Dancers to copyright moves

Disputes over the creation of dance moves have become a common occurrence in the dancehall.

It is undeniable that dancing and dancers have become just as popular as the dancehall songs and artistes. Two years ago the, Dutty Wine exploded around the world, putting a focus on the island's dancing and dancers.

Everyone seemed to be doing the dance - on Youtube, at stage shows and in music videos for American pop artistes.

During the recent Beijing Olympics, triple world-record holder Usain Bolt introduced to the world the Nuh Linga, the Nineties Rock and the Gully Creepa - again bringing Jamaican dance moves to the world stage.

Yet, while artistes and the music industry have begun to pay attention to royalty and licensing rights, the dancing arena has remained behind.

In a recent article published in The STAR, creator of the Gully Creepa, David Smith, more popularly known as Ice, told THE STAR that he had not received what was fairly due to him for his creation of the dance, even while Elephant Man has profited from the massive hit song.

Head twirling move

As with the Gully Creepa, the Dutty Wine was another dance that caused a dispute.

The Attitude Girls from Montego Bay claimed to be the creators of the hugely popular dance, while Kingston's Mad Michelle also claimed rights to the head twirling move. The Dutty Wine was even featured in Beyoncé's music video Ring The Alarm.

When THE STAR made checks, it was discovered that according to copyright laws, dancers can protect and gain money from creating dance moves. Copyrighting covers areas such as literary, artistic, musical, and dramatic works, architectural designs, maps, technical drawings, photographs, computer programmes, choreography and advertisements.

It is the right of the owner of the intellectual property to copyright his or her creation.

The copyrighted owner of a dance would have an exclusive right to exploit his or her creative work and has the authority to prevent others from using the work without his or her permission.

Step-by-step description

Anika Radcliffe of the Intellectual Property Services Centre explained to THE STAR that forms were made available at its offices for dancers to copyright their moves. The dancer would be required to pay a small fee, complete the forms and give either a detailed step-by-step description of the dance or provide a CD of the dance. After this is done, the dancer would then receive a licence showing that he/she is the owner of the dance and the name of the dance.

However, Radcliffe claims she could only recall one dancer coming to the office to licence a dance. She said that dancer did not complete the process, however.

When THE STAR contacted the Jamaica Intellectual Property Office (JIPO), it explained that there is an even simpler way for a dancer to claim intellectual property rights which does not involve paying any money.

According to the representative from the JIPO, a dancer can use the 'poor man's copyrights' where he/she simply writes a letter containing a full description of the dance, or tape the dance, declare themselves as the creator of the dance and date the letter. The letter would then be sent back to them through registered mail, and they would keep it unopened.

According to the JIPO, when copyrights are done as the dancers are considered the 'authors' of the dance. If someone, locally or Internationally, decided to use the dance for profit, they could be sued if the dance is protected through copyrighting.

However, JIPO pointed out that there were few cases of dancers claiming their rights locally, but there are many cases of dancers on the International scene doing so.

The JIPO representative said, "I think its important, that's how you profit from your work. You can sell the use of your work."

GOOD FEEDBACK

However, creators of the most popular local moves were not practising copyrighting of their dances.

Taz, from Timeless Dancers, who created the popular 'To di Worl' slang and dance, the 'Powercut' dance and others, said that he has been thinking about copyrighting.

"When mi did deh in New York recently mi did a talk bout it ... but it nah really mek no sense, yuh just haffi kno seh a yuh create di dance. When mi did just start dance, mi did investigate it but nobaddy neva gimme a good feedback," Taz said.

According to Taz, some of his dances have been used in major videos. He says the Powercut was featured in Elephant Man and Wyclef's Five O video.

Taz says he does not make money from the dances themselves but has to work hard to get the Timeless name popular so that the dancers will be booked for shows. "Di artistes dem have it easier, but we haffi go out every night and dance," he said.

Overmars, from the Ravers Clavers crew, who created dances like the Nuh Linga, Raging Bull, and Paper Bag says he is also thinking of utilising copyright laws, especially after the worldwide popularity of the Nuh Linga following the Olympics.

