Newton Center, MA asked in Copyright for Massachusetts

Q: Do I own a copyright if someone else fixes my work in tangible form before I do, e.g. a dance or song I create?

Suppose, for example, I choreograph a dance and teach it to a group. But before I take other action, someone from the group makes a video of himself doing or teaching the dance---not claiming to have created it, in fact explicitly giving me credit. The dance is now fixed in tangible form, but not by me. Who, if anyone, owns the copyright? What if I then create my own video or transcription of the dance, as I always intended to do but didn't do quickly enough?

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1 Lawyer Answer
Tania Maria Williams
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Answered
  • Intellectual Property Lawyer
  • West Palm Beach, FL

A: Did you write down the steps to the choreography? If so, you may have fixed tangible expression already. If not, I would suggest putting it into a tangible fixed form as soon as possible and then registering it with the Copyright office. If I can assist you further, please feel free to email me at tania.williams@williamsfirmpa.com.

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