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Dance Copyright Enforced by DMCA

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?"

44 of 402 comments (clear)

  1. This guys is lucky. by Whiney+Mac+Fanboy · · Score: 5, Funny

    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.

    --
    There are shills on slashdot. Apparently, I'm one of them.
    1. Re:This guys is lucky. by Dutch+Gun · · Score: 5, Funny

      "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."

      --
      Irony: Agile development has too much intertia to be abandoned now.
    2. Re:This guys is lucky. by SQLGuru · · Score: 4, Insightful

      We can submit his site as a violation of copyright. Unless he can prove that he's got the rights to use Spiderman's image.....and is that Voltron, too? I'm not sure who the other two are supposed to be.

      http://the-electricslidedance.com/sitebuilderconte nt/sitebuilderpictures/dancers.gif

      Layne

    3. Re:This guys is lucky. by SQLGuru · · Score: 4, Insightful

      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

    4. Re:This guys is lucky. by TubeSteak · · Score: 4, Funny

      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

      --
      [Fuck Beta]
      o0t!
    5. Re:This guys is lucky. by Jeremiah+Cornelius · · Score: 4, Funny

      You missed the extensive discussions of

      DO DO DO Dah-DAH Do-Do

      vs.

      DO DO DO DAH Do-Do.

      I kid you not.

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    6. Re:This guys is lucky. by Linker3000 · · Score: 4, Funny

      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.

      --
      AT&ROFLMAO
    7. Re:This guys is lucky. by cloak42 · · Score: 4, Informative

      Nope. In Queen's song, the bass line is completely contained within the first three beats of the measure ("dum dum dum da-da dum dum" etc... It's hard to write that out without notation) whereas with Ice Ice Baby, there's an extra bass note as a pickup to the measure on the second half of the fourth beat.

      I need to go to bed now as I've expended my geek quota for the day.

  2. From now on... by pete6677 · · Score: 3, Funny

    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. Re:From now on... by prichardson · · Score: 4, Informative

      I'm sure somebody owns the copyright on "Here comes the Bride". That would be Richard Wagner. He's dead. He's been dead for 124 years. The copyright on that expired a very long time ago, if it ever was copyrighted in the first place.

      That's supposed to sound funny, by the way...
      --
      Help I'm a rock.
    2. Re:From now on... by omeomi · · Score: 4, Informative

      The "Happy Birthday to You" song, however, is still under copyright...

      http://www.snopes.com/music/songs/birthday.asp

    3. Re:From now on... by Workaphobia · · Score: 5, Interesting

      Not the tune, just the lyrics. That's why Futurama sang a different variant in the episode with Nibbler's Birthday.

      One of these days, I may very well be able to post on slashdot without citing Futurama. That day is not today.

      --
      Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
  3. Another Misleading Article Title by Babbster · · Score: 5, Insightful

    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.

    1. Re:Another Misleading Article Title by PapayaSF · · Score: 5, Informative

      True, but apparently you can copyright choreography:

      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.
      --
      Q: What does the "B." in Benoit B. Mandelbrot stand for? A: Benoit B. Mandelbrot
    2. Re:Another Misleading Article Title by Babbster · · Score: 4, Insightful

      I understand that, but the implication of the title is that this particular case is a "done deal," as if showing a dance for a few seconds in a video has been legally established as copyright infringement covered by the DMCA. It also implies that somehow the DMCA itself is at fault, which isn't the case. The DMCA didn't make dance steps copyrightable, any more than it made videos of said dances potential copyright infringement. All the DMCA provides in this particular case is a mechanism for the copyright holder to enforce his or her copyright - that isn't a bad thing, though obviously, and IMO in this case, it can be used badly.

    3. Re:Another Misleading Article Title by WhiteWolf · · Score: 5, Funny

      "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!

      --
      Eye kneed eh Grammer chicken.
    4. Re:Another Misleading Article Title by omeomi · · Score: 3, Informative

      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...

    5. Re:Another Misleading Article Title by Arker · · Score: 5, Interesting

      Actually this is a problem with the DMCA qua DMCA. Anyone can *claim* to own a copyright on any crazy thing, and send a DMCA notice, and effectively reverse the burden of proof for the price of 30 seconds typing.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    6. Re:Another Misleading Article Title by Planesdragon · · Score: 4, Interesting

      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?)

