This thesis examines copyright protection of choreographic works under international and European legal frameworks and selected national laws, with a primary focus on U.S. and Slovenian law. Particular attention is paid to key challenges, especially the definition of a choreographic work, originality, fixation, authorship and possible co-authorship of dancers, copyright ownership in works created within institutions and on commission, the relationship between statutory protection and customary practices in the dance community, and proof of copyright infringement. Copyright protection of choreographic works rests on general copyright principles, but their application must account for the specific characteristics of choreography, particularly the ephemeral nature of dance, difficulties in defining and durably recording choreography, and the collaborative nature of choreographic creation. The examined legal systems differ particularly regarding the definition of choreographic works and the fixation requirement. Another challenge is distinguishing basic building blocks of dance expression, which must remain free to use, from their original selection, arrangement and combination, which may constitute a copyright-protected choreographic work. Authorship depends on the individual’s actual creative contribution; depending on the creative process, a dancer may be a performer or also a co-author of the choreography. A choreographer’s legal position may also depend on the legal relationship within which the work is created. The specific characteristics of choreographic works also create challenges in proving their existence, content and possible infringements. Customary practices within the dance community may complement statutory protection, but they cannot fully replace it.
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