"I haven't copyrighted my dances, but I was going to when I check it out to copyright ... People would have to ask permission and di people dem put my dance out there. At the same time, people tekking di dance and doing it and we not getting nothing," Overmars said.


Krista Henry, Staff Reporter
Source: http://jamaica-star.com/thestar/20080919/ent/ent1.html

Dancers Want To Copyright Their Moves

JIPO not ready to facilitate them just yet

Street dancing has long been an informal profession taken on by inner-city youth. Using the dancehall stage as their training and promotional ground as well as performance platform, several dancers have managed to cement themselves as international celebrities in their own right.

However, videos from street dances which brought many dancers to fame, are back to haunt them, this, as foreigners have now begun to capture dancehall choreography, rebrand and redistribute them as theirs.

WORLD DANCE

Since 2011, several Europe-based dance videos have been uploaded on social networks, displaying foreign dancers using Jamaican dance moves on tours and hosting dance workshops. Interestingly, the originators of the various dances are not credited, nor is the dance move regarded as dancehall.

With a decline in local street dances and a significant reduction in the capacity for local dancers to market themselves internationally, they can hold their peace no longer.

Street dancers are, therefore, demanding that the existing local music copyright societies protect their intellectual property from the exploitation of the international community.

According to Maria Hitchins, dancer/choreographer, Jamaican street dancers are hungry for the spotlight. However, they should be mindful that the avenues which they choose to promote themselves are not always reliable in protecting their intellectual property.

THE NEXT BOGLE

"They have this yearn to be the next Bogle and they are not seeing the repercussions and the flaws with the Internet. A lot of people have access to it, and you upload something this minute and somebody from Russia takes the entire routine in less than seconds. They, in turn, perform it, video and repost it on YouTube as their own. That's how brave they are," Hitchins said.

The choreographer says dancers must make every attempt to copyright their dances because it could be a financial generator if the right channels are used. She also believes Europeans are better able to benefit from dancehall because European governments are more supportive of culture.

"They have more access to money than us, plus the majority of our local dancers are semi-literate, we don't really have business ideas, professionalism is lacking, and we don't have assistance from government to get work permits. European countries are geared towards culture, so they pay attention to their people. Right now, we as Jamaicans are being told that they don't need us to teach dancehall because they are teaching themselves from YouTube," she said.

The Sunday Gleaner contacted The Jamaica Intellectual Property Office (JIPO) for comment, and according to attorney-at-law Marissa Longsworth, who also operates as the manager of copyrights and related rights director, street dancers do have the right to copyright their choreography, however, JIPO is yet to fully facilitate that arm of the copyright act.

She says when JIPO has successfully amended the copyright registration system, then choreography will be included in that which is able to be registered.

"Once they are on the registration system they will be issued a certificate of ownership, and it can be used in the court to prove ownership or can be challenged. It can account for the distribution of royalties or can be assigned or transferred to others for work or for a price by the owner. Choreography is the bastard child of copyright in Jamaica, it does exist but remains unknown to many," she said.

The manager says she hopes by the end of 2013, JIPO will be able to actively accommodate choreography under the copyright laws. However, until then, she advises street dancers to use the Poor Man's Copyright method.

With this method, dancers can shoot a video of themselves doing the choreography, place the DVD in an envelope and post it to him or herself. In this case, the registered stamp will serve as proof of ownership.

She also highlighted that dancers can opt to sign up with international collecting agencies that are already accommodating choreography under their copyright roster.

However, Hitchins feels Jamaica has, for too long, been straggling behind other countries in terms of copyright laws. She also said it might be expensive to join international collecting agencies.

Among other things, Hitchins blasted Edna Manley College of the Visual and Performing Arts for not teaching dancehall as an accredited course. She also believes the Jamaica Cultural Development Commission or the Government should consider certification of local dancers as a move to make them legally eligible to teach dancing lessons globally.

Curtis Campbell, Gleaner Writer
Source: http://jamaica-gleaner.com/gleaner/20130512/ent/ent4.html