Presentation by Arlene Yu, former Brooklyn Museum Library intern, at

1. Evolving Rights Issuesin Dance Materials Arlene YuPratt M-LEAD SymposiumMarch 17, 2011

2. I AM NOT A LAWYER

3. Nothing I say here should be taken as legal advice, or as a legal opinion.

4. Copyright basics Specific types of works Fixed in a tangible medium No artistic quality necessary Minimum creativity

5. Rights under copyright Duplicate and distribute Perform or display Make derivatives

6. Length of copyright For hire Creation date Published Publication date Notice and registration

7. – Peter Hirtle http://goo.gl/qpAHt

8. Copyright owner of the Electric Slide?

10. “I don't want future generations having to learn it wrong and then relearn it . . . because of certain sites and [people] that have been teaching it incorrectly and without my permission. That's the reason I [copyrighted] it in the first place.” – Ric Silver

11. A more recent dance routine

12. Homage

13. Parody

15. Copyright infringement?

16. Choreography wasn’t copyrightable until the 1976 Copyright Act went into effect

17. First protected work

18. Copyrighted choreographers (though they didn’t all personally own the copyright)

20. “Fixing” choreography

21. “two . . . company members had learned the choreography from a dancer who sets OhadNaharin’s work, and knew the impulses for certain actions. When these dancers performed with the rest of the cast they looked so different from the others on stage that [she] needed to change [her] idea.”

22. “choreography emphasizes purpose, idiosyncrasies and action. . . . Naharin’schoreography — dances which are visually pleasing, kinetically driven – is motored by ideas as well as movements.” – Kate Mattingly, stealthisdance.com

23. Beyonce's Sticky Fingers Steal From "Fosse Hands" Again Beyonce, Still Up To Her Same Old Sham Antics Beyonce’s New Video Rips Off Bob Fosse Beyonce Grave Robs Bob Fosse

24. In terms of copyright,what constitutes choreography?

25. What is copyrighted?

26. “I don't want future generations having to learn it wrong and then relearn it . . . because of certain sites . . . that have been teaching it incorrectly. . . . That's the reason I [copyrighted] it in the first place.” = moral rights

27. What gets pursued doesn’t always make sense

28. Contracts, not copyright in the dance community oooh.oooh on flickr.com

29. Access issues at the New York Public Library https://catalog.nypl.org/record=b12161333~S99 https://catalog.nypl.org/record=b16004327~S99 https://catalog.nypl.org/record=b15594049~S99

30. oooh.oooh on flickr.com