Can a dance be copyrighted?

I have been asked several times about whether it’s possible to copyright dance and performance art.

A form of dance with specific movements could attract copyright protection, so long as it’s fixed in some way. Merely performing the work is not enough to attract protection. Recording or notation is best way to protect choreography.

Performers have related rights, such as the right to give or withhold consent to the making of a recording of their performance, and to the issuing of copies of the recording to the public.

If you plan to record your performance, here are some practical methods that can be employed to prevent unauthorised copying:

  • Discourage recording using a note in a programme, in an announcement before a performance, using signage to the audience;
  • Ask somebody to scrutinise the audience to see whether recording equipment is being used;
  • Stamp the copyright symbol onto any recording of the performance that you make.

The copyright symbol is not required to give protection – copyright protection is automatic – but it can help as a visual cue to discourage unauthorised copying.

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