QUESTION
When is something considered to be intellectual property?
Asked on Aug 30th, 2011 on Intellectual Property - Illinois
More details to this question:
Someone helped choreograph a ballet. When she retired, some similar staging was retained, but all were collaborative efforts with other choreographers. No unique ideas were used except for the idea of narration by a main character, which was decided upon with the help of other choreographers. Now the woman who retired is demanding compensation for intellectual property.
2 ANSWERS
There really is not enough information for a definitive answer, However, generally speaking while the "the idea of narration by a main character" is not protectable, the narration itself would be protectable by copyright. As for the choreography, what was the understanding between the collective group of choreographers, particularly with respect to revenue resulting from performance of the choreography.
Answered on Sep 23rd, 2011 at 4:43 PM
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1 Award
Choreography is covered under the law of copyright. It is not possible to determine from the limited facts of your question what the nature of the contribution by the retiree is to the work. To the extent that your new, collaborative work is deemed to be a "derivative work" of the retiree, it may be an infringement of her copyright. You will want to consult with an attorney who practices in this area to see if there is likely to be a problem. There are numerous defenses available in these kinds of situations, but it may be necessary to act promptly in order to make sure that your rights are preserved. Please call our office if we can be helpful. We practice in this area nationwide and represent dancers and choreographers.
Answered on Aug 30th, 2011 at 11:13 PM