Race-ing Choreographic Copyright

Abstract

In 2002, a Federal District Court in New York awarded the copyrights to most of white modern dance legend Martha Graham’s choreographic works to the Martha Graham Center of Contemporary Dance, rather than to Graham’s heir, Ronald Protas. The case and the ruling set off a flurry of debate and discussion in the modern dance community about the ownership of choreographic works. Some celebrated the decision for enabling the Graham Company to continue performing works from the Graham repertory after a hiatus of several years. Others in the modern dance world, however, greeted the decision with grave concern. For this camp, the court’s finding that Graham was an employee of the non-profit corporation she set up in 1948, and therefore not in a position to bequeath the rights to her choreography to Protas, set off alarms. How could the most towering figure in American modern dance, widely considered an artistic ‘genius,’ not own her own choreography (Van Camp, 2007)?

This chapter has benefited enormously from the incisive feedback of the fellow authors represented in this volume. My sincere gratitude to all of them.