Dancers & Copyright. INFORMATION SHEET G041v09 December

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1 INFORMATION SHEET G041v09 December 2014 Dancers & Copyright In this information sheet we give a brief overview of copyright law as it relates to dancing. If you are filming or recording a dance performance see also our information sheet Performersʼ Rights. The purpose of this information sheet is to give general introductory information about copyright. If you need to know how the law applies in a particular situation, please get advice from a lawyer. Key points Dance choreography can be protected by copyright as a dramatic work if it is recorded in some way, such as stepsheets, storyboards, and other forms of notation as well as sound recordings and video footage. If dance choreography is protected by copyright, permission should be obtained for a public performance. Generally, permission is needed to play music in public and to record music (for rehearsal purposes or to film a performance to music). When is a dance protected by copyright? A dance will be protected by copyright if it meets all of the following requirements: it is a dramatic work for the purposes of copyright law; it is original ; and it is captured in some way. If all three of these requirements are fulfilled, the dance will be protected by copyright. Is a dance a dramatic work? Dramatic work is defined in the Copyright Act 1968 to include: a choreographic show or other dumb show; and a scenario or script for a cinematographic film; but does not include a cinematograph film as distinct from the scenario or script for a cinematograph film. Generally, shows such as Tap Dogs or Riverdance are protected by copyright as dramatic works, because they are choreographic shows. A ballet such as Swan Lake may also be a choreographic show. Also, choreography which is incorporated into a theatrical production, such as the musical Wicked, may be protected as part of the dramatic work in which it is performed or, in some cases, as choreographic show in its own right.

2 Australian Copyright Council Information Sheet G041v09 Dancers & Copyright 2 If you have created a show that incorporates dance, the choreography may be protected as a dramatic work. Alternatively, if the choreography is to be performed as part of a theatrical production, it may be protected as part of that production. On the other hand, if your dance is not a dramatic work because it is improvised or not capable of being reduced to choreographic notation, it is not protected. Is my dance original enough for copyright protection? If the dance meets the requirement of being a dramatic work, it must also be original in order to be protected by copyright. To be considered to be original a dance must be more than a mere copy of something else and it must involve human skill and labour. Is your dance captured in some way? A dance must also be recorded in a material form to be protected by copyright. This means that it is documented in some way for example, by being recorded notated form or recorded on video. If the dance is improvised or passed on by word of mouth, and is not physically recorded in some way, is not protected. The nature of copyright protection for a dance The owner of copyright in a dramatic work has exclusive rights to: reproduce the work: for example, by videotaping performances of it; communicate the work: for example, by broadcasting a performance of it, ing a digital file showing a performance or notation of the work or putting such a file on a website; publish the work: that is, make it public for the first time adapt the work, for example, to make a book based on it; and perform the work in public: that is, perform it outside the domestic context. This means that if you want to perform dance choreography created by someone else, you will generally need to get permission from the person who owns copyright (usually the creator). You should also note that the creator of a piece of a dramatic work has moral rights in relation to it, whether or not they own the copyright (see below, under the heading "Moral rights"). Frequently Asked Questions (FAQs) Do I need permission to perform a dance? One of the exclusive rights of the copyright owner in a dramatic work such as a choreographed dance is the right to perform the work in public. As such, you will need permission to perform a dance in public. This means all performances of the work other than those that occur in a private or domestic setting for friends or family. I want people to be able to dance my dance can I grant a blanket permission? If the dance is not protected by copyright, people do not need permission to perform it. If it is protected, one way to notify people that you want people to be able to dance your dance would be to put a statement to this effect on your dance stepsheets or other notation.

3 Australian Copyright Council Information Sheet G041v09 Dancers & Copyright 3 When is a dance sheet protected by copyright? Copyright protects literary works which may include a written description of the steps of a dance. For example, dance sheets written for people to take home to learn the steps to a dance may be protected by copyright. A dance sheet may be protected by copyright whether or not the dance itself is protected by copyright. What rights do owners of copyright in a dance sheet have? Owners of copyright in a dance sheet have a number of exclusive rights. For example, it is the exclusive right to reproduce the work (for example, by photocopying it, copying it by hand, or scanning it into a computer) and the exclusive right to communicate the work to the public (for example, via or from a website). This means that if you wanted to make copies of a dance sheet, or copies to people, or put someone elseʼs dance sheet onto a website, you would generally need permission from the copyright owner. Note that a person who creates a dance sheet will generally have the right to be attributed as the creator of that particular dance sheet. Note also that this right is separate to any rights he or she might have as a copyright owner, and may apply whether or not that person owns copyright in the dance sheet. For further information see our information sheet Moral Rights. I want people to be able to copy my dance sheet can I grant a ʻblanket permissionʼ? Copyright owners may give other people permission to use their works. Many people who write up dance sheets are happy for other people to copy and distribute their dance sheets for free. One way to notify people of the uses you will and will not allow is to put a statement on your dance sheets. For example, you may put a statement on the dance sheet stating that people can copy it provided that your name is left on the dance sheet to let people know that you are the author of that sheet. Are dance sheets published on the Internet in the public domain? Material that is on the internet is protected by copyright in the same way as material that is available in other forms, such as in print. If you want to print or download a dance sheet from the internet, you generally need permission from the copyright owner. Sometimes a copyright owner will publish a notice with their works that gives information about whether the works may be downloaded and reproduced for certain purposes. For example, our dance sheets may be downloaded from the internet and photocopied for a non-profit purpose. If no notice appears with the work, you should not assume that it may be used freely. However, in some cases there may be an implied licence to print a copy: for example, if there is a link to a pdf version via a printer friendly button. For more information, see our information sheet Internet: Copying & Downloading. Will I avoid infringing copyright by making alterations to a dance sheet? Merely making alterations to a dance sheet before copying it will not necessarily avoid infringement. What is important is whether you have copied a substantial part of the original work. A part will be taken to be a substantial part if it is important, essential, material or distinctive to the original material. This is a question of quality over the quantity of the amount taken.

