Can You Copyright a Dance Move?
Mostly no for individual moves. Mostly yes for substantial choreographic works. The line is where copyright law has been actively litigated since TikTok made specific dance moves famous and the question of who owns viral dance trends became a real legal issue.
For working choreographers and dancers in 2026, the practical reality is that creating short viral dance moves provides limited copyright protection, while creating substantial choreographic works does have meaningful protection. Here’s where the line actually falls.
The basic rule
Copyright law in most jurisdictions protects “choreographic works.” Under US law specifically:
- Choreographic works are explicitly protected under the Copyright Act (Section 102(a)(4))
- The work must be original
- The work must be sufficiently developed and fixed in tangible form (video recording, notation, or sufficient written description)
- The work must demonstrate creative expression beyond simple movements
What this means:
- A short sequence of standard moves (a 5-second TikTok dance) typically isn’t protected
- A substantial choreographic work (a full dance piece, ballet, music video choreography) typically is
- Individual moves and steps aren’t copyrightable; combinations and arrangements can be
What’s clearly not copyrightable
Several categories that consistently fail copyright protection:
Individual movements
Specific moves like a particular step, a particular gesture, a particular pose. These are too short or too functional to qualify.
Common dance vocabulary
Standard ballet steps, established hip-hop moves, common social dance patterns. These are part of the dance vocabulary that everyone can use.
Athletic feats
Pure athletic accomplishments (a triple pirouette, a specific tumbling sequence) generally aren’t choreographic works.
Functional movements
Movements that primarily serve a functional purpose rather than artistic expression.
What can be copyrightable
Substantial choreographic works that meet copyright thresholds:
Full dance compositions
A complete choreographed piece (3 minutes or longer typically) with original creative arrangement of movement.
Music video choreography
Substantive choreography for music videos, with original creative expression of how the dance interacts with the music.
Theatrical dance works
Ballets, contemporary dance pieces, musical theater dance numbers — substantial works with documented choreography.
Distinctive long dance sequences
Even shorter sequences (30 seconds to several minutes) can qualify if they’re sufficiently substantive and creative.
The TikTok dance question
A specific subject that’s been actively contested: who owns viral TikTok dance moves?
The general position
Short viral TikTok dance moves (typically 15-30 seconds, made up of a few movements set to a popular song) typically don’t meet copyright thresholds. Individual moves aren’t copyrightable; the short combinations often aren’t substantial enough.
Notable cases
Several TikTok creators have tried to claim copyright in viral dance moves:
- The “Renegade” dance creator Jalaiah Harmon received industry recognition but had limited copyright enforcement options
- The “Savage” dance creator faced similar issues
- Various creators have tried platform takedowns with mixed results
In most cases, the choreographic works fall below copyright thresholds, leaving creators with limited options.
Workarounds that have been tried
- Trademark on dance move names
- Right of publicity for likeness use
- Industry credit norms
- Platform-level creator credit features
Each provides partial protection without solving the underlying copyright question.
The threshold question
How long or substantial does choreography need to be for copyright protection?
The legal answer: it depends on creativity, not just length. A short but distinctly creative sequence can qualify; a long but mostly generic sequence might not.
Practical guidelines:
- Under 15 seconds: typically too short
- 15-30 seconds: borderline, depends on creativity
- 30 seconds to 1 minute: more likely to qualify with creative substance
- Over 1 minute: typically qualifies with creative substance
These are general guidelines, not strict rules. Specific cases turn on specific facts.
What working choreographers should do
For working professional choreographers:
Document your work in writing or video
Choreographic works require fixation in tangible form. Standard methods:
- Video recording of complete works
- Choreographic notation (Laban, Benesh, or other systems)
- Detailed written description with sequence and timing
The fixation creates the work that’s potentially copyrighted.
Register substantial works
Register your significant choreographic works with online services. For US-based professionals, USCO Form PA (Performing Arts) covers choreographic works.
Cost: $1 (online) + $45-$65 (USCO).
Use contracts for commissioned work
When choreographing for productions, contracts should specify:
- Who owns the choreography
- Whether you retain rights for future productions
- Authorship credit requirements
- Compensation for revivals or restagings
Document the creative process
Sketches, music notes, rehearsal recordings — all support authorship claims.
What dancers (vs choreographers) should know
For working dancers:
Your performance has rights
Your specific performance is protected by performers’ rights in most jurisdictions. This includes attribution rights and protection against unauthorized recording.
Standard performance contracts
Performance agreements typically specify:
- Recording rights (whether the performance can be recorded)
- Use of recordings
- Compensation for various uses
- Performers’ rights protections
TikTok and social media performance
Performing someone else’s choreography on social media is generally permitted (especially for TikTok dance trends). But:
- If the choreography is copyrighted and your performance is commercial, license may apply
- Music typically requires separate licensing
- Standard TikTok terms cover most personal use
Common scenarios
A few specific situations:
“I created a TikTok dance that went viral”
Limited copyright protection for short viral dances. Options include:
- Building your career as the creator (cultural credit)
- Trademark on dance name
- Right of publicity for your appearance
- Platform creator monetization features
The legal protections are limited but cultural/career building can capture some value.
”I’m a choreographer and someone is using my work without credit”
If it’s a substantial choreographic work, copyright applies. Document the original, document the unauthorized use, file appropriate takedowns or pursue formal action.
”A music video uses my choreography without licensing”
If you created the choreography for a different production and someone copied it, that’s potentially infringement. Standard enforcement applies.
”Someone is teaching my choreography in classes”
Teaching choreography (vs performing it) involves educational fair use considerations. Substantial commercial teaching of your specific choreography without authorization is more clearly problematic than non-commercial educational use.
The summary
Individual dance moves typically aren’t copyrightable. Substantial choreographic works are.
For working choreographers:
- Document your work in video or notation
- Register substantial works
- Use contracts for commissioned work
- Build cultural recognition for the creative content protection doesn’t fully cover
For dancers:
- Understand your performers’ rights
- Use standard contracts for performance work
- Recognize the limits of copyright for short viral moves
The dance industry has been adapting to the TikTok-era reality that many of its most-viewed creative expressions don’t fit traditional copyright protection. The combination of legal protection for substantial works plus cultural recognition for shorter pieces is the working framework.
For the broader idea-expression analysis, see our piece. The dance question is a specific application of broader copyright principles.