Cardozo Arts & Entertainment Law Journal
Abstract
The note argues that viral dances on platforms like TikTok should not be protected under the U.S. Copyright Act due to their ephemeral nature, social functionality, and the incompatibility of copyright's exclusivity with the viral dissemination process. It advocates for statutory reforms to ensure fair compensation and attribution for creators, proposing that platforms like TikTok be held accountable for these protections, similar to the EU's Copyright Directive. The analysis emphasizes the need for new legal frameworks to address the unique challenges of viral choreography, balancing artistic progress and creator rights.
Disciplines
Entertainment, Arts, and Sports Law | Intellectual Property Law | Law
Recommended Citation
Roseanne Planker,
Dance like Everyone Is Watching: Why TikTok Choreography and Copyright Aren't in Sync,
42
Cardozo Arts & Ent. L.J.
231
(2024).
Available at:
https://larc.cardozo.yu.edu/cardozoaelj/vol42/iss1/8