Critical Race Theory And Copyright In American Dance

The effort to win federal protection for dance in the United States was a racialized and gendered contest. Picart traces the evolution of choreographic works from being federally non-copyrightable to becoming a category potentially copyrightable under the 1976 Copyright Act, specifically examining Loíe Fuller, George Balanchine, and Martha Graham.

The effort to win federal protection for dance in the United States was a racialized and gendered contest. Picart traces the evolution of choreographic works from being federally non-copyrightable to becoming a category potentially copyrightable under the 1976 Copyright Act, specifically examining Loíe Fuller, George Balanchine, and Martha Graham.

But the book also uncovers a host of marginalized figures - from the South Asian dancer Mohammed Ismail, to the African American pantomimist Johnny Hudgins, to the African American blues singer Alberta Hunter, to the white burlesque dancer Faith Dane - who were equally interested in positioning themselves as subjects rather than objects of property, as possessive individuals rather than exchangeable commodities. Choreographic copyright, the book argues, has been a site for the reinforcement of gendered white privilege as well as for challenges to it.

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The book illuminates the legal and business history of the American theatre through new archival discoveries.

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"Choreographing Copyright provides a historical and cultural analysis of U.S.-based dance-makers' investment in intellectual property rights. Although federal copyright law in the U.S. did not recognize choreography as a protectable class prior to the 1976 Copyright Act, efforts to win copyright protection for dance began eight decades earlier. In a series of case studies stretching from the late nineteenth century to the early twenty-first, the book reconstructs those efforts and teases out their raced and gendered politics. Rather than chart a narrative of progress, the book shows how dancers working in a range of genres have embraced intellectual property rights as a means to both consolidate and contest racial and gendered power. A number of the artists featured in Choreographing Copyright are well-known white figures in the history of American dance, including modern dancers Loie Fuller, Hanya Holm, and Martha Graham, and ballet artists Agnes de Mille and George Balanchine. But the book also uncovers a host of marginalized figures - from the South Asian dancer Mohammed Ismail, to the African American pantomimist Johnny Hudgins, to the African American blues singer Alberta Hunter, to the white burlesque dancer Faith Dane - who were equally interested in positioning themselves as subjects rather than objects of property, as possessive individuals rather than exchangeable commodities. Choreographic copyright, the book argues, has been a site for the reinforcement of gendered white privilege as well as for challenges to it. Drawing on critical race and feminist theories and on cultural studies of copyright, Choreographing Copyright offers fresh insight into such issues as: the raced and gendered hierarchies that govern the theatrical marketplace, white women's historically contingent relationship to property rights, legacies of ownership of black bodies and appropriation of non-white labor, and the tension between dance's ephemerality and its reproducibility"--

There are two oppositional narratives in relation to telling the story of indigenous peoples and minorities in relation to globalization and intellectual property rights. The first, the narrative of Optimism, is a story of the triumphant opening of brave new worlds of commercial integration and cultural inclusion. The second, the narrative of Fear, is a story of the endangerment, mourning, and loss of a traditional culture. While the story of Optimism deploys a rhetoric of commercial mobilization and “innovation,” the story of Fear emphasizes the rhetoric of preserving something “pure” and “traditional” that is “dying.” Both narratives have compelling rhetorical force, and actually need each other, in order to move their opposing audiences into action. However, as Picart shows, the realities behind these rhetorically framed political parables are more complex than a simple binary. Hence, the book steers a careful path between hope rather than unbounded Optimism, and caution, rather than Fear, in exploring how law functions in and as culture as it contours the landscape of intellectual property rights, as experienced by indigenous peoples and minorities. Picart uses, among a variety of tools derived from law, critical and cultural studies, anthropology and communication, case studies to illustrate this approach. She tracks the fascinating stories of the controversies surrounding the ownership of a Taiwanese folk song; the struggle over control of the Mapuche’s traditional land in Chile against the backdrop of Chile’s drive towards modernization; the collaboration between the Kani tribe in India and a multinational corporation to patent an anti-fatigue chemical agent; the drive for respect and recognition by Australian Aboriginal artists for their visual expressions of folklore; and the challenges American women of color such as Josephine Baker and Katherine Dunham faced in relation to the evolving issues of choreography, improvisation and copyright. The book also analyzes the cultural conflicts that result from these encounters between indigenous populations or minorities and majority groups, reflects upon the ways in which these conflicts were negotiated or resolved, both nationally and internationally, and carefully explores proposals to mediate such conflicts.