    7. Re:Another Misleading Article Title by TubeSteak · · Score: 3, Funny

      And if this goes to court & gets appealed, we can Bring It On Again

      Then, when the case finally makes it to the Supreme Court, one party can say to the other: Bring It On: All or Nothing

      I'm not sure what they're going to call the next sequel, maybe "Bring It On - Cheerleaders Lobbying Congress"

      Maybe that would work better as a Girls Gone Wild video...

      --
      [Fuck Beta]
      o0t!
    8. Re:Another Misleading Article Title by terrymr · · Score: 3, Informative

      The difference between registered and unregistered works is that statutory damages are available for registered works without having to prove actual damages. For infringements of unregistered works you are still entitlted to damages but only in an amount that you can actually prove.

    9. Re:Another Misleading Article Title by TapeCutter · · Score: 3, Funny

      "Screw that. I'm going to copyright "bring woman to orgasm."

      As a work of fiction? :-o

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    10. Re:Another Misleading Article Title by LittleBigLui · · Score: 3, Funny

      because we all suck at it
      Sounds like a reasonable start to me.
      --
      Free as in mason.
  4. D in DMCA by dotslashdot · · Score: 5, Funny

    Maybe this guy thought the DMCA was the Dance Millenium Copyright Act and wanted send the dance dance people to sing sing.

  5. Dibs on .. by zoid.com · · Score: 3, Funny

    the Pogo!

  6. I'm going to copyright other motions! by erroneus · · Score: 4, Funny

    How about stretching and yawning at the same time! I'll make billions!!!

    1. Re:I'm going to copyright other motions! by bky1701 · · Score: 3, Funny

      I'v got something umm... else in mind. People may stop stretching and yawning, but there is one thing they can't live without. ;)

  7. Somebody had to say it... by StikyPad · · Score: 4, Funny

    That's just copywrong.

  8. YouTube Revenue Share Will Really Make This Bad! by robotsrule · · Score: 5, Insightful

    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).

    --


    Robert Oschler - RobotsRule.com
  9. The Robot by caller9 · · Score: 5, Funny

    Should it be patented or copyrighted?

  10. Thriller... by __aaclcg7560 · · Score: 4, Funny

    I guess that mean we must stop moonwalking all over the place or be sued by Michael Jackson.

    1. Re:Thriller... by ChromeAeonium · · Score: 5, Funny

      Depending on your age, he might let you settle out of court.

  11. This is awesome by greg_barton · · Score: 4, Insightful

    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.

  12. Minister of Funny Walks by Esion+Modnar · · Score: 4, Funny

    Unavailable for comment.

    --

    They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
  13. Maybe I can copyright the missionary position..... by ip_freely_2000 · · Score: 3, Funny

    ...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'.

  14. Nothing to see here... by spiritraveller · · Score: 4, Informative

    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.

  15. Read the bloody article FFS! by Robber+Baron · · Score: 3, Funny

    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!

    --

    You're using her as bait, Master!

    1. Re:Read the bloody article FFS! by belmolis · · Score: 4, Insightful

      If people are not doing the correct steps, they are not violating his copyright. He may have a trademark case, since the owner of a trademark can compel people not to use his trademark incorrectly, but if his complaint is inaccuracy he has no copyright case.

  16. Comment removed by account_deleted · · Score: 3, Funny

    Comment removed based on user account deletion

  17. And another thing... by JumperCable · · Score: 4, Interesting

    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.

  18. Electric Slide Video as posted by inventor by Ace905 · · Score: 3, Informative

    If anybody is wondering, the quote unquote correct way to perform The Electric Slide is available here.

    --

    Ace
  19. It is most definately a copyrightable work by westonweb · · Score: 4, Informative

    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 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

  20. I'm torn. by RyuuzakiTetsuya · · Score: 3, Funny

    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.

    --
    Non impediti ratione cogitationus.
  21. Probably because.... by Kjella · · Score: 4, Funny

    That's why Futurama sang a different variant in the episode with Nibbler's Birthday.

    Probably because through a series of Mickey Mouse protection acts, it's *still* copyrighted in year 3000.

    --
    Live today, because you never know what tomorrow brings