05. The purpose of copyright law and choreography copyright

This article reflects the copyright landscape in South Korea, where XSTAGE operates.

Choreography is a creative and artistic endeavor. However, choreographers often face challenges protecting their rights, as copyright for their creations remains poorly defined, leading to disputes. In this article, we'll examine how to protect choreographers' rights under copyright law, illustrated with various examples.

The Purpose of Copyright Law and Choreography Copyright

Article 1 of the Copyright Act states its purpose as follows:

"The purpose is to contribute to the improvement and development of culture and related industries by protecting the rights of authors and rights adjacent thereto and promoting the fair utilization of works." This demonstrates that copyright law aims not only to protect creators but to foster cultural development by balancing creation and utilization.

Choreography and Copyright Article 4 of the Copyright Act designates "theater and dance" as protected works, legally safeguarding creators' rights. While choreography can receive copyright protection when it demonstrates creativity and originality, the current protection standards remain unclear, leading to frequent disputes.

Protecting Choreographers' Rights

Based on copyright law's purpose, we propose these measures to protect choreographers' rights:

(1) Strengthen Copyright Registration Since choreography is a creative artistic work, copyright registration is crucial for legal protection.

Registration establishes clear creator rights and shifts the burden of proof to challengers in disputes. Organizations like the Copyright Board should streamline the registration process to make it more accessible.

(2) Define Creativity Standards Disputes often arise because the criteria for determining creative content remain ambiguous.

Clear standards based on originality, individuality, and distinguishability would help determine copyright infringement objectively.

(3) Establish Fair Use Guidelines and Copyright Education Protecting choreography requires balancing creator rights with social benefit.

Clear guidelines for fair use—including education, non-commercial research, and fan activities—would promote wider utilization. Enhanced education would help both creators and users better understand copyright principles.

Conclusion: Protecting Choreographers' Rights

Copyright law aims to promote cultural development by balancing creator and user interests. Without proper protection for choreographers' work, creative motivation diminishes, impeding cultural progress.

Protecting choreographers' rights extends beyond serving one group—it helps build a rich, sustainable culture for our society. We hope to create an environment where choreographers can exercise their rights and focus on creation, guided by copyright law's principles. 😊