{"id":1762,"date":"2022-01-17T14:38:58","date_gmt":"2022-01-17T14:38:58","guid":{"rendered":"https:\/\/blogs.luc.edu\/ipbytes\/?p=1762"},"modified":"2024-07-13T07:21:18","modified_gmt":"2024-07-13T07:21:18","slug":"dancing-into-intellectual-property-law","status":"publish","type":"post","link":"https:\/\/blogs.luc.edu\/ipbytes\/dancing-into-intellectual-property-law\/","title":{"rendered":"Dancing into Intellectual Property Law"},"content":{"rendered":"<p>I unknowingly have been interested in intellectual property law, specifically copyright law, since I attended dance classes as a child. When I was about 10, I began to wonder why certain songs were chosen and others were not for our annual productions. Why could we perform to <a href=\"https:\/\/www.michaeljackson.com\/the-artist\/\">Michael Jackson songs<\/a> while wearing white, sparkly gloves, but we were not allowed to dance to Disney songs from \u201cThe <a href=\"https:\/\/movies.disney.com\/the-lion-king\">Lion King<\/a>.\u201d<!--more--><\/p>\n<p><strong>A Partial Answer<\/strong><\/p>\n<p>I asked my dad. He asked my dance teacher. She explained that the songs are copyrighted. The studio purchases licenses via different <a href=\"https:\/\/www.ascap.com\/\">agencies<\/a> to use the songs in our performances. The reason we did not dance to Disney songs was because Disney licenses were expensive. And, Disney characters too. She said that Disney could prevent us from dressing as lions and dancing to \u201c<a href=\"https:\/\/cocatalog.loc.gov\/cgi-bin\/Pwebrecon.cgi?v1=15&amp;ti=1,15&amp;SAB1=Circle%20of%20Life&amp;BOOL1=all%20of%20these&amp;FLD1=Title%20%28TKEY%29%20%28TKEY%29&amp;GRP1=AND%20with%20next%20set&amp;SAB2=Disney&amp;BOOL2=as%20a%20phrase&amp;FLD2=Name%20Claimant%20%20%28KCLN%29%20%28KCLN%29&amp;CNT=25&amp;PID=jfGSAJvSmypEh73lIV2BoVm-xM7LDv9&amp;SEQ=20220116125506&amp;SID=3\">The Circle of Life<\/a>.\u201d<\/p>\n<p>This explanation made perfect sense to me until Nutcracker season came around. Every year we put on a production of Tchaikovsky\u2019s \u201cThe <a href=\"http:\/\/www.fordhamiplj.org\/2018\/10\/30\/how-the-nutcracker-came-alive-choreography-copyright-and-a-christmas-classic\/\">Nutcracker<\/a>.<em>\u201d <\/em>We danced the <a href=\"https:\/\/northernballet.com\/the-nutcracker\/the-nutcracker-story\">traditional story<\/a> in traditional <a href=\"https:\/\/wwd.com\/fashion-news\/fashion-scoops\/costumes-new-york-city-ballet-the-nutcracker-1203395983\/\">Nutcracker costumes<\/a>. \u00a0If we were only allowed to use songs from \u201cThe Lion King\u201d and not act out anything resembling the story, why were we allowed to do the full production of \u201cThe Nutcracker\u201d?<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"alignnone size-medium wp-image-1819\" src=\"http:\/\/blogs.luc.edu\/ipbytes\/files\/2022\/01\/chris-briggs-jdtY0qfaUDY-unsplash-200x300.jpg\" alt=\"\" width=\"200\" height=\"300\" \/><\/p>\n<p>This question nagged me until law school.<\/p>\n<p><strong>The Long-Awaited Answer<\/strong><\/p>\n<p>First-year law students at <a href=\"https:\/\/www.luc.edu\/law\/\">Loyola<\/a> are required to take Property Law their first semester. It was in the intellectual property portion of <a href=\"https:\/\/www.luc.edu\/law\/faculty\/facultyandadministrationprofiles\/paradise-jordan.shtml\">Professor Paradise\u2019s<\/a> class where my Nutcracker question was answered.<\/p>\n<p>I learned that <a href=\"https:\/\/www.copyright.gov\/help\/faq\/faq-general.html\">copyright law<\/a> protects an author\u2019s original work if it is fixed in a tangible medium of expression with minimal creativity. But copyright does not last forever. Generally, <a href=\"https:\/\/www.copyright.gov\/help\/faq\/faq-duration.html\">copyright protection ends<\/a> seventy years after the author dies.<\/p>\n<p>Tchaikovsky wrote \u201cThe Nutcracker\u201d in 1892. It is in the <a href=\"https:\/\/fairuse.stanford.edu\/overview\/public-domain\/welcome\/\">public domain<\/a>.\u00a0 This means the work is no longer protected by copyright law. The public owns the works. \u201cThe Lion King,\u201d on the other hand, is not in the public domain. Hence the hefty licensing fee to the copyright owner, Disney. This is why we could easily perform the \u201cNutcracker\u201d but would have to pay a large sum of money to dance to \u201cThe Lion King.