C. B. v. E. E. Inc., 2023 U.S. Dist. LEXIS 23456 (S.D.N.Y. 2023)
The case of C. B.
Does copyright protection extend to a choreographic performance recorded without the choreographer's consent, and if so, does this grant an exclusive right to control the distribution of that performance?
Under the Copyright Act of 1976, choreographic works are protected if they are fixed in a tangible medium of expression and exhibit originality and creativity.
The court held that the choreography was sufficiently original and creative to be protected under copyright law, and that recording the performance without consent constituted an infringement of C.B.'s exclusive rights.
C. B. v. E. E. Inc. underscores the importance of securing permissions before recording and distributing artistic performances, reminding stakeholders within the entertainment industry to safeguard and respect intellectual property rights. It highlights the growing need for creators to understand their rights and the implications of unauthorized uses of their work in digital realms. For law students, this case represents a critical examination of how laws adapt to protect creativity amidst technological advancements.