COPYRIGHT WORK CREATED BY ACCIDENT

Dannii Minogue, known for her contributions to the musical life of this and other countries, may well have bestowed a copyright-protected dramatic work on the world without even trying. Ananova reports that, during a recent concert, Ms Minogue started pointing at a lake behind the arena to alert the audience that a sailor was in trouble after his boat capsized. However, the audience mistook this noble-hearted gesture for a new dance and began pointing back at her. The IPKat wonders whether this dance would be protected by copyright had it been performed in the UK. The notion of a dramatic works is said in section 3 of the CDPA 1988 to include dances, but can such gesticulation be considered a dance? Must a dance be intentionally created to count as a dance? It probably doesn’t matter because mimes are also expressly said to be dramatic works and, in any event, there is no exhaustive list of works that can be considered dramatic works. For the copyright protection to kick in, Minogue would have to show that the work had been recorded but presumably someone in the audience was videoing the concert – the concert may even have been recorded for commercial or broadcasting purposes. It might be a little bit more difficult for her to assert her moral rights. To enforce her right to be identified as the author she’d have to assert her right first and the IPKat is unsure how the court would view a derogatory treatment claim when the subject of the claim arose by accident.

Learn how to rescue sailors in trouble here
Learn how to cook Dannii Minogue’s favourite dish here