Trying to put the memory of a miserable Northeast-Philly wedding out of my mind where I last witnessed the Electric Slide, this article reminds me it is, sadly, alive and well. And now the originator thinks he can sue for copyright violation under the DMCA or Digital Millennium Copyright Act.... All I have to say is Heeeeeay Macarena!
"Any video that shows my choreography being done incorrectly is being removed. I don't want future generations having to learn it wrong and then relearn it as I am being faced with now because of certain sites and (people) that have been teaching it incorrectly and without my permission. That's the reason I (copyrighted) it in the first place."
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Some may find it odd that a dance could be copyrightable, of course. But according to Jason Schultz, a staff attorney with the Electronic Frontier Foundation, dance moves can definitely be protected under copyright law.
"You can copyright the choreography for dances," said Schultz, "and then enforce the copyright against anyone who publicly performs the dance."
Does that mean that everyone who giggles their way through the Electric Slide with the wedding videographer shooting away is violating copyright? No, but the videographer could be at risk. But Schultz said he believes Silver's claims against Machulis and others who have posted videos on YouTube may be questionable.
"Someone who performs it noncommercially or adds their own artistic flair to the dance has a pretty good fair-use argument that their performance is noninfringing," Schultz said.
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So does doing the Electric Slide badly protect you from charges of copyright violation?
Find out at CNet.com for the whole story: Electric Slide on slippery DMCA slope
I know, this is just nuts, isn't it?! I know nothing about the specifics of copyright law, but I really think you have to be doing more than just dancing someone's choreography publicly -- I think you have to be making a profit on it. So, the YouTube stuff makes no sense at all. And the wedding videographer? -- how's he or she supposed to know whether what the wedding couple is dancing on their own private day is copyright protected???
Posted by: tonya | February 09, 2007 at 10:20 AM
Quite ridiculous and a waste of time, IMHO.
Posted by: Marcy | February 09, 2007 at 04:05 PM
What an interesting story! How sad is it that after all these years the creator of the Electric Slide is spending his time defending a work that is over two years old instead of continuing to innovate? I guess the lesson for the rest of us artists and educators is to continue to creatively expand that we may avoid this sad outcome...how embarassing!
Posted by: Terrence Taps | February 13, 2007 at 09:46 AM