4 Australian Copyright Council Information Sheet G041v09 Dancers & Copyright 4 Is the name of a dance protected by copyright? Names and titles are generally not protected by copyright. However, other laws may apply, such as trade marks and Australian consumer laws. For more information, see our information sheet Names, Titles & Slogans. Can I use other peopleʼs ideas in my dance? Copyright does not protect ideas, information or concepts. However, it does protect the way in which these have been expressed in a material form. Therefore you do not infringe copyright merely by using underlying ideas in inform your dances. For more information, see our information sheet Ideas - Legal Protection. Can I put the copyright notice on my work? The copyright notice is not required for copyright protection in Australia. It notifies people that the work is protected by copyright and identifies the person from whom permission should be sought. If you own copyright in a dance, you can put the notice on your work yourself there is no formal procedure. The notice consists of the symbol, followed by the name of the copyright owner, and the year of first publication. For example: Dancers Co Where do I register my copyright work and how much does it cost? Copyright protection is free and automatic and there is no system of registration for copyright protection in Australia. Copyright protection does not depend upon publication, a copyright notice, or any other procedure. If you have created choreography for a dance or other notation, copyright will protect the work if it is sufficiently original and in a material form. Who owns copyright in a dance? The general rule is that copyright in a dance sheet is owned by the person who created it. However, the situation may be different if a person is an employee and created the work as part of their job, or the person assigned (that is, sold or transferred) the copyright to someone else. For more information, see our information sheet Ownership of Copyright. Do I need permission to play music in public? The Australasian Performing Right Association (APRA) licenses the public performance of music on behalf of copyright owners. Owners of copyright in sound recordings have rights similar to those of songwriters in relation to public performances. The Phonographic Performance Company of Australia (PPCA) is an organisation of record companies, which licenses the public performance of sound recordings on behalf of its members. Our information sheet Music: Playing Music - APRA & PPCA, has further information and contact details for these organisations. Can I make compilation cassettes of music for my classes to dance to? You will usually need permission from copyright owners to tape music. Generally, you will need to contact the owner of copyright in the music and lyrics (usually a music publisher). You will also generally need to contact the owner of copyright in the sound recording (usually a record company) if you are taping from cassettes, records or CDs. The Australasian Mechanical Copyright Ownersʼ Society (AMCOS) and the Australian Record Industry Association (ARIA) may be able to assist you in obtaining permission to make compilation

5 Australian Copyright Council Information Sheet G041v09 Dancers & Copyright 5 tapes. (See in particular, the information from AMCOS, on the recordings in business and the casual licence for DJs. How do I contact a copyright owner? If you are having trouble contacting a copyright owner, you will need to do a bit of detective work. The fact that a copyright owner is hard to find does not mean that you do not need permission to reproduce or perform their work. Dance clubs and associations may be able to assist. Further information For further information about copyright, and about our other publications and seminar program, see our website If you meet our eligibility guidelines, a Copyright Council lawyer may be able to give you free preliminary legal advice about an issue that is not addressed in an information sheet. This service is primarily for professional creators and arts organisations, but is also available to staff of educational institutions and libraries. For information about the service, see Reproducing this information sheet Our information sheets are regularly updated - please check our website to ensure you are accessing the most current version. Should you wish to use this information sheet for any purpose other than your reference, please contact us for assistance. About Us The Australian Copyright Council is an independent, non-profit organisation. Founded in 1968, we represent the peak bodies for professional artists and content creators working in Australiaʼs creative industries and Australiaʼs major copyright collecting societies. We are advocates for the contribution of creators to Australiaʼs culture and economy; the importance of copyright for the common good. We work to promote understanding of copyright law and its application, lobby for appropriate law reform and foster collaboration between content creators and consumers. We provide easily accessible and affordable practical, user-friendly information, legal advice, education and forums on Australian copyright law for content creators and consumers. The Australian Copyright Council has been assisted by the Australian Government through the Australia Council, its arts funding and advisory body. Australian Copyright Council 2014