Can Copyright Law Perform the Perfect Fouette? Keeping Law and Choreography on Balance to Achieve the Purposes of the Copyright Clause

Abstract

Just like performing the perfect fouette turns, the success of copyright law is dependent upon balance and staying in the same place. The law functions to protect the economic value of artists' creations and to persuade artists to continue creating works that are beneficial to society. As a foundational principle, copyright law must maintain a balance between rewarding artists with protection and over-granting copyrights to the point that too much material is protected and rendered "off-limits, leaving artists uninspired or unable to create. A ballerina who attempts to perform fouettes without properly supporting her arms or "spotting" her head loses her focus and has no hope of completing each revolution in the same place. Her balance will be thrown off and those potentially perfect fouettes will be compromised. Similarly, amendments to the current legal framework to specifically accommodate the interests of choreographers will interfere with the law's focus and throw off its balance, rendering the law incapable of achieving the dual purposes of the Copyright Clause. Thus, copyright legislation should not be altered to make it easier for choreographers to obtain copyright protection. To continue performing perfect fouettes, copyright law must remain in the same place, turning and inspiring. choreographers to continue creating beautiful dances.

Part II of this Comment provides an overview of the historical and constitutional purposes of copyright law and examines the law's efforts to protect choreography prior to the 1976 Act. Part II also discusses the rise of dance in America and observes the ways in which choreographers protected their creations prior to the extension of copyright law to "choreographic works." Part III explains copyright law, concentrating on the 1976 Act and its particular application to choreography. Part IV begins by discussing why choreographers were slow to utilize the extension of copyright protection and then presents critics' suggestions to make copyright protection more appealing to choreographers. Part V assesses the merit of these proposals with regard to the principles of the Copyright Clause and proposes alternative solutions to this issue beyond simply amending copyright legislation. Part VI concludes by reasserting the need to maintain the proper balance in copyright law by preserving the current legal framework.