It appears as though the recently concluded Summer Olympic Games are not yet consigned to today’s fish and chip wrapper, largely due to the athletes and some of their performances continuing to trend on various news and social media platforms. Perhaps the most prominent example being our own B-Girl, “Raygun” (great name), whose performance has been commented on in channels and media outlets worldwide.
Commenting on her own performance, Raygun said: “What I wanted to do was come out here and do something new and different and creative – that’s my strength, my creativity …. I was never going to beat these girls on what they do best, the dynamic and the power moves, so I wanted to move differently, be artistic and creative”. Olympic Judge, Martin Gilian also said, “It’s all about originality and it’s all about bringing something new to the table and representing your country or region.”
Often new, artistic and creative works contain some form of intellectual property right (IP), and that may also be the case with Raygun and her performance. There are often different types of rights which might apply, even if they are hiding in plain sight. In Raygun’s case, they might include:
1. Trade mark – "RAYGUN"
You would be in the minority if you hadn’t heard the name Raygun in the last two weeks. The Australian trade marks office received an application to register that name/mark (RAYGUN) on 23 August 2024, filed by Rachel Louise Gunn, in relation to a range of goods and services, from software and NFT’s to clothing, advertising and promotional services, education and entertainment, dance classes and copyright licensing.
Interestingly, others were also quick off the mark with applications also filed:
- For the word “Raygun” by Levai Group Pty Ltd on 14 August 2024 (the day of competition) for goods/services, including crypto collectibles and NFT’s, dance clothing and others
- For the various words/phrases, including Raygun’s; Raygun; B-girl Raygun; Rachel Gunn Raygun, again claiming a variety of goods and services.
Those applications haven’t been accepted, and it will be interesting to see how they progress.
2. Copyright
In Australia, copyright exists in various forms of creative works. Those include dance moves and choreography where rights apply:
- If the choreography is a unique creation and recorded in some way (check those boxes)
- If the choreography is fixed in a tangible form, which is likely but may not apply to ‘freestyling’
- Simple movements or common steps are considered too generic for copyright protection unless they are part of a larger, original choreography
- Complex and original choreography can be protected, including specific sequences of movements that are creatively arranged
- That means the specific sequence and arrangement of dance steps can be protected, but the general concept of a dance move or style cannot be copyrighted
Choreographers can license their works to others and control how their choreography is used. Infringement of copyright can result in legal action, including injunctions and damages.
One notable example of a famous dance move involved in copyright protection claims and disputes is the “Thriller” dance from Michael Jackson’s iconic music video. That work became one of the most famous and influential dance routines in music video history. The choreography is characterized by its zombie-like movements and iconic group dance scenes.
3. Sponsorships and image rights
While not a traditional form of IP, Raygun has clearly developed a huge following and likely substantial commercial value, which will no doubt see her partnering with brands in the future.
Whist Raygun’s performance has been widely discussed, it also holds a number of lessons that have broad application.
Those include:
- The prevalence of IP in what might otherwise seem unexceptional
- Often, businesses overlook or are unaware that they have developed valuable IP or how to go about protecting it
- The need to act swiftly to protect your IP (such as registering trade marks) so as not to lose your rights
- The commercial value that can be generated from properly identified IP, where that is otherwise hiding in plain sight
Having regular reviews (including getting the right advice from specialists) is not just prudent, but a necessity for most organisations. Failing to obtain proper advice is likely to be a governance issue that CEOs, directors and boards should be keeping front of mind.
And for the benefit of my mate Cameron:
- No: you can’t patent your “signature dance moves”.
- Yes: they do belong back in the 80’s, where they originated (and should have stayed).
Best wishes to all of our Paralympians, with the Paralympics Games about to kick-off in Paris this week.
