Dance is expressly protected under Brazilian Copyright Law, provided the choreography is original and fixed in a tangible medium. From the minimum creative contribution to performers' neighboring rights, understand the legal requirements and practical cases — from MC Bin Laden to the choreographer of "Single Ladies."
Present in human experience since its earliest days, dance manifests across different cultures around the world and, like all artistic expression, finds protection under intellectual property law.
Brazilian Copyright Law No. 9,610/98, in Article 7, Section IV, expressly includes choreographic works among protected creations, provided the work displays its own creativity and is fixed in some medium.
Copyright protection does not extend to ideas, isolated movements, or generic techniques. The five classical positions of ballet, for example, form part of the universal vocabulary of dance and cannot be subject to exclusive appropriation. What is protected is the original composition: the organized sequence of movements that gives the work its own identity. This reflects the concept of "minimum creative contribution," under which protection depends on the presence of a minimum degree of originality that distinguishes the creation from mere mechanical execution. In this sense, strictly functional choreographies — such as aerobic exercise routines composed of standardized movements with no significant creative expression — are not eligible for copyright protection.
Two essential requirements for the legal protection of choreography therefore emerge: originality and fixation in a tangible medium (in video, for example).
Regarding economic exploitation, the commercial use of a protected choreography requires prior and express authorization from the rights holder, pursuant to Article 29 of the Copyright Act. Unauthorized use constitutes copyright infringement, subjecting the infringer to liability for material and moral damages.
It is also important to distinguish between the rights of the author and the rights of the performer. The choreographer holds copyright over the creation of the work, while the dancer holds so-called neighboring rights relating to the performance. These protections are independent and coexist.
In practice, the relevance of this issue has intensified with the proliferation of digital content. In Brazil, a notable case involved MC Bin Laden, who filed a lawsuit against a video game company for the unauthorized use of a dance associated with his image. The controversy highlights the economic value of choreographies, particularly when linked to artists, and the need to observe copyright law on digital platforms and in games.
On the international stage, choreographer JaQuel Knight — responsible for the iconic dance in Beyoncé's "Single Ladies" music video — stands out. His initiative to seek legal protection for the creation helped expand the legal recognition of choreographies, opening space for professionals to be compensated, especially on digital platforms.
Dance, as a manifestation of the human spirit, demands adequate protection and recognition. It is increasingly important that creators understand the value of protecting their works — whether through registration or through contracts that enable their regular economic exploitation, ensuring financial returns and professional recognition.
Responsible Attorney
Clarice Fernandes