Season 5, Episode 25. The Legal Salsa: Protecting Dance One Step at a Time

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.

Granit Zela: The Job Where You Argue With Every Sentence – Intangiblia™

A great translation can feel effortless, which is exactly why so many people underestimate what it takes. We sit down with Granit Zela, an Albanian poet, writer, university lecturer, and award-winning literary translator, to get honest about the craft behind “bringing a book into another language” and the real intellectual property questions hiding inside every sentence.Granit takes us back to an isolated childhood in northeastern Albania, where discovering his father’s small library became a turning point. From Jules Verne to 1001 Nights, he explains how reading created passageways out of loneliness and toward authorship, and why that early relationship with words still shapes how he writes and translates today.From there, we zoom out to the larger literary ecosystem: Forum 26, cultural exchange, and what smaller language communities need to remain vibrant in an era of global platforms and dominant languages. We also get practical and specific about translator rights and publishing norms: clear contracts, proper attribution, transparency, and fair remuneration, grounded in one powerful idea that should guide copyright law and copyright reform alike: the literary translator is the author of the translation.We close with the stakes for sustainability and the future, including digital publishing and AI training on books. If technology changes everything, how do we keep consent, control, and fair pay from disappearing? Subscribe to Intangibilia, share this conversation with your network, and leave a review with your take on what “fair” should mean for authors and translators.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.
  1. Granit Zela: The Job Where You Argue With Every Sentence
  2. Margrét Tryggvadóttir: How Author Protects Stories In The Age Of Streaming And AI
  3. Helen Epega: Opera, Synesthesia, and the Invention of Access
  4. John Degen: Celebrating Authors, Protecting Creativity
  5. Cécile Deniard: The Human Voice Inside Every Translation

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