Dance and intellectual property, register as movement trademark and the Moonwalk case

The article first discusses the facets of dance, focusing on the analysis of the different possibilities of intellectual property protection in general. Then, in particular, the different creations involved are analyzed, explaining the range of rights corresponding to right holders: choreographers;...

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Bibliographic Details
Main Author: Bugallo Montaño, Beatríz (author)
Other Authors: Montero Fraschini, María Inés (author)
Format: article
Language:Spanish
Published: 2025
Subjects:
Online Access:http://revistas.um.edu.uy/index.php/revistaderecho/article/view/1585
https://hdl.handle.net/20.500.12806/2812
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Summary:The article first discusses the facets of dance, focusing on the analysis of the different possibilities of intellectual property protection in general. Then, in particular, the different creations involved are analyzed, explaining the range of rights corresponding to right holders: choreographers; dancers; directors and other roles in the preparation or production of a dance show; scenic and complementary elements. The special legal protection of folk and traditional dances is also presented. Secondly, the possibility of protecting choreographies, sequences of steps or movements by means of movement trademarks is analyzed. Thirdly, the particular case of the choreography and the step known as Moonwalk is considered to examine the possibilities of protection by copyright, trademark or unfair competition. Finally, we reflect on the advantages and limitations of the different intellectual property protection systems in relation to creative elements of dance.