Discussion:
What is the name of your state? MD
I belong to a group of dance students. We have formed our own troupe, performing often, sometimes for charities, others for money. We, independently of our instructor, wrote a choreography of which we have performed on our own and for functions she has booked. Now our instructor wants to teach her other students this choreography. We have not registered this choreography. We do not want her or anyone else to use this choreography for any reason. How does the copyright protect us? Please be as detailed as possible. Thank you for your help.
Answer:
Choreography is, in general, copyrightable. However, just like any other copyrighted work, the protections you have are not "self-enforcing." Basically, if you have a copyrighted work, and someone else is performing that work without permission -- infringing on your work -- then you have to take steps to stop them yourself -- it's not like the government or police is going to step in and enforce your copyright for you.
So, if the instructor starts using your copyrighted work, you'll need to retain an attorney and sue the instructor for infringement. Since your work is not copyrighted, all you'll be able to sue for is "actual damages" -- that is, money that you can prove you actually lost due to the infringement. If you registered the copyright prior to the infringing activity, then you could also sue for "statutory damages," which are basically damages set by stattue that you don't have to specifically prove. Further, with a registered copyright, you can sue for injunctive relief -- basically, the court can tell the instructor to stop infringing.
So, first thing to think about is possibly registering your copyright with the copyright office, . You may want to speak with a local attorney, preferably one experienced in copyright law, who can perhaps draft a letter to the instructor telling him or her that they are infringing on a copyrighted work, and to cease and desist. However, if the instructor doesn't stop on his or her own, then your only remedy is litigation.
In the long run, however, you may want to try and work something out amicably with your instructor, because when you start talking about attorneys and the like, things start to get expensive in a hurry, and you'll need to weigh the cost of protecting your work with the value the work has to you.
Start with registering the copyright and talking with your instructor, and see where it goes from there.