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Going Viral, Staying Credited: The Copyright Puzzle of Social Media Choreography

  • Writer: Avanee Tewari
    Avanee Tewari
  • 2 hours ago
  • 7 min read

Introduction

 

The meteoric growth of short-form content platforms such as TikTok and Instagram Reels has transformed how creative works are produced, shared, and consumed in India. From meticulously choreographed dance trends to innovative augmented reality (AR) effects, the digital sphere has opened avenues for millions to become creators. Yet, this surge in user-generated content also raises intricate legal and ethical concerns, particularly around copyright, attribution, and infringement.

 

At the heart of these discussions lie two particularly contentious areas: the ownership and protection of viral TikTok dances—often choreographed by individual creators but replicated by millions without credit—and the use and modification of social media filters, which involve layered questions about software, design rights, and artistic contribution. While Indian copyright law provides a legal framework for the protection of original works, its applicability to digital expressions like dances and AR filters is still evolving.

 

The questions of who owns these works, how they are protected under copyright law, and what constitutes unauthorized use remain far from settled. While international as well as Indian copyright frameworks offer baseline protections for original works, their application to ephemeral and interactive digital content raises unresolved legal challenges.

 

This article explores the copyright implications of TikTok dances within the Indian legal context, examining how existing laws address these issues, the gaps that remain, and the broader implications for digital creators, influencers, and technology platforms operating in India.

 

Choreography and Copyright: An Overview

 

While copyright laws allow choreographers to protect their work, it was originally intended for dance forms like ballets and other lengthy, complicated and prestigious compositions. It is essential to understand that the process of choreographing a dance involves a high level of creativity, time, and dedication. Choreographers meticulously craft movements, sequences, and expressions that reflect their unique artistic vision. By granting copyright protection to their work, the law formally recognizes choreography as a legitimate form of Intellectual Property. This not only affirms the choreographer’s creative ownership but also empowers them to commercially benefit from their work while ensuring that their original creations are not misused, altered, or copied without permission.

 

For choreography to qualify for copyright protection, the choreography must be original, and independently created by the choreographer; while the same say be a derivative of an existing form, the same needs to be differentiable enough to create an independent expression. Additionally, it must be fixed in a tangible medium of expression. This means the dance must be recorded or documented in a form that can be perceived, reproduced, or communicated over time. Common forms of fixation include video recordings, written dance notation, photographic sequences, or even illustrative drawings that capture the choreography in a systematic way.

 

Beyond fixation, for choreography to be eligible for copyright registration, it must involve the deliberate composition and arrangement of a series of interrelated dance movements and patterns that together form a coherent and expressive whole. Merely recording a collection of isolated movements or simple gestures without an overarching structure does not meet this threshold. Thus, it is clear that not all movement-based works are copyrightable. The law explicitly excludes certain types of bodily movements and routines that are seen as functional, commonplace, or lacking sufficient creativity. For instance, sequences involving static or repetitive physical motions, such as forming letters with one's arms, standard yoga postures, celebratory gestures in sports (like touchdown dances), or basic exercise routines, are generally considered uncopyrightable. These actions are viewed as utilitarian or universally accessible performances, often intended for mass participation rather than artistic expression.

 

Furthermore, the inclusion of social dances within a choreographic work can render the entire composition ineligible for copyright protection. Under copyright law, social dances are defined as routines intended for recreational performance by the general public, often in informal or communal settings. They are typically participatory in nature, performed at social gatherings, parties, or public events, and designed primarily for enjoyment rather than professional presentation. Because of their collective and widely practiced nature, such dances are not considered original enough to merit copyright protection on their own.

Registering the choreography with the appropriate copyright office establishes a public record of the copyright claim and is often beneficial to file a lawsuit for copyright infringement in many jurisdictions.

 

However, there is still ambiguity with respect to the what qualifies to be protected and while courts  have examined different characteristics of the work such as composition, arrangement, movements, patterns, expression dichotomy, length etc., the criteria for determination remains a topic of ongoing debate, examined by courts on a case-by-case basis. As a result, some dance sequences receive copyright protection while others do not.

 

The Future of Short-Form Choreography on Platforms Like TikTok

 

TikTok dances typically comprise short, catchy sequences of movements that often evolve into ‘dance challenges’, rapidly spreading across the platform as users, including influencers and celebrities, recreate them. The nature of TikTok and similar platforms encourages content to go viral, with creators aiming to gain visibility, followers, and eventually, opportunities for monetization through brand partnerships and sponsorships. However, while the original choreographers behind these viral dances may not always seek legal recourse or copyright protection, the ongoing conversation around ownership is not only focussed on legal rights  but also focused on attribution and recognition. A central issue is whether popular influencers or celebrities who perform and share viral dances have a responsibility to credit the original creators, who are often lesser-known individuals or young dancers whose work sparked the trend.

