How to Copyright a Dance

A dance is eligible for copyright if it represents a coherent whole, rather than individual moves. If you're a choreographer, learn how to protect your work.

Find out more about registering a copyright

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Updated on: August 21, 2025
Read time: 7 min

If you create choreographed dances on platforms like TikTok, your creations may be eligible for copyright protection. Copyright law views dance as a creative work with intellectual property rights. But, it must be a coherent whole performance and not just an individual move.

Especially in the current rapidly evolving digital landscape, it's essential to understand choreography copyright to protect your creative expression and ensure you benefit from your artistic innovations.

Key takeaways

  • Choreography copyright protects original dances that exist on paper or video in a way that others can reference and recreate. The dance also needs to involve a series of unique dance moves that that artist composed into a coherent whole.
  • Copyright protection begins automatically when your choreography is recorded, but registration provides additional legal benefits that can help you enforce your claim.
  • You can register a choreography copyright through the United States Copyright Office by filing a performing arts copyright application.
  • Securing music permissions is crucial when creating choreographed works, as you need rights to the musical composition, plus the sound recording rights if you're using a recorded track.
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Choreography copyright is a form of intellectual property (IP) protection that covers original dance compositions and arrangements. According to the U.S. Copyright Office, choreographic works qualify for protection under federal copyright law as dramatic works. But, it must be original and fixed.

  • Original. You can copyright a dance as long as it's "an original work that consists of the composition and arrangement of related dance movements and patterns organized into a coherent whole," explains Michael Chiappetta, attorney and senior editor in the Intellectual Property & Technology group at Practical Law.
  • Fixed. "There is also a specific requirement that all of the movements or aspects of the choreography be described with enough detail so that the work could be consistently performed," notes Dmitry Lapin, an attorney with Danchuk Law, LLC.

When does choreography copyright protection begin?

Copyright protection for choreography begins the moment you record your original choreography in a "fixed, tangible medium of expression." In other words, once you document your dance in one of the following ways:

  • Record your choreography on video
  • Create a detailed description of written steps, photographs, or drawings
  • Document it through dance notation

While you don't need to register your dance with the U.S. Copyright Office for basic protection, "registering early grants additional protections, including the right to file a lawsuit," says Joseph Mandour, an intellectual property attorney and managing partner of Mandour & Associates.

Eligibility requirements focus on originality, creativity, and the scope of the choreographic work.

  • Originality. Well-known social dances, such as ballroom or line dances, aren't copyrightable material. Choreography based on an existing dance also won't qualify unless it contains enough original expression to distinguish it from the source material.
  • Creativity. Commonplace movements and exercise routines also don't count as choreography under copyright law. Dance choreography needs to demonstrate sufficient creativity and complexity to warrant protection under federal copyright law.
  • Scope. The U.S. Copyright Office doesn't register short dance routines that consist of only a few movements, even if a routine is novel or distinctive.

Based on these restrictions, Chiappetta explains that most TikTok dances don't qualify for copyright protection. However, he notes that "where there is a sufficient combination of body movement, spatial movements, and coordination with musical accompaniment, it's possible for a social media dance to warrant protection."

Are there factors that can strengthen copyright eligibility?

Choreographies that are eligible for registration typically contain at least one of the following elements:

  • It's performed by skilled dancers
  • It's created for audience entertainment
  • It integrates storytelling or thematic elements
  • Its has complex spatial arrangements and formations
  • It's accompanied by a music composition

While copyright protection begins the moment you fix your choreography in a tangible medium, formal registration strengthens your legal position. It creates a public record of your copyright claim, which enables you to seek statutory damages and attorney's fees in infringement cases. 

Step 1: Document your choreography properly

First, document your dance choreography in a tangible form. The U.S. Copyright Office specifically suggests the following formats for choreographic works:

  • Video recordings remain the most common and effective method. The video is meant as an instructional tool, so ensure you're clearly demonstrating every movement.
  • Dance notation generally uses established dance notation systems like Labanotation and Benesh Dance Notation to provide detailed technical descriptions of each movement element.
  • Written descriptions, photographs, or drawings are also valid forms of documentation as long as they show the movements in enough detail that another person could use them to recreate the dance.

Step 2: Prepare your application materials

The Copyright Office registers creative works based on various categories that all take their own registration forms. Dance choreography falls under the category of performing arts. 

You'll generally need the following information and materials to register a standard performing arts application:

  • Title of the work
  • Publication information (has it been published or not? If so, where?)
  • Author's name
  • Names and roles of contributing authors
  • Materials, such as the music accompaniment, that the Office should exclude from your copyright claim
  • Applicants name, address, and signature
  • A copy of your work (video, notation, or instructional documents)

Step 3: File with the U.S. Copyright Office

You can file online through the Copyright Office or mail a paper address to their Independence Avenue address in Washington, DC. To register online, create an account, complete the electronic application, pay the filing fee, and upload a copy of your documented dance.

