{ subscribe_url:'//loc.gov/share/sites/library-of-congress-blogs/copyright.php' }

65th Anniversary of the First Copyrighted Choreography—Although Not Copyrighted As Choreography

I taught group fitness classes for many years, and I choreographed hundreds of complex step routines. I learned from some of the best choreographers in the industry, all who were willing to share their genius. I always wondered how much of their work I could legally use. Could they register a copyright for it? Could I protect my choreography? While there is a category for copyrighting choreography, not all types of choreography are covered by the law.

Fé Alf, dancer at the Wigman School, which Hanya Holm launched in New York in 1931.

Fé Alf, dancer at the Wigman School, which Hanya Holm launched in New York in 1931. Prints and Photographs Division.

The 1976 Copyright Act was the first U.S. law expressly to make choreography a copyrightable subject matter. A quick search of the Copyright Office’s online catalog of records beginning in 1978 found almost 4,500 entries using the keyword “choreography.” But before then, choreography was registered in the Copyright Office, just not as choreography. In 1952, Hanya Holm registered the choreography for the Broadway musical Kiss Me Kate as the first claim to copyright on a choreographic work. She registered it as a drama, not as choreography, but it did meet the requirements for registration. The deposit was sent on microfilm in the form of Labonotation, a written dance notation system that records precise movement using abstract symbols. The work received registration number DU30088.

Holm is on record as a contributor to the revised law. She was invited to comment on Copyright Law Revision Study number 28, Copyright in Choreographic Works, written by attorney-advisor Borge Varmer and prepared for the Subcommittee on Patents, Trademarks, and Copyrights. Her letter, dated January 2, 1960, makes three points: choreography should be subject to copyright; choreography should be named as a separate category of copyrightable matter; and the term “choreographic works” should include dramatic concert pieces, lyric-dramatic concert pieces, satirical concert pieces, and dance in operas, musical comedies, and revues. She concluded, “I realize that the issue is of greatest importance, and I hope that a protective law can be worked out.”

Bonnie Prudden leads a class in exercises at her White Plains school / World Telegram & Sun photo by Al. Ravenna. Prints and Photographs Division.

Back to my question: can you copyright aerobic fitness choreography? Turns out, the answer is no. According to the Compendium of U.S. Copyright Office Practices, chapter 800, section 805.5 (B)(3), “‘Functional physical movements’ and ‘ordinary motor activities’—in and of themselves—do not represent the type of authorship that Congress intended to protect as choreography.” It goes on to say, “A work may be precluded from registration as a functional system or process if the particular movements and the order in which they are performed purportedly improve one’s health or physical or mental condition. . . . Examples of functional physical movements that cannot be registered with the Office include exercise routines, aerobic dances, yoga positions, and the like.”

2 Comments

  1. Warren E. Brown
    August 16, 2017 at 6:24 pm

    16 August 2017

    Thank you Ms. Alison Hall for that particularly fine write-up on an interesting and little known segment of the registrations at the Copyright Office.

    Copyright law is one of my main focal points. however, I would appreciate taking several hours at the Copyright Office to become familiar with how best to approach the descriptive write-up portion for registering Choreographic Works.

    That was a great post.

    Warren E. Brown, Esq.
    Washington, D. C.
    .

  2. Alison Hall
    August 17, 2017 at 8:11 am

    Thank you for your kind words about the post. Information about registering choreographic works can be found in chapter 800 of the Compendium, as linked in the post, or in the Registration Portal at https://www.copyright.gov/registration/index.html?loclr=blogcop

Add a Comment

This blog is governed by the general rules of respectful civil discourse. You are fully responsible for everything that you post. The content of all comments is released into the public domain unless clearly stated otherwise. Your submission may be subject to disclosure under the Freedom of Information Act (FOIA). The Library of Congress does not control the content posted. Nevertheless, the Library of Congress may monitor any user-generated content as it chooses and reserves the right to remove content for any reason whatever, without consent. Gratuitous links to sites are viewed as spam and may result in removed comments. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on the Library site. Read our Comment and Posting Policy.

Required fields are indicated with an * asterisk.