Negotiation: Case Study

 

 

              Negotiation

Case Study Report

             Genuine or Copied art?


 

 

 



Introduction

 

         The case includes two dance choreographers, Vignesh and Vinita, claiming the same piece of dance choreography as their original work. Vignesh is an acclaimed contemporary dancer who even performed his piece ‘My Sacred Unrequited Love’ in the Global Dance Festival held in Rio De Janeiro in 2020. Vini runs a YouTube channel called ‘Viniart’ where she made a documentary about the different forms of dance in India which had similar choreography as Vignesh’s piece. Her channel is known for being creative and original. When confronted, Vini claimed that her documentary did not contain any of Vignesh’s work.

 

 

Analysis

 

       In this case, there can be two explanations- either Vinita copied Vignesh’s work or Vinita filmed original choreography which happened to be similar to Vignesh’s. Both these explanations depend on the fact that whether Vinita saw Vignesh’s performance, something which we cannot claim from the information provided in the case study. If we assume that Vinita copied Vignesh’s performance, we would need written proof that Vignesh choreographed it originally to enable the Copyright Act of 1957.

“Dance moves are considered choreographic works under Copyright Act of 1957 and the only way in which dance steps can be protected is by reducing them in writing by using dance notation” (Verma, 2022).

When Vignesh discovered Vini’s documentary, he approached her on Instagram, blaming her of copying his work. This could have also been a key issue which lead to the failure of a negotiation taking place between them. Vignesh let himself be carried away by his emotions resulting in Vini blocking him on Instagram.

If the second explanation is applied, Vini might not have seen Vignesh’s performance and her choreography being similar to his might have just been a coincidence. We could ask the dates on which Vignesh performed the piece for the first time and Vini uploaded her documentary and give rights to the person who displayed their work first, but this information has not been provided in the case study.

 

Recommendations

 

      Vignesh could have contacted her through a phone call or even suggested to meet her in person, instead of attacking Vini with accusations. He should have tried talking to her politely and tried to find the root of the problem through discussions. After Vini blocked him, instead of sending his lawyer to sue Vini, he could have asked the lawyer to arrange a meeting with her first, to try to listen to her side of the issue. His rushed actions angered Vini and made her refuse all offers made by Vignesh’s lawyer.


Preferred Alternative

 

      If who performed first cannot be determined to induce a copyright claim, both Vignesh and Vini should give up rights on the choreography. Vignesh should no longer perform the choreography and Vini should take it down from her channel. If neither of them copied the other’s performance, it would mean they have similar choreography styles and they could both collaborate to choreograph a new piece while giving up rights to ‘My Sacred Unrequited Love’. This new piece could be beneficial for both as with Vignesh’s popularity in the dance community and Vini’s 7 million online followers, it would be viewed by a larger number of people than any of their solo choreographies.

 

Conclusion

 

       There is no way other than a discussion with both parties, to determine whose choreography is original. Both Vignesh and Vini should have a meeting to discuss the issue in order to prevent it from going to court because it is not clear if the Copyright Act applies to Vignesh or if Vini’s work is original. A lawsuit could harm both of them.

 

References

 

Verma, B. 2022. Intellectual Property Rights and Dance Moves: An Indian Perspective. 

Sinha, H. 2021. Copyright in Choreography.

 


Location: 87P5+XM Chhote Tondabeda, Chhattisgarh, India

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