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NY Chapter 4/24/17 Course Materials

Copyright, Dance & choreography


When
: Monday, April 24, 2017

   Check-In 12pm, Lunch 12:30pm, Program 1-2pm

Where: The Princeton Club of New York, 15 West 43rd Street, New York, NY 10036

Materials:

  1. Kathleen Abitabile and Jeanette Picerno, “Dance and the Choreographer’s Dilemma: A Legal and Cultural Perspective on Copyright Protection for Choreographic Works,” 27 Campbell L. Rev. 39 (2004)
  2. Katie M. Benton, “Can Copyright Law Perform the Perfect Fouetté?: Keeping Law and Choreography on Balance to Achieve the Purposes of the Copyright Clause,” 36 Pepp. L. Rev. 1 (2009), available at: http://digitalcommons.pepperdine.edu/plr/vol36/iss1/2
  3. Bikram’s Yoga Coll. of India, LP v. Evolation Yoga, LLC, 803 F.3d 1032 (9th Cir. 2015)
  4. Bikram’s Yoga Coll. of India, LP v. Evolation Yoga, LLC, 105 U.S.P.Q.2d 1162 (C.D. Cal. 2012)
  5. Einhorn v. Mergatroyd Prods., 426 F. Supp. 189 (S.D.N.Y. 2006)
  6. Horgan v. MacMillan, Inc., 789 F.2d 157 (2d Cir. 1986)*
  7. Note, “Square Dance: Fitting the Square Peg of Fixation into the Round Hole of Choreographic Works,” 65 Vanderbilt L. Rev. 1261 (2012) [Permission to reprint granted by Vanderbilt Law Review]
  8. Barbara A. Singer, “In Search of Adequate Protection for Choreographic Works: Legislative and Judicial Alternatives vs. The Custom of the Dance Community,” 38 U. Miami L. Rev. 287 (1984), available at: http://repository.law.miami.edu/umlr/vol38/iss2/5

 *printed copy will be provided.


Other relevant decisional authority:

Martha Graham Sch. & Dance Found., Inc. v. Martha Graham Ctr. of Contemporary Dance, Inc., 455 F.3d 125 (2d Cir. 2006)

Martha Graham Sch. & Dance Found., Inc. v. Martha Graham Ctr. of Contemporary Dance, Inc., 380 F.3d 624 (2d Cir. 2004)


Martha Graham Sch. & Dance Found., Inc. v. Martha Graham Ctr. of Contemporary Dance, Inc., 374 F. Supp. 2d 355 (S.D.N.Y. 2005)


Martha Graham Sch. & Dance Found., Inc. v. Martha Graham Ctr. of Contemporary Dance, Inc., 224 F. Supp. 2d 567 (S.D.N.Y. 2002)


Open Source Yoga Unity v. Choudhury, 74 U.S.P.Q.2d 1434 (N.D. Cal. 2005)

Speakers:

Barbara Horgan, a member of the administrative staff of the New York City Ballet since 1953, she then served as George Balanchine's personal assistant from 1963 until his death in 1983. Ms. Horgan was executor of George Balanchine's estate until 1987, when she established with extraordinary assistance from her friend and attorney, Paul Epstein, The George Balanchine Trust. The GBT is responsible for coordinating, licensing and disseminating the Intellectual Properties of the choreographies of Mr. Balanchine. She remains with the GBTrust as Founding and Managing Trustee.

Jennifer Homans is the author of Apollo’s Angels: A History of Ballet and is currently writing a biography of George Balanchine. She is the Founder and Director of The Center for Ballet and the Arts at New York University, where she is also a Distinguished Scholar in Residence. Homans holds a Ph.D. in Modern European History; before becoming a writer and scholar, she was a professional dancer.

  

Kim Landsman, a graduate of Yale Law School, has advised on and litigated copyright issues for over thirty years.  He has litigated, written and spoken extensively about fair use issues.  After spending most of his career in private practice, he recently joined Two Sigma Investments, LP to be in charge of its litigation and intellectual property enforcement.  And he has been a balletomane since watching the Ed Sullivan show as a kid.

 

Elena M. Paul, Esq., is the Director of Legal & Business Affairs at the Alvin Ailey Dance Foundation who furthers the pioneering vision of Alvin Ailey through the activities of two dance companies, Alvin Ailey American Dance Theater and Ailey II, The Ailey School, Ailey Arts In Education & Community Programs and the activities of The Ailey Extension. In addition to her role as General Counsel and Secretary, she manages Ailey’s Human Resources Department. Prior to joining Ailey, Ms. Paul was the Executive Director of Volunteer Lawyers for the Arts, Executive Director of Washington Area Lawyers for the Arts, University Counsel in the the University of Maryland, College Park Office of the President, and an attorney at two major national law firms, where she practiced corporate and real estate law. Ms. Paul received her BA in Economics from Davidson College, phi beta kappa, and her JD from Harvard Law School. Ms. Paul serves as an Adjunct Professor in the Producing and Documentary Programs at the New York Film Academy and taught at the Fordham Law School Fashion Law Institute, John Jay College of Criminal Justice, Pratt Institute of Art & Design and Brooklyn Law School.


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