Can I patent a dance move?

Can I Patent a Dance Move?

Choreographers, dancers, and entertainment professionals frequently ask whether innovative dance moves can be protected through the patent system. Understanding the patentability of choreography requires examining how dance intersects with intellectual property law and the appropriate protection mechanisms available.

Dance Moves and Patent Eligibility

Basic Patent Requirements

For any innovation to qualify for patent protection, it must satisfy several fundamental criteria:

• Novelty - The invention must be new and not previously disclosed
• Non-obviousness - The invention must not be obvious to someone skilled in the relevant field
• Utility - The invention must serve a useful purpose
• Patent-eligible subject matter - The invention must fall within categories of patentable subject matter

The United States Patent and Trademark Office (USPTO) evaluates these requirements during the patent examination process.

Why Dance Moves Generally Cannot Be Patented

Dance moves typically do not qualify for patent protection for several key reasons:

• They represent artistic expression rather than technological innovation
• They do not solve technical problems or demonstrate utility in the patent sense
• They fall under the category of choreographic works, which are specifically protected by copyright
• They lack the technical or functional character required for patent eligibility

The Manual of Patent Examining Procedure (MPEP) indicates that artistic expressions, including choreography, fall outside patent-eligible subject matter.

Appropriate Protection for Dance Choreography

Copyright Protection

While patents are inappropriate for dance moves, copyright law provides the proper form of protection:

• Copyright protects original works of authorship fixed in a tangible medium
• Choreographic works are explicitly listed as a protected category
• Protection arises automatically upon creation, though registration provides additional benefits
• Copyright protection lasts for the author's life plus 70 years (for works created after 1978)

The U.S. Copyright Office specifically includes choreography in its protected categories of works.

Requirements for Copyright Protection of Dance

For choreography to qualify for copyright protection:

• The dance must be original (independently created with minimal creativity)
• The choreography must be fixed in a tangible medium (video recording, notation system, etc.)
• The dance must be more than simple routines or social dance steps
• The work must constitute a coherent compositional whole

Martha Graham Dance Company has successfully registered copyrights for numerous choreographic works, protecting the specific expression of movements in complete dance pieces.

Limited Patent Possibilities Related to Dance

Training Methods and Equipment

While dance moves themselves aren't patentable, related technical innovations might qualify:

• Specialized dance training apparatus (A63B)
• Technical methods for capturing or analyzing movement (G06T)
• Wearable technology specifically designed for dancers (A63B24)
• Performance enhancement equipment with technical innovations

Capezio, a dance apparel and footwear company, has obtained patents for technical innovations in dance shoe design and construction.

Virtual Reality and Motion Capture Systems

Technical systems for dance might qualify for patent protection:

• Motion capture technology for dance (G06T7/73)
• Virtual reality dance instruction systems
• Interactive dance performance platforms
• Specialized feedback mechanisms for dancers

These patents would cover the technical systems rather than the choreography itself.

Strategic Protection for Choreographers

Copyright Registration Process

To secure copyright protection for choreography:

1. Document the dance through video recording, notation, or detailed descriptions 2. Complete copyright registration application (Form PA) 3. Submit required materials to the U.S. Copyright Office 4. Pay the required fee ($45-$65 for most basic registrations)

The American Dance Guild recommends thorough documentation of choreography for evidence in potential disputes.

What Copyright Protects in Dance

Copyright protection for choreography covers:

• The specific sequence and arrangement of movements
• The expressive elements of the dance
• The compositional whole of the choreographic work
• Distinctive elements that define the choreography

Copyright does not protect basic dance steps, social dance movements, or standard ballet positions, as these are considered building blocks similar to words or musical notes.

Licensing and Attribution

For choreographers seeking to protect their work while allowing performances:

• Develop standard licensing agreements for performances
• Specify attribution requirements
• Establish royalty structures for commercial uses
• Document authorized performances and adaptations

Alvin Ailey American Dance Theater implements comprehensive licensing policies for their choreographic repertoire.

Industry Organizations and Resources

Several organizations provide support for protecting choreographic works:

• Dance/USA offers intellectual property resources for choreographers
• The Dance Notation Bureau assists with documenting choreography
• The Dramatists Guild provides contract templates for performing arts
• The Copyright Alliance offers educational resources on dance protection

These organizations help choreographers navigate the complexities of protecting their creative work.

Questions about Dance Move Protection

What's the Difference Between Patentable Movement Technology and Copyrightable Choreography?

The distinction between patentable movement technology and copyrightable choreography centers on functionality versus artistic expression. Patentable movement technology solves specific technical problems through functional means—for example, a specialized shoe design that enhances stability during pirouettes, a technical apparatus that improves balance training, or a motion-tracking system that provides biomechanical feedback to dancers. These innovations are evaluated based on their technical merit and problem-solving capability. Copyrightable choreography, by contrast, represents artistic expression through movement, evaluated on originality and creative arrangement rather than technical utility. While a dance move expresses artistic ideas, a patentable technology implements functional solutions. This distinction explains why Michael Jackson's iconic "anti-gravity lean" from "Smooth Criminal" wasn't patentable as a dance move, but the specially designed shoes that enabled the movement received patent protection as functional technology. When developing protection strategies, focus patent applications on technical mechanisms, equipment, or systems that enable or enhance dance performance, while using copyright registration to protect the choreographic expression itself. The most comprehensive protection often combines both: copyright for the choreography and patents for any novel technical methods or equipment developed to execute or teach the movements.

