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Dance Copyright Enforced by DMCA

Posted by Zonk on Sun Feb 04, 2007 10:33 PM
from the seventh-layer-of-awesome dept.
goombah99 writes "The "creator" of the Dance move known as the electric slide has filed a DMCA based takedown notice for videos he deems to infringe and because they show "bad dancing". He is also seeking compensation from the use of the dance move at a wedding celebration shown on the Ellen Degeneres Show. Next up, the Funky Chicken, the moonwalk, and the Hustle? More seriously, does the DMCA have any limit on its scope?"
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  • Richard Silver is lucky that noone's managed to copyright crap web pages. His page (with animated email gif & quicktime plugin required) does not leave a font, colour, alignment, highlighting, style or indentation untouched.

    My eyeballs feel.... violated.
    • by Dutch Gun (899105) on Sunday February 04 2007, @10:42PM (#17885724)
      "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."

      I'll just file that under "taking yourself waaaay to seriously."
      • by SQLGuru (980662) on Sunday February 04 2007, @11:20PM (#17886040)
        So, if they aren't doing the Electric Slide correctly, maybe they aren't violating his rights. Maybe they are doing some *OTHER* dance that isn't copyrighted......and doing it right.

        So there.

        Layne
        • by TubeSteak (669689) on Monday February 05 2007, @12:01AM (#17886310) Journal
          You sound like Vanilla Ice defending the difference between the beat to his song "Ice Ice Baby" and Queen's "Under Pressure"

          /For those who don't know, the difference is something like one note in the bassline
        • by Linker3000 (626634) on Monday February 05 2007, @07:45AM (#17888362)
          In other news, Darl McBride has been studying footage of Linus Torvalds, other notable Linux developers and senior executives of IBM, Novell and other major corporates after noticing that their gait when walking shows a definite delay of several tens of milliseconds in the uplift of the left foot upon taking a normal walking stride.

          Darl Explained that as part of his 'Image for SCO' policy, instigated in late 2002, he sent all his senior executives on a special course to teach them how to 'enter a room with purpose and drive', and they were taught to modify their walking pattern in a way that exaggerated their 'business swagger' when entering a room.

          This so-called 'Darl McStride' was apparently developed by a team of leading psychologists and physiotherapists at a cost of several thousand dollars and, says Mr Mcbride, is the intellectual property of SCO.

          "We are not totally insensitive to the accidental use of our intellectual property by those involved in road accidents, recovering from surgery or having naturally-occurring limb deformities that cause them to imitate our Business Swagger, but I take exception to profit-making organisations using it for their own gain when entering a room, and if they wish to do so they should licence the concept on a commercial basis". It has been rumoured that Rowan Atkinson, the comic actor behind such characters as the bumbling "Mr Bean" is already engaged in licensing discussions with SCO. John Cleese was unavailable for comment.
    • Re: (Score:3, Funny)

      "My eyeballs feel.... violated."

      I say we sue him.

      --
      BMO
  • by pete6677 (681676) on Sunday February 04 2007, @10:36PM (#17885678)
    No more copyrighted music at weddings without a license. I'm sure somebody owns the copyright on "Here comes the Bride". You can license it for your wedding at the low low price of $1995.
  • 1) The DMCA is not an organization, it is a law. Laws get enforced. They don't go around doing the enforcing.
    2) The claim has yet to be upheld (enforced) by any court or other governmental body.
    3) Even if the letter is acted upon and the video is removed, that still doesn't indicate whether or not the DMCA is being properly applied (if not, then the DMCA can't be demonized in this situation). All it means is that someone decided removing the video was the easiest way to handle a potential problem.
    • by PapayaSF (721268) on Sunday February 04 2007, @10:45PM (#17885756)

      True, but apparently you can copyright choreography [copyright.gov]:

      Choreography and pantomimes are also copyrightable dramatic works. Choreography is the composition and arrangement of dance movements and patterns usually intended to be accompanied by music. As distinct from choreography, pantomime is the art of imitating or acting out situations, characters, or other events. To be protected by copyright, pantomimes and choreography need not tell a story or be presented before an audience. Each work, however, must be fixed in a tangible medium of expression from which the work can be performed.
      • by WhiteWolf (95535) on Sunday February 04 2007, @11:28PM (#17886098)
        "I feel a SONG coming on!"

        Old Man, there's no need to feel down
        I said Old Man, pick your feet off the ground
        I said Old Man, there's a new law in town
        Lawsuits can make you feel happy

        Old Man, here's what you must do
        I said Old Man, do what your lawyer says to
        You can sue them, and I'm sure that you'll find
        They won't violate your copyright!

        It's fun to sue with the D-M-C-A!
        It's fun to sue with the D-M-C-A!

        It has everything you need to sue
        You can even screw YouTube!

        It's fun to sue with the D-M-C-A!
        It's fun to sue with the D-M-C-A!

        You can take down the vids,
        You can enforce your rights
        It's all within your sights!

