tag:blogger.com,1999:blog-12505562.post112480538473259615..comments2024-03-15T11:42:21.265-04:00Comments on The Patry Copyright Blog: Copyright and AthleticsWilliam Patryhttp://www.blogger.com/profile/12987498082479617363noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-12505562.post-1135181799911196832005-12-21T11:16:00.000-05:002005-12-21T11:16:00.000-05:00You can find a more in-depth analysis of the copyr...You can find a more in-depth analysis of the copyrightability of sports celebration moves at http://www.abromsononsportslaw.com/scm.html.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1129248532838866232005-10-13T20:08:00.000-04:002005-10-13T20:08:00.000-04:00I authored a law review article regarding exactly ...I authored a law review article regarding exactly what Eric is speaking about. My assertion is that as long as the Sports Celebration Move, as I called it, involves more than a simple move or two, among other things, so as to pass the scrutiny of the idea/expression dichotomy, it should be copyrightable. My article can be found at 14 Marq. Sports L. Rev. 571 (2004).Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1124836827562114412005-08-23T18:40:00.000-04:002005-08-23T18:40:00.000-04:00I think the references to sports formations confus...I think the references to sports <I>formations</I> confuses the issue. To me, the Q is--can the Ickey Shuffle or some other celebratory move in a sports event be protected under copyright law? Answer--I see these moves as very short choreographed dances. Perhaps they are too short to warrant copyright protection, but like you, I can't distinguish the celebratory dance from a dance production except by length.<BR/><BR/>Eric.Eric Goldmanhttps://www.blogger.com/profile/01593907559974631866noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1124835764374981712005-08-23T18:22:00.000-04:002005-08-23T18:22:00.000-04:00Maybe the proper question is, 'what is a writing?'...Maybe the proper question is, 'what is a writing?' What about this?: Movement is not a writing, because a performer does not reproduce movement, he or she <I>repeats</I> movement for the sake of sharing information with more than one audience. If we are going to value live performance ( dance, football) as a means of sharing information, then maybe we need to honor alternative means for protecting repeated movement (e.g. "community enforcement") Here, I would argue that choreographers are "doing business" even without observing cr formalities.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1124816267711586232005-08-23T12:57:00.000-04:002005-08-23T12:57:00.000-04:00If football is functional in that that the object ...If football is functional in that that the object is to get to the other end of the field, then choreography is also functional in that it expresses a desired message or evokes certain emotions. There does not appear to be a distinction between the two. <BR/><BR/>Also, football admittedly has rules that restrict choices, but it does not follow that the entire "I-Bone" formation would then be uncopyrightable. The necessary choices (i.e., how many players on the field, when they can advance) may not receive protection, but the creative decisions beyond that should.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1124816203282495712005-08-23T12:56:00.000-04:002005-08-23T12:56:00.000-04:00While copyright is a poor fit for sports moves, I ...While copyright is a poor fit for sports moves, I see no reason why patents (ugh, patents) wouldn't or don't work for sports formations or yoga rountines. I am not sure about dancing, although I am aware that Michael Jackson has a patent on some aspects of the Moonwalk (5,255,452). Less interesting that it sounds.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1124811659592753772005-08-23T11:40:00.000-04:002005-08-23T11:40:00.000-04:00Both yoga sequences and sports plays appear to be ...Both yoga sequences and sports plays appear to be means to an end more than "mere" expression. In that sense, they produce a result that is more consistent with patent law than copyright.Anonymousnoreply@blogger.com