Here are the filing fees for a copyright application:

  • Standard online application: $65
  • Standard paper application: $125

Step 4: Understand processing times and follow-up

As of 2025, the U.S. Copyright Office typically processes online applications within 1–7 months, while paper applications may take 2–19 months. You'll receive updates about your application status throughout the process. Pay close attention to these updates.

If the Copyright Office requires additional information or clarification, they'll send a message that you need to respond to promptly to avoid delays. Common issues include unclear video quality, insufficient documentation of movements, or disputes about originality claims.

Step 5: Save your copyright records

After you receive your copyright, save copies of your registration certificate and all supporting documentation. You may want to consider registering any derivative works (new choreography based on your copyrighted dance) or significant revisions as separate copyrights to ensure comprehensive protection of your choreographic portfolio.

These exclusive rights form the foundation of your legal protection as a copyright owner and enable you to pursue remedies when others use your choreography without permission.

  • Exclusive performance rights. Copyright grants you the exclusive right to publicly perform your choreographed work. This means others can't perform your choreography in public venues, on television, in films, or on digital platforms without your permission.
  • Reproduction and distribution rights. You control who can reproduce your choreography in any format, including video recordings, written notation, or photographic documentation. This right extends to creating copies for distribution, sale, or licensing to others.
  • Adaptation and derivative work rights. Copyright protection includes the exclusive right to create derivative works based on your original choreography. This covers modifications, arrangements, and new versions that incorporate substantial elements of your original work.

How long does copyright protection last?

All copyright, including choreography, lasts for the lifetime of the author plus 70 years. For works created by multiple choreographers, protection extends 70 years beyond the death of the last surviving creator.

Additional tips for protecting your dance

  • Secure music permissions. When creating choreography to existing music, you typically need permission from multiple copyright holders. Most recorded music involves two separate copyrights: the musical composition (controlled by the songwriter or music publisher) and the sound recording (controlled by the record label or recording artist).
  • Consider royalty-free or original music. If you want to avoid ongoing licensing complications, consider using royalty-free or commissioning original compositions for choreographic works that you intend to use for wide distribution.
  • Generate revenue through licensing. As a choreographer, you can generate revenue by licensing your work to dance companies, theaters, film productions, and other users. Licensing agreements should specify the scope of permitted use, duration, territory, and compensation structure.
  • The Digital Millennium Copyright Act (DMCA). DMCA provides a streamlined process for removing infringing content from online platforms. When you discover unauthorized use of your choreography on social media, video platforms, or websites, you can file a takedown notice.
  • Consider working with a professional service. LegalZoom's copyright services simplify this process by providing streamlined support and handling the technical aspects of copyright registration. We can help you prepare and file your application with the Copyright Office to help ensure errors won't delay the process.

Can you copyright a single dance move?

No, individual dance moves don't receive copyright protection, regardless of their originality or popularity. Copyright law requires choreographic works to constitute a "coherent whole" with sufficient creativity and complexity to warrant protection. Basic, isolated, or athletic movements aren't eligible for copyright.

How much does it cost to copyright choreography?

That depends on your application and filing method. As of 2025, a standard copyright online application fee is $65 and a paper application costs $125. That said, professional video documentation, legal consultation for complex works, or expedited processing fees will cost more.

What's the difference between copyrighting choreography and trademarking a dance?

Choreography copyright protects the artistic expression and creative arrangement of dance movements, while trademark could potentially protect the name of your dance, if it's used in commerce. Trademark protection requires use in commerce and serves to identify the source of goods or services.

A dance name might be eligible for trademark protection if it can be strongly associated with a particular performer or brand, but this is rare and requires extensive commercial use.

How long does choreography copyright last?

Choreography copyright lasts for the lifetime of the choreographer plus 70 years. For collaborative works created by multiple choreographers, protection extends 70 years beyond the death of the last surviving creator.

How do I prove someone copied my choreography?

To prove copyright infringement, you need to demonstrate that the alleged infringer had access to your work and that substantial similarities exist between their dance and yours.

Maintain detailed records of your creative process, including early drafts, rehearsal videos, and performance dates. Register your copyright promptly to establish a public record of your creation date and ownership claim.

Expert testimony from dance professionals can help establish substantial similarity and the likelihood of copying versus independent creation. The more unique and complex your choreography, the stronger your infringement case becomes.

Diane Faulkner contributed to this article.

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.