Choreography In Public Domain

[dancegrad]

Hi again all, I was hoping for some help. I tried searching on this forum and don't think this has been answered before and am struggling to uncover the correct answer in my google searches. I am currently researching a potential performance opportunity and think I have found a site which contains public domain recordings of classical music (though if you know of any please do share). What I am now struggling to find out is if classical ballet choreography is in the public domain and therefore doesn't require permission from a certain authority to be performed? For example if someone were to perform the blue bird solo would they be able to do so without gaining permission from a trust? I know that all of Balanchine's choreography is held in a trust of which you have to gain permission from them to be able to learn and perform it but is this the same with other choreographers, especially the ones who created the classics? Not sure if there is an answer to this but anything anyone knows would be ever so helpful. 

 

Thank you all in advance for your help x

[Jewel]

In the UK something generally goes into the public domain 70 years after the death of the creator. Choreographers are usually very protective of their work. 
 

As Balanchine died in 1983 there is quite some time to go fir his work. 

[Terpsichore]

I shall write a longer article on this topic in Terpsichore and maybe NIPC Law when I can get round to it but, in the meantime, here are the basics.

 

S.1 (1) (a) of the Copyright Designs and Patents Act 1988 (as amended) defines copyright as a property right which subsists in among other things original literary, dramatic, musical or artistic works.  Most ballets comprise all four of those types of works.   Copyright can subsist in the libretto as a literary work, the choreography as a dramatic work provided it is recorded in some way, the backdrop and fabric of the costumes as an artistic work and the score as a musical work.   

Copyright subsists in each work from its creation and lasts in the case of the above mentioned works for the life of the author plus 70 years (as Jewel has rightly said).  However, that is not necessarily the end of the story because choreography tends to be updated from time to time.     For example, Petipa may have created the work in Russia 130 years ago but it may have been updated by Madam, Ashton, Wright, Bintley and so on and so on.   Each of those additions and revisions is a separate copyright work with its own copyright term.

The same is true of a set design, arrangement of the score and so on and so on.

You should be aware that in some countries copyright lasts even longer than the life of the author plus 70 years.

There are also other IP rights of which you should be aware such as authors' moral rights in relation to certain copyright works created after 1989, unregistered design right in respect of costume and prop designs (though the term is much shorter), performers' rights, publication right in respect of unpublished works.

The remedies for infringement can be draconian.    An injunction (order of the court to refrain from a specified act with the sanction of imprisonment or financial penalty for disobedience) compensatory and in some cases additional damages, delivery up of infringing materials and costs.    An action in the Chancery Division can cost the losing party his or her own legal fees plus a contribution of hundreds of thousands of pounds towards the legal fees of the successful party.   There is a £50,000 cap on the amount of costs that can be awarded in the Intellectual Property Enterprise Court but that limit does not apply to the unsuccessful party's own legal fees and expenses.

Some of these risks can be mitigated by before-the-event insurance from specialist brokers.

Copyright infringement can be an offence in some circumstances carrying a custodial sentence of up to 10 years, an unlimited fine or both.

I suggest that you seek professional advice from a member of the Intellectual Property Bar Association under the public access scheme,  a law firm that belongs to the Intellectual Property Lawyers Association or possibly a patent or TM attorney with some experience of the entertainment industry.

Good luck!