How Much Originality Is Required for Copyright Protection of Dance Movements?

Copyright protection for dance requires only a modest level of originality—the choreography must be independently created and exhibit minimal creativity beyond basic movements. While individual steps or simple routines aren't protected, combinations of movements that demonstrate creative choices can qualify. Courts apply the "choreographic building blocks" principle: basic positions (like plié or arabesque), standard social dance steps, and common transitions function like words in language or musical notes—they remain freely available for all to use, while their creative arrangement receives protection. Significant protection typically requires a coherent sequence incorporating multiple elements with demonstrable creative choice in selection, arrangement, and timing. Originality is evaluated in context; even incorporating traditional movements can create protectable choreography if arranged in a distinctive manner. For maximum protection, document deliberate creative choices in your choreographic process, highlighting elements that differentiate your work from conventional arrangements. While registration isn't required for copyright to exist, the Copyright Office examines works for minimal creativity before registration, occasionally rejecting applications for extremely simple movement sequences or purely functional exercise routines. The threshold remains relatively low compared to patent standards—you needn't create revolutionary movement vocabulary, but must demonstrate some independent creative arrangement beyond the obvious or purely functional.

Can I Protect a Signature Dance Move Used in Performances or Social Media?

Individual signature dance moves, like those popularized in performances or on social media, generally receive limited intellectual property protection. Copyright typically doesn't protect individual movements or simple routines—the "Floss," "Milly Rock," or "Dab" alone wouldn't qualify for copyright as they're considered too basic or brief to meet the originality threshold for choreographic works. However, several strategic approaches can provide some protection: First, incorporate your signature move into a longer, more complex choreographic sequence and register the entire composition for copyright protection. Second, build brand association through consistent use, potentially developing trademark protection if the move becomes distinctively associated with you as a source identifier (similar to how Timberlake's name is associated with certain movements). Third, consider creating instructional or performance videos featuring the move, which would be copyright protected as audiovisual works even if the move itself isn't protected. Fourth, develop licensing agreements when authorizing others to use your movement in commercial contexts, establishing a paper trail of ownership. Finally, for commercially valuable moves, pursue patent protection only if you've developed specialized technical equipment that enables the movement. While recent litigation over dance moves in video games (notably involving Alfonso Ribeiro's "Carlton Dance" and various moves used in Fortnite) has raised awareness of these issues, courts have generally maintained high thresholds for protecting individual movements, emphasizing the distinction between brief movements and protectable choreographic compositions.

How Do I Document My Choreography for Maximum Legal Protection?

Comprehensive documentation provides the foundation for effective legal protection of choreography. Start with high-quality video recording from multiple angles, ideally using both wide shots capturing the full performance and close-ups highlighting distinctive elements. Supplement video with written documentation—either formal dance notation systems like Labanotation or Benesh Notation (particularly valuable for complex works) or detailed written descriptions specifying movement sequences, timing, spatial patterns, and stylistic elements. Create supplementary documentation including choreographic notes, rehearsal materials, development sketches, and creation timelines that establish your creative process and ownership. For collaborative works, maintain clear written agreements specifying rights allocation between choreographers, dancers, and composers. Register your work with the U.S. Copyright Office using Form PA, submitting both video recording and written documentation as deposit materials. Consider depositing additional materials with the Dance Notation Bureau or similar organizations that maintain choreographic archives. Implement digital protection measures by watermarking videos, using content identification systems on platforms like YouTube, and maintaining controlled access to high-quality documentation. Finally, maintain a performance history record documenting when, where, and by whom the work was performed, establishing public recognition of your authorship. This multi-layered documentation approach creates robust evidence of creation, originality, and ownership that proves invaluable in potential disputes or licensing negotiations.

How Does International Protection for Dance Choreography Work?

Dance choreography receives fairly consistent international protection through copyright systems, though important variations exist across jurisdictions. The Berne Convention, with 179 member countries, establishes automatic copyright protection for choreographic works without requiring registration—your dance is protected in all member nations the moment it's fixed in tangible form (typically through video recording or notation). Protection terms generally align with the creator's lifetime plus 50-70 years, depending on the country. Despite this standardized framework, cultural and legal differences affect choreographic protection: France and other civil law countries recognize strong "moral rights" protecting attribution and integrity of choreographic works beyond economic rights; Germany provides specific protection for dance performances separate from choreographic copyright; and China has recently strengthened choreographic protection but maintains distinctive requirements for originality assessment. For maximum international protection, register your choreography in your home country, which provides valuable documentation recognized internationally. Consider registrations in major dance markets (US, UK, France, Germany, Japan) for commercially valuable works. When licensing choreography internationally, develop territory-specific agreements addressing local performance rights organizations, cultural institutions, and legal requirements. Digital protection becomes particularly important internationally—implement technological protection measures like watermarking, establish relationships with international performing rights organizations, and monitor global platforms for unauthorized usage. For educational purposes, the international dance community generally recognizes limited exemptions for teaching and academic study, though these vary significantly by country.