      • by omeomi (675045) on Sunday February 04 2007, @11:35PM (#17886162) Homepage
        My understanding is that your DMCA takedown notice requires that you swear under penalties of purjury that you won the copyright in question.

        So what's the penalty for purjury?


        It's not really purjury. Since you're not required to register a work (in the US) in order to have a copyright over it, there is room for some gray area. While it's probably not going to be upheld in court, it would be difficult to prove that he's actually lying when he says he has a copyright on the dance move...he could very well believe that he does. Unless you can show that not only did somebody else do it first, but that he had some prior knowledge that it was done before him...
      • And there's the problem. Similar situation with tort law; you club someone with a lawsuit and it would cost more for them to comply or settle than fight it, regardless of how frivolous the claim is. Something is broken somewhere.

        Oddly enough, this is a problem best solved by another law/tort: frivolous prosecution. You can sue for not only the actual damages (that is, your court costs) but punative damages (money on top to get the other guy to never do it again.)

        (Unless, of course, you really MEANT your grammatical mess-up, and intended to say that going along with legal thuggery is less expensive than standing up for your rights -- in which case, WTF?)
  • D in DMCA (Score:5, Funny)

    by dotslashdot (694478) on Sunday February 04 2007, @10:41PM (#17885708)
    Maybe this guy thought the DMCA was the Dance Millenium Copyright Act and wanted send the dance dance people to sing sing.
  • Dibs on .. (Score:4, Funny)

    by zoid.com (311775) on Sunday February 04 2007, @10:42PM (#17885726) Homepage Journal
    the Pogo!
  • by erroneus (253617) on Sunday February 04 2007, @10:43PM (#17885738) Homepage
    How about stretching and yawning at the same time! I'll make billions!!!
  • by StikyPad (445176) on Sunday February 04 2007, @10:43PM (#17885742) Homepage
    That's just copywrong.
  • by robotsrule (805458) * on Sunday February 04 2007, @10:44PM (#17885752) Homepage
    When YouTube/Google turn on their revenue sharing plan for video makers, this is going to get ugly. One of the tenets for "fair use" is whether or not the use of the copyrighted material was whether the intent was of a commercial nature or not. Once revenue sharing starts, millions of legally "naive" video uploaders are suddenly going to find themselves thrown into the nasty side of the fair use litmus test. Watch how the DMCA takedowns and litigation filings skyrocket once money is involved (as it always does).
  • The Robot (Score:5, Funny)

    by caller9 (764851) on Sunday February 04 2007, @10:46PM (#17885762)
    Should it be patented or copyrighted?
  • Thriller... (Score:4, Funny)

    by creimer (824291) on Sunday February 04 2007, @10:49PM (#17885790) Homepage
    I guess that mean we must stop moonwalking all over the place or be sued by Michael Jackson.
  • This is awesome (Score:5, Insightful)

    by greg_barton (5551) * <{greg_barton} {at} {yahoo.com}> on Sunday February 04 2007, @10:51PM (#17885806) Homepage Journal
    The more the law is used like this, the more it will be seen as absurd. When the DMCA is used to stomp on uses of technology the wider public can't understand it. When it's used to stop you from being filmed dancing a certain way in public it's understandable by everyone.
  • by Esion Modnar (632431) on Sunday February 04 2007, @10:51PM (#17885814)
    Unavailable for comment.
  • ...but since this is the internet, I'd probably make more money if I copyright the 'Dirty Sanchez', 'Standing up in a shower doing it from behind' and 'Two midgets, a trapeze and the running start'.
  • by spiritraveller (641174) on Sunday February 04 2007, @10:56PM (#17885856)
    The summary for this story is just weird. The DMCA is just the method of enforcement, because the performance is being displayed online.

    Choreography is just one of the items that are protected by copyright, which is listed in 17 USC 102:

    (a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:

    (1) literary works;
    (2) musical works, including any accompanying words;
    (3) dramatic works, including any accompanying music;
    (4) pantomimes and choreographic works;
    (5) pictorial, graphic, and sculptural works;
    (6) motion pictures and other audiovisual works;
    (7) sound recordings; and
    (8) architectural works.


    This statute was last revised in 1990. The DMCA did not add anything to it. I don't know how long choreography has been protected by copyright, but I would gamble that it's been at least fifty years or so.
  • by Robber Baron (112304) on Sunday February 04 2007, @11:00PM (#17885884) Homepage
    He's not trying to stop people from doing the Electric Slide, he's trying to stop people from doing it incorrectly! He's mroe than willing to share the correct steps with everyone!

    Of course trying to drill the correct steps into the thick booze-addled skulls of all the way-behind-the-curve morons that show up at people's weddings and make asses of themselves may be just a much a fool's errand as...well...getting Slashdot idiots to read articles!

  • by CaffeineAddict2001 (518485) on Sunday February 04 2007, @11:00PM (#17885886)
    makes me wish the electric slide was suddenly turned into the electric water slide.
  • by MrP- (45616) <rob@NospAm.elitemrp.net> on Sunday February 04 2007, @11:09PM (#17885954) Homepage
    There's some good that can come from this.. Perhaps now no one will play this horrible song at weddings?