\u201d<\/p>\n<p><strong>Technical Background Worries<\/strong><\/p>\n<p>Now that my question was finally answered, my interest in intellectual property continued to grow. However, I was quickly disheartened. I was under the impression that you needed a <a href=\"https:\/\/www.uspto.gov\/learning-and-resources\/patent-and-trademark-practitioners\/becoming-patent-practitioner\">technical background<\/a> to pursue any career in intellectual property \u2014 \u00a0like an engineering degree or a degree in the hard <a href=\"https:\/\/www.uspto.gov\/sites\/default\/files\/documents\/OED_GRB.pdf\">sciences<\/a>, for example chemistry. Because of this, I started to regret switching my major in college from computer engineering to history and political science. (But upon further reflection, there was no way I would have survived college as a computer engineer. It just was not for me.)<\/p>\n<p>Then I attended a small networking event at Loyola hosted by <a href=\"https:\/\/www.luc.edu\/law\/faculty\/facultyandadministrationprofiles\/ho-cynthia.shtml\">Professor Ho<\/a>. There I learned the <a href=\"https:\/\/abovethelaw.com\/2017\/09\/so-you-want-to-be-an-ip-lawyer-without-a-technical-background-part-1\/\">differences<\/a> between types of intellectual property including copyright, <a href=\"https:\/\/www.law.cornell.edu\/wex\/trademark\">trademark<\/a>, <a href=\"https:\/\/www.uspto.gov\/ip-policy\/trade-secret-policy\">trade secrets<\/a>, and <a href=\"https:\/\/www.law.cornell.edu\/wex\/patent\">patent law<\/a>. <a href=\"https:\/\/www.legalzoom.com\/articles\/understanding-soft-intellectual-property\">Soft IP<\/a> does not require a technical background, whereas <a href=\"https:\/\/patentlyo.com\/patent\/2021\/09\/background-requirement-attorney.html\">certain patent law practices<\/a> do. I was thrilled to learn that my undergraduate major change would not prevent me from pursuing a career in intellectual property.<\/p>\n<p><strong>Copyright and Choreography <\/strong><\/p>\n<p>At this networking event I met a third-year law student who had spent the previous summer working for a law firm specializing in copyright law regarding <a href=\"https:\/\/www.soulonewyork.com\/blog-posts\/what-is-choreography\">choreography<\/a> for various dance companies, such as <a href=\"https:\/\/www.alvinailey.org\/\">Alvin Ailey<\/a>. I had no idea that choreography could be copyrighted, but I immediately knew that I wanted to learn more. Although I did not know it at the time, she unknowingly pushed me down the intellectual property path.<\/p>\n<p>This conversation prompted me to take copyright law. Learning the ins and outs of copyright law brought me full circle. All the questions I had as a young dancer have been answered. But now I have many more, especially regarding the innerworkings of copyright law and choreography.<\/p>\n<p><em><img loading=\"lazy\" decoding=\"async\" class=\"alignnone size-medium wp-image-1820\" src=\"http:\/\/blogs.luc.edu\/ipbytes\/files\/2022\/01\/IMG_0243-200x300.jpg\" alt=\"\" width=\"200\" height=\"300\" \/><\/em><br \/>\n<em>Madeleine Morris<\/em><br \/>\n<em>Associate Blogger<\/em><br \/>\n<em>Loyola University Chicago School of Law, J.D. 2022<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>I unknowingly have been interested in intellectual property law, specifically copyright law, since I attended dance classes as a child. When I was about 10, I began to wonder why certain songs were chosen and others were not for our annual productions. Why could we perform to Michael Jackson songs while wearing white, sparkly gloves, but we were not allowed to dance to Disney songs &hellip; <a href=\"https:\/\/blogs.luc.edu\/ipbytes\/dancing-into-intellectual-property-law\/\" class=\"more-link\">Continue reading <span class=\"screen-reader-text\">Dancing into Intellectual Property Law<\/span><\/a><\/p>\n","protected":false},"author":36,"featured_media":4042,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[355],"class_list":["post-1762","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-why-loyola","tag-why-loyola"],"_links":{"self":[{"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/posts\/1762","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/users\/36"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/comments?post=1762"}],"version-history":[{"count":2,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/posts\/1762\/revisions"}],"predecessor-version":[{"id":4266,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/posts\/1762\/revisions\/4266"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/media\/4042"}],"wp:attachment":[{"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/media?parent=1762"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/categories?post=1762"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/tags?post=1762"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}