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Dance is honoured all around the world, not just to honour the art form, but also to emphasise dancers’ rights and legal protections. Dance is more than just entertainment; it is an essential method of personal expression, cultural identity, and independence.
In today’s digital and rapidly changing world, understanding intellectual property rights, copyright, contracts, and dancers’ financial and moral rights is critical. The aim of this article is to clarify the laws governing dance and increase awareness among artists about how to legally protect their work while maintaining the integrity of their craft.
Dance is a global art form, supported by organisations such as the International Dance Council (CID) and the International Theatre Institute. It is commemorated to acknowledge its rich history and cultural significance. Jean-Georges Noverre (1727-1810), the “father” of modern dance and the creator of classical and romantic ballet, is frequently associated with this event. The goal is to promote dance as a valuable cultural and educational instrument while also recognising its various forms around the world.
The primary goal of commemorating dance is to promote public awareness and recognise it as a form of cultural expression and educational medium. It encourages governments and educational institutions to incorporate dance into the curriculum, making it available at all levels, from primary to higher school. People of various ages and cultural backgrounds are encouraged to join in dancing by viewing it as an art, culture, and way of life.
Indian Constitution
Article 19(1)(a) of the Indian Constitution guarantees every citizen the fundamental right to freedom of expression. Dance is a creative and artistic means of expression. As a result, the Constitution recognises the right to express one’s beliefs, emotions, or cultural messages through dance. However, appropriate constraints (such as public order and morality) may be put on this freedom.
Copyright Act, 1957
Under the Copyright Act, choreographic works are classified as “artistic works” and so legally protected. This means that a choreographer or dancer owns the particular composition or performance they create. If someone utilises the choreographic work without authorisation, it is considered copyright infringement, and legal action may be taken. It is deemed safer to register the copyright for a dance work individually.
Copyright law states that any performing artist has performers’ rights. This means that authorisation is required before filming, transmitting, or publicly displaying their performance.
Indian Contract Act, 1872
The Indian Contract Act governs contracts between dancers and event organisers for dance programs, contests, studio work, and ads. The contract must explicitly define the scope of labour, compensation, program rights, and performance rights. In the lack of a written contract, disagreements may occur, jeopardising the artist’s rights.
Trade Marks Act, 1999
According to trademark law, if the name or branding of a dance show or program is distinctive (for example, “XYZ Dance Fest”), it can be trademarked to secure legal rights. This inhibits unauthorised use of the show’s name or brand, hence strengthening commercial rights. Trademark registration protects the brand from competitors and establishes a distinct identity in the market, making legal action against unauthorised or duplicated branding easier.
Information Technology Act, 2000
In today’s digital age, dance is televised on a variety of media. The Information Technology Act governs the theft and unauthorised use of online content. Downloading, copying, or disseminating a dancer’s online performance without authorisation is a violation of IT law, and the artist can take legal action.
Labour Welfare Laws
Dancers work as staff or freelancers on huge professional dance projects. In such cases, they are covered by labour welfare laws that govern wages, working hours, safety, and other benefits. These laws defend artists against physical, emotional, and financial exploitation.
Free Expression: Artists have the right to express their creativity (Article 19(1)(a) of the Constitution).
Copyright rights: Artists can protect their work by acquiring copyright for dance compositions.
Performance Rights: The right to use, record, and broadcast their performance.
Workplace Safety and Proper Conditions: Safe and equitable working conditions.
Wage rights: Artists are entitled to fair pay and financial security.
Social media rights: Protection against internet distribution of their work.
Professional contracts: Contracts should include clearly stated work terms.
Privacy Protection: Protecting personal life.
Right to Equality: Artists should not encounter prejudice based on their religion, caste, gender, or other factors.
Right to organise: Dancers can organise and advocate for their rights.
Educational and Training Rights: It is right to learn the art and improve one’s skills.
Social recognition and human rights: People have the right to social respect and appreciation for their labour.
Dance encourages artistic expression while emphasising the importance of preserving dancers’ rights. Dance, as a vital form of cultural expression, requires legal safeguards to allow artists to practise their trade with confidence and security.
Legal frameworks, such as copyright and labour laws, play an important role in promoting dancers’ creative and professional wellbeing. Advocates such as Adv. Abdul Mulla have discussed the intersection of law and the arts on platforms like www.lifeandlaw.in and www.asmlegalservices.in, providing insights into how the law can safeguard artistic expression.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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