    Now if only we could find the person who owns copyright to the chicken dance!
  • And another thing... (Score:5, Interesting)

    by JumperCable (673155) on Sunday February 04 2007, @11:15PM (#17886002)
    Has anyone else noticed that he is using that clip of copyrighted characters on his website doing line dancing. How much do you want to bet he doesn't have permission from the copyright holders to show that. Also, the music he has on line, the video he has on-line and THE VIDEO HE IS SELLING all contain the song The Electric Slide which he is NOT the copyright holder for.

    One quick call to the RIAA and he is done for. Fight fire with Fire.

    The only sad part is that I find myself defending line-dancing of any kind.
  • Ultimate Irony (Score:3, Insightful)

    by istartedi (132515) on Sunday February 04 2007, @11:19PM (#17886030) Journal

    The ultimate irony would be if the videographer claimed copyright, the way so many wedding photographers do, and went after him for having a copy of the video. I haven't heard much about it lately, but apparently it is *really* difficult to find a wedding photographer who will simply take his fee and turn over the digital files and/or negatives. I once scanned my parent's wedding photo, and it occured to me that if I were to actually try and legally comply with copyright, I would have to locate the photographer in another state. He took the picture 50 years ago. He's probably dead. I'd have to find his heirs. Needless to say, I "pirated" my parent's wedding picture. Come and get me!

    Now, I'm not war3z kiddie. I'm actually in favor of intellectual property as a concept (legal mumbo-jumbo about it not being property? feh!). Howeve, when it fails the "common sense" test in such an obvious way, you have to employ something called "judgement". Hopefully, that's what the judge will do, and pencil whip this silliness right ouf of court.

  • by Ace905 (163071) on Sunday February 04 2007, @11:48PM (#17886240) Homepage
    If anybody is wondering, the quote unquote correct way to perform The Electric Slide is available here [douginadress.com].

  • by westonweb (1059988) on Monday February 05 2007, @01:15AM (#17886800)
    The Electric Slide is made up of 1 unit of choreagraphy known as a phrase. Mostly these "phrases" are meant to match a specific phrase structure of a particular set of music. In general a phrase is 32 beats of music. The electric slide is a 32 beat phrase with an extra 4 beat rhythm break. Through the process of doing the dance the dancer starts facing one wall. At the end of the phrase the choreagrapher incorporated a 90 degree turn. So that by the time you have completed the phrase 4 times you will end up facing the same wall that you started in. Rinse and Repeat till the song ends. It is the dancing equivalent of a for loop.

    Whoever choreagraphed this little peace of nostalgic heaven did a brilliant job. The dance is so easy that any grandma can do it in only a few minutes. She feels as if she is dancing just as well as the rest of the cool and hip people on the dance floor. She is getting exorcise. The younger set gets a lot of chances to be creative within the dances structure, yet still be part of a group.

    In the late 70's and mid 80's a concurrence of events in American pop-culture created an environement that made this dance popular. The late 70's marked the end of the "hustle-era" and the mid 80's marked the "urban-cowboy" era. Line dancing was not extremely popular with the hustle dancing set but was just catching on when "Disco" was collectively pronounced dead by the American zeitgest. About the same time John Travolta again made a splash with his movie Urban Cowboy and a new dancing fad was born. Two-stepping and Line-dancing at the local "honky-tonk" was all the rage. The easiest of all the dances to learn was the Electric Slide. Soon after this confluence of events every budding dance teacher across the country rushed to put out content on the new hot medium of the day... Video Tape. I still see the dance prominently displayed on DVD's in the dollar bin at Half Priced Books all the time. The Electric Slide was in the right place at the right time to become the most popular line dance in history.

    In my mind there is no question that the choreagraphy is indeed something worthy of being copyrighted. On the other hand it is quite debatable whether or not it has any real value. I don't know copyright law. But I can say that if I was faced with the decision of paying a liscence fee to the choreagrapher, I will just make up my own 32 beat phrase with a 1 quarter turn at the end and call it The Erotic Bump instead. It isn't that hard to do. For an overview of where line dancing is today view this link.... http://www.ucwdc.org/competition/linedances.shtm [ucwdc.org] where you will find that not one of the choreagraphers is paid for their efforts. In the meantime Im going to go out to the salsa club and do the Macarena
  • I'm torn. (Score:4, Funny)

    by RyuuzakiTetsuya (195424) <taiki AT cox DOT net> on Monday February 05 2007, @01:24AM (#17886864)
    What's he's doing isn't *clearly* right or wrong.

    Wrong: He's getting litigious for no good reason.

    Right: He's trying to stop people from doing The Electric Slide.
    • Re: (Score:3, Informative)

      This trick wouldn't work. He has no obligation or need to respond. If he owns the copyright, unless and until he issues you a license, you're out of luck.