This question of credit is far from trivial. For choreographers, especially those trying to break into the industry, receiving proper recognition for their creations can lead to substantial professional opportunities, including collaborations, endorsements, and broader exposure. When their work is widely shared without acknowledgment, they risk losing not only creative credit but also the potential benefits that can come from being seen by the right audience. For choreographers, artistic credit translates to massive opportunities if the right people know who did it.

 

A notable example is the “Renegade” dance, choreographed by 14-year-old Jalaiah Harmon, which went viral worldwide through performances by celebrities and influencers. Similarly, Keara Wilson’s “Savage” choreography, after official registration, became enforceable intellectual property, meaning others wishing to monetize it must seek her permission and potentially share revenue. In another instance, Haley Sharpe’s dance for Doja Cat’s “Say So” gained visibility when the artist acknowledged her in the official music video, even though Sharpe had not registered her work.

 

On TikTok, the platform’s design tends to prioritize virality over origin tracking. It does not provide tools for identifying the first creator of a trend, and content ranking favors popularity rather than chronology. This environment allows high-follower accounts to unintentionally (or intentionally) overshadow the original creator.

 

TikTok’s terms of service grant the company and its affiliates broad rights to use uploaded content but do not specifically authorize other users to copy or adapt another creator’s choreography without permission. As a result, external protections and informal norms often fill the gap. Some examples of the below protocols have been put in place:

 

i)                 Issuance of Digital Millennium Copyright Act (DMCA) takedown request: Once a choreographer has secured formal copyright protection for their dance work, they gain the legal authority to enforce their rights, including the ability to issue a takedown request under the Digital Millennium Copyright Act (DMCA) if their choreography is used without permission (while the same is a US law, its principles and takedown procedure is often applied in India as well and copyright holders can issue takedown notices to service providers). This mechanism is a key tool in the digital age for combating unauthorized use of creative content online. The DMCA takedown process begins with the copyright holder submitting a notice to the relevant online service provider, requesting that the infringing material be removed. These service providers may include internet companies like Xfinity, content platforms such as YouTube, or even search engines like Google. To initiate a valid takedown, the copyright owner (or their authorized representative) must include specific information in the notice. This includes, (a) a clear identification of the copyrighted material that has allegedly been infringed; (b) details sufficient to locate and identify the infringing content; (c) a declaration that the complainant holds the copyright or is acting on behalf of the copyright holder; and (d) a good-faith statement affirming that the use of the material is unauthorized under copyright law. Upon receiving a valid notice, the service provider is required to promptly notify the individual responsible for uploading or sharing the content. That individual then has two choices: comply with the takedown and remove the content, or file a counter-notice if they believe the claim is invalid or if they have a legal right to use the material, for instance, under fair use or with permission. If the alleged infringer submits a counter-notice, and the original copyright owner still believes the use constitutes infringement, the dispute may escalate into formal legal action. The copyright holder may then choose to file a lawsuit to assert their rights and seek remedies through the court system;

ii)               Repeat Infringer Policy:  TikTok has a Repeat Infringer Policy which issues strikes for copyright infringements. As per the same, if a user has received 3 strikes, TikTok has the authority to ban the said user’s account;

iii)              Creator Rewards Fund: Another safeguard that was introduced by TikTok in 2020, was its Creator Fund, which promised two hundred million dollars to compensate creators for the videos they were making. However, eligibility for the program turned on the user’s popularity with minimum requirements of 10,000 followers and at least 10,000 video views in the thirty days prior. In some instances the creators complained that even after enrolment they were not adequately rewarded or saw an inexplainable drop in viewership after enrolment. However, TikTok’s step seems to be in the correct direction.

 

Ultimately, the purpose of protecting dance routines is not to prohibit others from performing them but to safeguard recognition and potential earnings for the originator.

 

Conclusion

 

In today’s culture of instant virality, protecting choreography requires a nuanced balance between legal safeguards and the collaborative nature of online creativity. Copyright protection for choreography touches on artistic rights, cultural heritage, and commercial value—making it essential to strike a balance between exclusivity and creative freedom.

 

For India, integrating choreographic works into its evolving IP framework is a timely opportunity. By using digital tracking tools, fostering partnerships between government and platforms, and increasing public awareness, India can strengthen the rights of dance creators while encouraging innovation as platforms like Moj and Reels gain popularity. As the country’s role in the global creator economy grows, ensuring fair recognition for choreographers is not merely a legal obligation but also a cultural necessity.

 



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Avanee Tewari

Managing Associate











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