Recently, on the Law Library’s New Titles List, Choreographing Copyright: Race, Gender and
Intellectual Property Rights in American Dance by Anthea Kraut (KF 3054.C56 K73 2016) caught my eye.
The book gives, as the author suggests, “what might be
considered a counter history of choreographic copyright in the United States,” examining
the raced, classed, and gendered aspects of attempts by dance-makers in the
United States to control the circulation of their choreography. Not until 1976
did U.S. federal copyright law officially
recognize choreographic works as a protectable class, but efforts by U.S.
dancers to exert rights over their choreography began in the 19th
century.
The book uses case studies to demonstrate how race, class,
and gender have intersected with attempts by choreographers to protect their
work at different historical moments. It tells the stories of African American
pantomimist Johnny Hudgins in the early decades of the twentieth century, early
white modern dancer Loie Fuller at the end of the nineteenth century, and many
others including well-known
choreographers George Balanchine and Martha Graham whose copyright cases went
to trial and helped define how we see “work for hire” in the creative arts.
A dense book, with vivid stories and images Choreographic Copyright will challenge
the way you think about ownership of dance works, and question how the choreographer’s
frequent status as “other” lead to diminished intellectual property protection.
Brining history to dance today, Kraut delivers a fascinating examination of Beyonce’s
unauthorized reproduction of De Keersmaeker’s “Rosas danst Rosas” choreography for her own “Countdown” video. It appears the parties
reached a settlement, but the fascinating story highlights the tension still
seen today between the art and the commercial society the work inhabits.
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