshagana” and the newly emerged dance form known as “YakshaRanga”. This requirement was brought to light. Since it was recorded in some way, the court accepted that this new style of dance had met all requirements to be deemed a dramatic work.
However, there is a limitation in Indian law. It does not classify video recording of dance routines as ‘dramatic works’. The recordings are rather taken as ‘cinematographic films’ where the rights are vested on the producer and not the choreographer. This poses a problem for choreographers who wish to protect their work if it were in any other form, like video. On the contrary, countries like U.S. and U.K. allow protection to dance steps or routines in any form, including videos.
Can All Dance Forms Be Copyrighted?
India is famous for its many cultures, including a great variety of dance forms. Traditional dances Kathak, Odissi, and Bharatanatyam are subject to strict rules and can be copyrighted if performed in a specific manner. Copyrighting is more complicated for dance forms that do not adhere to a proper structure, such as freestyle dancing and Bhangra. The rule excludes vast social and traditional dances and focuses only on whether the dance movements are organized in a unique and systematic manner.
Conclusion
The existing Indian legal system provides some protection to dance, but that is not enough. Although choreography can be copyrighted, there are many legal loopholes at least in the case of video recordings. As dance has become so popular in today’s digital era, the laws need to be altered in order to protect the rights of choreographers. Directions from courts and more precise legislation would help preserve dance as a form of art.
Till then, let’s consider dance as an art form that unites people through beautiful, expressive movement. Choreographers deserve to be acknowledged and to have their creativity protected by law. Dance is much more than hitting the steps; it is a story that deserves to be preserved.
Authors: Parinika Krishnan & Sakshi Shukla