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Copyright protection extends to works in conventional form, such as print and recordings, as well as to those in electronic form. The increasingly widespread use of digital reproduction—through “downloading” or “scanning” into personal computers—has created a whole new area of questions and problems regarding copyright. Works in this form can be quickly and easily disseminated around the world without any consent from or benefit to the copyright owner. In this environment, sending unauthorized digital copies of copyrighted work could lead to legal action for copyright infringement which, in turn, could result in civil or criminal penalties. Various organizations have begun to address legal, ethical, and intellectual concerns created by the escalating information exchange on the worldwide web. One such group, Creative Commons (http://creativecommons.org), has developed a new form of licensing that works in tandem with copyright, intended to both protect copyright owners and promote the sharing of online materials and information. FAIR USE While copyright law gives certain exclusive rights to owners, it is also designed to promote the progress of science and the arts. Consequently, the Copyright Act includes some important limitations. One of these is the fair use doctrine, which allows the limited use of copyrighted works without permission from the owner, for “criticism, comment, news reporting, teaching, scholarship or research.” In most cases where the use is commercial in nature, courts do not consider it to be “fair use.” Fair use determinations are generally made by the courts, which balance the rights of copyright owners against those of the user, on a case by case basis. A court usually bases its decision on four factors:
For the most part, only students, teachers, journalists, parodists, and researchers can legitimately (i.e., legally) claim “fair use” when copying a portion of someone else’s original creation, and then only for one of the uses specified above. As an example, if an instructor wishes to use a photograph or a short videotape clip to supplement a lecture on dance history, that would be considered “fair use” (or would fall under the teaching exemption), and permission from the owner would not be necessary. Lifting a photograph of Fred Astaire from the web for use in an advertisement, however, would require permission from the copyright owner—and probably a hefty fee. This would not be considered “fair use.” As a matter of professional ethics, the artist or copyright owner should always be given appropriate credit for the use of her or his works, whether or not copyright permission is needed. WHY REGISTER WITH THE U.S. COPYRIGHT OFFICE IF WORKS ARE AUTOMATICALLY PROTECTED? Since works are automatically protected, an author or creator is not obligated to register her or his original works with the U.S. Copyright Office to secure protection. However, there are compelling reasons for doing so. Primarily, you can only sue someone for infringing your copyright if you have registered your work with the Copyright Office. If you register your work within three months from the date of first publication, or at least prior to the date of infringement, you can ask the court to order the infringer to pay your attorney’s fees as well as statutory damages. Registering at a later time means that you can only collect actual damages, which may not be worth pursuing if you cannot prove financial loss. Another important reason for registering your works: often, the mere threat of legal action by a registered copyright holder is enough to halt a current violation or deter a future violation, saving everyone the trouble and expense of going to court. COPYRIGHT NOTICE The U.S. Copyright Office recommends the placement of copyright notice (year, copyright owner, and the symbol © or the word “Copyright” or the abbreviation “Copr.”) on any published works. Published works can include copies of notated choreography, film, and videotapes, as well as posters, books, and other traditional print media that is sold or distributed to the public. The copyright notice on works informs the public of the claim of protection so that an accused infringer cannot assert in court that he or she was unaware of copyright protection. HOW TO REGISTER WITH THE U.S. COPYRIGHT OFFICE To register a dance work, you must obtain a registration application and submit
WARNING: If you are submitting videotape or any type of magnetic media, DO NOT USE THE U.S. POSTAL SERVICE. Federal government facilities continue to irradiate their mail as a security precaution; this may result in the loss of your taped image! To safeguard your submissions, use a private, commercial carrier, such as FedEx, DHL, or UPS. You may register at any time during the term of the copyright (see below “How Long Does Copyright Protection Last?”). After receiving and examining your three required items, the Copyright Office will send you an official registration certificate, including the registration number. The Copyright Office issues certificates for 99% of applications submitted. Copyright registration does not guarantee originality or artistic merit. All challenges to copyright are resolved in the courts, rather than by the U.S. Copyright Office. The application form, online registration list, and further details are available at the Library of Congress web site, http://www.loc.gov/copyright/. You may also call their office at 202-707-3000. 
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