Wednesday, July 22, 2009

Fair Use and the Origins of Michael Jackson's Moonwalk


The way culture moves ahead is by building upon the accomplishments of previous authors. But US copyright law restricts how existing work can be re-used and transformed.
Original choreography that is recorded on film or video is protected by copyright. Was Michael Jackson's use of the copyright work in this YouTube video a Fair Use permitted by the copyright law? Or did MJ violate copyright law (use elements from prior dances without permission in a way that infringes)? The dance moves in this video (from the years 1929 to 1967) demonstrate the way great art builds upon prior work. They also suggest how difficult it is to make art under our current copyright scheme without infringing on someone else's rights.

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