Norowzian v Arks Ltd, No 2, 1999 FSR 70 and 2000 FSR 363
Citation:Norowzian v Arks Ltd, No 2, 1999 FSR 70 and 2000 FSR 363
Rule of thumb:Do you get copyright over new dance moves & movements? Yes, however, they do actually have to be performed, and if they are photoshopped/video-edited for this to be done then there is no copyright protection for it and others can do this as well.
Judgment:
Where something is physically impossible it cannot gain protection. The facts of this case were that a man was filmed dancing to music. The dancing was edited so that he appeared to be doing things which he was not actually doing. Other people performed similar dances and the editor sought copyright infringement for this. The Court held that this did not attract copyright protection, because the person had not actually done this – it was only the original dance moves which had copyright protection and not the final editing of the film, and it was the final edit which had been put forward to the Court rather than the original moves. The Court did not comment on whether the original dance moves had been copied, just that edited footage was not capable of obtaining copyright protection, ‘Joy, unlike some films, is not a recording of a dramatic work, because as a result of the drastic editing process adopted by Mr Norowzian, it is not a recording of anything that was, or could be , performed or danced by anyone... It may well be... the original unedited film of the actor’s performance... was a recording of a dramatic work...’
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.