Choreography copyright exists in a fascinating legal gray area where cultural ownership and legal protection often clash. When Alfonso Ribeiro attempted to claim rights to his iconic “Carlton Dance” from Fresh Prince of Bel-Air after Fortnite used it as a purchasable emote, his case was dismissed because the Copyright Office deemed the routine “too simple” – just three basic dance steps without sufficient originality. This ruling sparked crucial conversations about what makes dance protectable.

The landscape shifted dramatically when choreographer Kyle Hanagami sued Epic Games over a four-count hook from his registered routine appearing in Fortnite. When the Ninth Circuit reversed an initial dismissal in 2023, they delivered a game-changing perspective: “Reducing choreography to isolated poses is like reducing music to single notes.” This recognition that even short sequences could embody original expression opened new possibilities for dancers seeking protection.

We explore how this legal evolution continues with Kelly Heyer’s ongoing battle against Roblox for monetizing her viral “Apple Dance” without permission. With platforms earning substantial revenue from choreographic content, questions of fair compensation and proper licensing have never been more urgent. Meanwhile, international cases reveal how different jurisdictions approach dance protection – from China’s rejection of single-pose copyright to Brazil’s emphasis on proving tangible harm.

Through these stories, we distill five crucial principles governing choreography copyright: basic movements remain freely available to all; originality exists in arrangement rather than individual steps; even short sequences can qualify for protection if distinctive enough; evidence of harm matters as much as creativity; and courts continually seek balance between creator rights and cultural freedom. As dance moves from stages to avatars in the metaverse, these principles will shape how we value and protect movement in the digital age.

Ready to dive deeper into intellectual property’s fascinating frontiers? Subscribe to Intangiblia and join our exploration of the ideas that shape our creative landscape.

Sports As IP Strategy – Intangiblia™

Somewhere right now, a kid is kicking a ball in the street while a stadium across the world is holding its breath for a final-second win. We love sports because they create instant shared meaning, but the part most fans never see is the structure that makes those moments travel, repeat, and endure. For World IP Day 2026, we’re celebrating “IP and sports” with a playful challenge that lands on a serious point: intellectual property is what helps sport scale.We break down the real sports business engine behind broadcasting rights, sponsorships, merchandising, and the rising value of sports data. Then we put the ideas to the test with “Who Wants To Own The Stadium,” a quick game that connects familiar examples to the core IP tools: patents, trademarks, copyright, licensing, and industrial design. Nike Flyknit shows how a patented invention can become a platform across product lines. The Nike swoosh shows how a trademark becomes trust, culture, and belonging. Madden NFL shows how copyright and licensing can turn a league into interactive entertainment. Air Jordan 1 shows how product design can become a collectible icon and a long-term asset.By the end, we tie everything together into a practical takeaway for founders, creators, lawyers, and curious fans: sports value is built on more than performance, and good IP strategy helps innovation travel, brands grow, and creators get rewarded. If you enjoy plain talk about intellectual property and sports law, subscribe, share the episode with your network, and leave us a review so more listeners can find Intangibilia.Send us Fan MailCheck out "Protection for the Inventive Mind" – available now on Amazon in print and Kindle formats.The views and opinions expressed (by the host and guest(s)) in this podcast are strictly their own and do not necessarily reflect the official policy or position of the entities with which they may be affiliated. This podcast should in no way be construed as promoting or criticizing any particular government policy, institutional position, private interest or commercial entity. Any content provided is for informational and educational purposes only.

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