Choreography is a type of performing art. Choreography is expressed in many different forms such as modern dance, hip-hop dance, ballet, contemporary dance, tap dance, etc. Therefore, are dance works protected by copyright or not and how is it protected?
1. Dance works are protected by copyright according to Vietnamese law
Dance is an art form that uses body movements to music to express certain content and ideas to the public. Dance works can be known as independent performance works, or used in combination in musicals, movies, on folk stages, etc.
Choreographic works are one of the subjects protected by copyright under Clause 1, Article 2 of the Berne Convention for the Protection of Literary and Artistic Works. At the same time, according to Vietnamese law, choreography is identified as a form of performing art and is classified as a theatrical work, a type protected by copyright (Article 14, Clause 1 of the Law Intellectual Property). More specifically, Clause 1, Article 11 of Decree 22/2018/ND-CP lists as follows:
“Theatrical works specified in Article 14 (1) (dd) of the Intellectual Property Law are works of the performing arts type, including aulacese opera, puppetry, spoken plays, folk plays, physical theater, musicals, circus, comedy, vaudeville and other forms of performing arts.”
The creators of a choreographic work are those who are entitled to copyright and related rights, including performers, screenwriters, choreographers, music composers, and designers of art, sound design, lighting, stage art, prop design, effects, and other creative works for the works. Organizations and individuals that invest in finance, physical, and technical facilities to produce cinematographic works and theatrical works are the owners of property rights and moral rights associated with property rights such as the right to make names and publication of the works.
2. Conditions for copyright protection for choreographic works
To be protected by copyright, choreographic works must meet the following conditions:
- The work must be original. Originality means that the work must be formed from the author’s creative labor, not copied from a whole or part of another work.
- The work must be shaped in a certain physical form. That means, a choreographic work must be completely designed and choreographed from content to form, form a theatrical work, or be recorded to qualify for protection. Individual dance movements are not considered theatrical work and are not protected by copyright. In addition, choreographers and screenwriters can record their scripts, ideas as well and implementation steps in writing for more complete protection. If the work is only in the form of thoughts and ideas and has not been put into practice, it is not protected.
- Conditions on the subject of copyright: Being a Vietnamese or foreign organization or individual whose work is published for the first time in Vietnam but has not been published in any other country; is a Vietnamese or foreign organization or individual whose work is published simultaneously in Vietnam within 30 days from the date that work is first published in another country; are foreign organizations and individuals whose works are protected in Vietnam under international copyright treaties to which Vietnam is a member.
Above is the article “How to protect copyright for choreography?”. We hope this article is useful to you.
