Australian Copyright Council

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FAQ

Can our dance school use choreography created by a former teacher at the school?
15/06/2008

The school will need to work out who owns copyright in the choreography. If the teacher owns copyright, the school will need to assess whether or not it retains a licence to teach and perform it. If the teacher was an employee of the school and created the work as part of his or her job, the school owns the copyright.

 

On the other hand, if the teacher was a freelancer, and was commissioned to create the choreography for the school, or created the choreography as an addition to his or her duties as an employee, the teacher will own copyright (unless there was an agreement to the contrary). If the school does not own copyright, it may nevertheless have a licence to use the choreography for the purposes that have been agreed. In many cases, however, it may be difficult to work out whether a school has a licence or not, particularly if the teacher created the choreography only for his or her class or classes.

 

Where a teacher creates choreography for use in a school, it could be in the school's interests to have an agreement allowing the school ongoing use of the choreography. From the teacher's point of view, however, there may be benefits in permitting the work to be used by the school only from year to year (so that the teacher can terminate the permission after leaving the school). In any case, it is preferable for the teacher and school to have whatever is agreed set out in writing.