Legal Question in Entertainment Law in California
Choreography Exclusivity
I just recently paid a choreographer $6000 to choreograph 3 dance numbers for my annual Cabaret. I never signed any exclusivity agreement with her, just a contract to pay her this money for her work. She now tells me that I am forbidden from performing these dance numbers in any other venue. She says these dance numbers belong to her and cannot be performed without her permission and without paying her more money. Is this legal? I did pay her for her work, and there was no contract signed that said she had total ownership of the dance numbers. If I would have known this up front, I certainly would not have hired her. Can you help me with this dilemma? Thanks, Frank
2 Answers from Attorneys
Re: Choreography Exclusivity
Frank,
If you included the words "work-for-hire" in your contract with her then you have a good position. These type of service exchanges should always be memorialized in writing so there are no misunderstandings.
Re: Choreography Exclusivity
Copyright law provides that the "author" of a work owns the copyright to that work...
Mr. Jefferson's answer is actually not quite right. While what he says is true for "audiovisual works" such as film and TV, There's no "Work Made For Hire" in live-performance works, unless the choreographer is an EMPLOYEE at the time the work is created. (with all taxes, withholdings, worker's comp, etc. being handled by the employer).
This kind of thing must be dealt with in the contract with the choreographer, whereby you're granted the permission you need to reproduce the work in other venues, at other times, etc.
You need a lawyer experienced with theatrical and live entertainment to help you out here. Give me a call.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
