The Issue of Copyright Protection Boundaries for Iconic Movements in Dance Works-Taking "Only This Green" as an Example
DOI: https://doi.org/10.62517/jel.202614314
Author(s)
Ruyu Yin
Affiliation(s)
Qilu Institute of Technology, Jinan, Shandong, China
Abstract
Copyright protection of iconic movements in dance works is an emerging issue in copyright law, with core controversies focusing on defining the scope of protection, standards for determining originality, and rules for determining substantial similarity. The widespread adoption of digital communication technologies has continuously expanded the reach of dance works, leading to more diverse and covert forms of infringement involving iconic movements. This paper takes the dance drama "Only This Green" as a case study, examining the creation and dissemination of its iconic movements, such as the "green waist," to clarify the legal definitions and conditions for protection of dance works and iconic movements. It analyzes the challenges in judicial practice, including ambiguous scope of protection, inconsistent determination of originality, lack of rules for determining substantial similarity, and difficulties in distinguishing movements in the public domain. From four dimensions-clarifying the scope of protection, unifying standards of determination, refining determination methods, and defining the boundaries of normative application-this paper proposes specific pathways to improve the boundaries of copyright protection for iconic movements in dance works. This research can provide theoretical reference and practical guidance for judicial practice of dance copyright in China, offer stable legal support for the protection of the rights of dance creators, and promote the healthy development of dance art creation and cultural dissemination.
Keywords
Dance Work; Signature Movements; Copyright Protection; Boundaries of Protection; "Only This Green"
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