Posts Tagged: "Fourth Estate Public Benefit Corporation v. Wall-Street.com"

Copyright for Choreography: When is Copying a Dance a Copyright Violation?

Recent news reports about choreographer JaQuel Knight’s efforts to copyright some of his iconic dance routines, such as Beyoncé’s “Single Ladies,” are a reminder that such works face steep hurdles when it comes to qualifying for protection. From ballet to breakdance and Swan Lake to Saturday Night Fever, dance is part of every culture—and a surprisingly frequent source of intellectual property conflict. While works of dance clearly are eligible for copyright protection under Section 102(a)(4) of the Copyright Act, determining which dances meet the standard—and which have two left feet—has been tricky and has resulted in a number of high-profile disputes in recent years. However, a recent U.S. Supreme Court ruling in an unrelated copyright dispute may provide important guidance in subsequent dance-related copyright litigation.

Litigating Copyrights: Is Registration required to get into Court?

While registration is required in order to file a lawsuit for copyright in federal court, there is currently a circuit split with regard to what part of the process must be complete in order to meet the “registration” standard.  According to 17 U.S.C. §411(b), “no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made.”  The question that circuit courts seem to be divided on is whether “registration” is satisfied when a Copyright Registration is received, or when an application has been filed. On June 28, 2018, the Supreme Court agreed to weigh in. The case at issue is Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, which arises out of the Eleventh Circuit.