Copyright in choreographic works : a struggle between imitation and inspiration

Abstract

Stemming from the field of intellectual property, copyright of choreographic works is often dismissed on account of the nature of the art form and the limited media available for capturing choreographic works. From a broad perspective, this work deals with copyright protection of choreographic works, defined as ‘Literary works’ in Article 2 of the Maltese Copyright Act, Chapter 415 of the Laws of Malta. This study looks specifically at the prerequisites for effective protection. It mainly focuses on copyright law as it stands in Malta at present, looking into the protection afforded to choreographers, to their choreography, as well as to the concepts and ideas behind their choreography. A comparative perspective is adopted in order to determine what degree of protection a choreographic piece is afforded in different jurisdictions. This provides further insight on the value given to a choreographic piece in Malta when compared to other jurisdictions. The struggle between inspiration and imitation is at the core of this research. The copying of a choreographic work may not be so apparent as with other forms of works, and thus the extent of imitation necessary for a piece to be considered a copy is discussed. This issue is tackled from an inter-disciplinary approach in order to provide a better understanding of the relationship between copyright and choreography. This paper also tackles the limitations of Maltese law, with respect to the protection of choreographic works as opposed to foreign law and any possible advancement in such protection.