Choreographic Works in the Age of Social Media: The Issues and Implications of Copyrighting TikTok Dances

Abstract

Keara Wilson, the creator of the “Savage” dance on TikTok successfully registered her dance as a choreographic work with the U.S. Copyright Office, making it the first viral TikTok dance protected under the Copyright Act of 1976. She is one of numerous TikTok dance creators seeking copyright protection for their works as the social media platform has bolstered dance dissemination through dance challenges that encourage users to reproduce and post their versions of short routines. Nevertheless, under the current guidelines for choreographic work copyright, TikTok dances are not entitled to copyright protections because of their categorization as uncopyrightable social dances. This Essay explores the current issues posed by these outdated guidelines and argues for updating the Compendium of U.S. Copyright Office Practices to include terms that reflect the current landscape of choreographic work creation in the digital age.