In summer 2024, a dancer noticed her choreography had been “stolen.” Courtney Ortiz, a teacher in NYC, discovered one of her combinations from a Steps on Broadway theater jazz class was being taught in Madrid, Spain, and the teacher claimed he created the movement himself. Upon digging around, she uncovered several other choreographers who were victim of the same scenario, both from the teacher in Spain and another in Mexico City.
Copyright law for the arts is tricky to implement in its best form, but becomes even more so when the alleged crime is international. Freelance choreographers are particularly vulnerable as they often don’t have union protection. As a matter of record, the choreographers Dance Informa spoke with for a previous article stated that if either teacher had requested permission or given explicit credit instead of claiming they themselves created the movement, none of this would be a problem.
In this era where posting to social media is necessary self-promote, one risks theft happening. However, choreographers are not without options to protect their work. Steps on Broadway recently held a Town Hall entitled Inspiration or Imitation? A Town Hall on Dance & Plagiarism, with artists as well as two lawyers specializing in the field to educate the dance community about how to navigate complex legal waters and to provide resources for easy access. The evening was moderated by former Dance Magazine Editor-in-Chief, Wendy Perron.
Ortiz, along with Josh Bergasse, spoke about the importance as dance educators to not only teach dance technique but also integrity. There is a long history of not crediting choreographers in film and tv, but this practice in any form is wrong and needs to be changed. Both agreed that acknowledging how often this happens is the first step toward changing attitudes and standards to better protect and value the work choreographers do.
Additionally, lawyers Staci Trager and Gabby Viccarelli shared the current legal options for choreographers to protect their work. Notably, they mentioned there are often pro bono options for artists seeking counsel and the best thing to do is become curious about your options. Viccarelli is an advisor of the Choreographers Guild, an organization for creators to support each other and the work they do. A performer herself, she spoke about her succinct “Copyright Chassé” for dance educators regarding the legal rights in place: Create original work, Have exclusive rights, Assert your rights, Seek compensation, Statutory damages, and Engage legal counsel. Knowing these rights is important, as dance has not been litigated in the courts as much as other art forms, making precedent elusive.
The intersection of the law and dance is far from clear, but working toward a greater understanding of the options that do exist, educating students along the way about the integrity required for a successful dance career, and continuing open discussions on the topic will only allow for more clarity around the rights of creatives. Since fearlessness is paramount in creating great art, all steps that encourage curiosity and development of work are valid and vital as technology evolves.
By Emily Sarkissian of Dance Informa.
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