The Claim
Contemporary dance choreographer Anne Teresa de Keersmaeker accused Beyoncé of plagiarizing her work in a October 2011 radio interview. Dance moves, costumes, set design and cinematography from de Keersmaeker’s dance films “Rosas danst Rosas” (1997) and “Achterland” (1990) appear in Beyoncé’s music video for “Countdown,” as seen in the side-by-side comparison video below.
I’m not mad, but this is plagiarism. This is stealing.
Beyoncé is not the worst copycat; she sings and dances very well, and she has a good taste! On the other hand, there are protocols and consequences to such actions, and I can’t imagine she and her team are not aware of it.
Choreographer Anne Teresa de Keersmaeker, quoted in Pitchfork
Clearly, the ballet ‘Rosas danst Rosas’ was one of many references for my video ‘Countdown.’ It was one of the inspirations used to bring the feel and look of the song to life.
I was also paying tribute to the film, ‘Funny Face’ with the legendary Audrey Hepburn. My biggest inspirations were the ’60s, the ’70s, Brigitte Bardot, Andy Warhol, Twiggy and Diana Ross. I’ve always been fascinated by the way contemporary art uses different elements and references to produce something unique.
Beyoncé, quoted in ArtsBeat New York Times Blog
Can choreography be copyright-protected?
Works become eligible for copyright protection when they are “fixed in any tangible medium of expression” – a challenge for choreography, which may only exist as an ephemeral dance performance. Dance notations provide a method of recording choreography in a copyrightable format. The Dance Heritage Coalition also provides a guide to best practices for fair use in dance and dance scholarship.
Fair or Infringement?
Fair Use doctrine applies a four factor analysis to determine whether the use of copyright-protected content is allowable without obtaining permission from the copyright holder:
Nature and character of the use
- Did Beyoncé make commercial use of the original de Keersmaeker choreography in her music video for the song Countdown?
- Transformative uses are defined as those that “add something new, with a further purpose or different character, and do not substitute for the original use of the work.” Did Beyoncé transform de Keersmaeker’s choreography?
- Specific fair uses are actually mentioned in copyright law. They include:
- criticism
- comment
- news reporting
- teaching
- scholarship or research
- additional uses protected by case law include parody and satire
- While all four factors must be considered holistically, this factor is generally given the most weight.
Nature of the copyrighted work
- Creative works (dance choreography) have more protection under fair use doctrine than technical works (warm-up routines).
- Unpublished works have more protection than published works; the original dances were produced in 1983 and 1990.
Amount and substantiality of the portion used in relation to the copyrighted work as a whole
- What amount of the original choreography, costuming, set design and cinematography is used in Beyoncé’s video, and how substantial is that content in relation to the original? Is it the ‘heart’ of the original work?
Effect of the use upon the potential market for the copyrighted work
- Does the sale of Beyoncé’s album and other merchandise affect the potential market for the original dance performances, choreography, or set design?
- Would the people who bought Beyoncé’s album or merchandise choose to buy tickets to the original de Keersmaeker productions instead?
The Outcome
A lawyer representing de Keersmaeker and “Rosas danst Rosas” director Thierry de Mey contacted Beyoncé’s representative at Sony, asserting that the “Countdown” video could not be shown without their approval, but did not pursue legal action.
As many analysts point out, pop art and culture are accumulative by nature:
Everything is out there, ready to be sampled, recycled, recontextualised.
Luke Jennings in The Guardian
Beyoncé herself acknowledged the breadth of influences celebrated in the “Countdown” video, which The Guardian’s dance and theater writer describes as
a very slick, very new-retro piece of film-making, and borrowed imagery is absolutely the point of it.
Likewise, experimental choreographer Anne Teresa de Keersmaeker expressed gratitude that her dance creations from the 1980s and ’90s are seeing new life thanks to the exposure and interest generated by the Beyoncé tribute.
Learn More
Battan, Carrie. “Beyoncé Accused of Ripping Off Belgian Choreographer for “Countdown” Video.” Pitchfork, Oct. 11, 2011, https://pitchfork.com/news/44269-beyonce-accused-of-ripping-off-belgian-choreographer-for-countdown-video/.
Bourne, Matthew. “How Do You Write a Dance?” iWonder, BBC, 2015, http://www.bbc.co.uk/guides/ztm9d2p.
Dance Heritage Coalition. “Copyright and Fair Use.” Dance Heritage Coalition, http://www.danceheritage.org/fairuse.html.
“Did Beyoncé Step on a Dancer’s Toes?” The Irish Times, Oct. 24, 2011, p. 12, ProQuest Historical Newspapers: The Irish Times and The Weekly Irish Times, http://ezaccess.libraries.psu.edu/login?url=https://search.proquest.com/docview/1008568227?accountid=13158.
Gardner, Eriq. “Why an Allegation That Beyoncé Plagiarized Dance Moves Is Truly Unique (Analysis).” The Hollywood Reporter, Oct. 13, 2011, https://www.hollywoodreporter.com/thr-esq/why-an-allegation-beyonc-plagiarized-248208.
Jennings, Luke. “Beyoncé v De Keersmaeker: Can You Copyright a Dance Move?” The Guardian, Oct. 11, 2011, https://www.theguardian.com/stage/theatreblog/2011/oct/11/beyonce-de-keersmaeker-dance-move.
Kaufman, Gil. “Beyonce’s ‘Countdown’ Dancing ‘Surprised’ Original Choreographer.” MTV News, Oct. 11, 2011, http://www.mtv.com/news/1672317/beyonce-countdown-music-video-dancing/.
McKinley, James C., Jr. “Beyoncé Accused of Plagiarism Over Video.” ArtsBeat New York Times Blog, Oct. 10, 2011, https://artsbeat.blogs.nytimes.com/2011/10/10/beyonce-accused-of-plagiarism-over-video/.
Thompson, Paul. “This is Plagiarism: Beyoncé Accused of Copying Choreography in New Countdown Video.” The Daily Mail, Oct. 11, 2011, http://www.dailymail.co.uk/tvshowbiz/article-2047520/Beyonc-accused-copying-choreography-new-Countdown-video.html.
U.S. Code. “17 U.S. Code § 102 – Subject matter of copyright: In general.” Legal Information Institute, Cornell Law School, https://www.law.cornell.edu/uscode/text/17/102.