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Public domain dance moves

PostPosted: 22 May 2016, 02:09
by leilei
Hi

I've been toying with the idea of a full body dancemove taunt button for OA3 (inspired by a certain recent game sequel's multiplayer feature) and i've been wondering how and where to determine if a dance move is legally compatible with the GNU GPL because it could fall under being a copyrighted reference/cheorography/performance.


because.....I'm pretty certain I can't make a caramelldansen, harlem shake, twerking or macarena button under the GPL

Re: Public domain dance moves

PostPosted: 22 May 2016, 05:54
by Julius
I guess you have seen this as it comes up with Google at the first hit, but for reference:
http://lawstreetmedia.com/issues/entert ... reography/

IANAL, but I am sure you can't use the term such as "press the Macarena button" to perform the dance, but given that I assume we are talking about short movement sequences less that 3 seconds or such I doubt that this can be considered a choreography (mere "dance moves" seem to be non-copyrightable according to the article). To quote the article:

So, how exactly can you copyright choreography? First, one has to define choreography. It is not as simple as a few dance moves strung together. Instead, Martha Traylor, a legal commentator, has suggested that we define dance as the “planned movement, set into a time frame, for the benefit and enjoyment of the passive observer.”


So most likely you will not run into legal issues using some dance-moves that are somehow recognizable as part of the recent pop-culture.

But besides that, why bother? Any kind of funny movement (see T-bagging) will do, no need for a "dance". And you could also look into traditional folk dances that are in the public domain if you really want to have some reference.

Re: Public domain dance moves

PostPosted: 22 May 2016, 12:04
by leilei
Julius {l Wrote}:see T-bagging

yes let's do a disgusting male-oriented humiliation on winners podiums great idea

Re: Public domain dance moves

PostPosted: 22 May 2016, 12:21
by andrewj
I am not a lawyer either, but my feeling is that copyright laws require a "substantial" length for a work and a single dance move lasting a few seconds would be too short to copyright. Similar to how you cannot copyright a single word, but you can copyright a short story.

I also doubt that dance moves can be patented.

That leaves trademarks -- I think dance moves could be trademarked, but I dunno if any have actually been trademarked, and the usage in a game (especially a free game) may not even infringe such a trademark.

Re: Public domain dance moves

PostPosted: 22 May 2016, 14:56
by Julius
leilei {l Wrote}:
Julius {l Wrote}:see T-bagging

yes let's do a disgusting male-oriented humiliation on winners podiums great idea


What do you mean? It's a courteous show of homosexual affection, displayed out of uttermost respect & love for your sparring partner of course! /s

But besides good or bad examples to illustrate a point (which does not imply approval of such behavior), nearly all dance moves have a sexual connotation no matter how much of it is hidden under layers of prudery or sexual concepts lost in history. It is also nearly always a show (or at least used as a show) of masculinity (or femininity) for attracting sexual partners or to establish oneself in the mating hierarchy of one's social context (especially when used as a "winning dance"). So the difference to trying to establish sexual domination through (admittedly adolescent) "T-bagging" is really not that big :p