Can TikTok Dance Choreography Receive Copyright Protection?
Introduction
Viral dance routines on TikTok can generate substantial commercial value. A choreography may become associated with a creator, attract millions of views, and later be used by a company in advertising, product promotion, or branded content. The central legal issue is whether the routine is sufficiently original to receive copyright protection and whether its commercial use requires the creator’s authorization.
Under Philippine law, copyright protection may apply to an original dance choreography as a work in the literary and artistic domain. Protection, however, does not automatically extend to every movement, gesture, dance trend, or short sequence uploaded to TikTok. The creator must be able to identify an original expressive work and establish authorship or ownership.
What Law Governs Copyright Protection?
The principal statute is the Intellectual Property Code of the Philippines, or R.A. No. 8293, as amended by R.A. No. 10372. It protects original intellectual creations in the literary and artistic domain from the moment of creation. Musical compositions are expressly included among protected works, while choreography may qualify as a dramatic or choreographic work when it contains sufficient original expressive elements.
The Supreme Court has explained that copyright protection under the Intellectual Property Code attaches by the sole fact of creation and does not depend on registration, publication, or deposit. This rule applies to original works regardless of their mode or form of expression, content, quality, or purpose ([Cosac, Inc. v. Filipino Society of Composers, Authors and Publishers, Inc. (2023)](#J1.65)).
Copyright is distinct from ownership of the physical or digital object containing the work. Possession of a video file, TikTok account, or copy of a dance recording does not, by itself, establish ownership of the underlying choreography ([Cosac, Inc. v. Filipino Society of Composers, Authors and Publishers, Inc. (2023)](#J1.20)).
When Can a Dance Routine Be Copyrighted?
A dance routine may be protected when it is an original choreographic work expressed through a sufficiently identifiable sequence, arrangement, or combination of movements. The analysis focuses on the creator’s original expressive contribution, not merely on whether the routine is popular or difficult to perform.
Examples that may support copyright protection include an intentionally arranged sequence of movements, a distinctive combination of steps, transitions, formations, gestures, and timing, or a choreographic composition created for a particular song or performance. A video recording can also serve as evidence of the choreography’s fixation and the date on which it was created or published.
By contrast, isolated movements, common dance steps, generic poses, short gestures, or movements dictated solely by the physical function of a dance may not receive exclusive protection. Copyright does not give a creator a monopoly over ordinary body movements or ideas for a dance. It protects the original expression of those ideas.
Does Posting the Routine on TikTok Destroy Copyright?
No. Uploading a choreography to TikTok does not, by itself, waive copyright protection. Under the Intellectual Property Code, an original work is protected from creation, and the creator may publish it without first obtaining a copyright registration.
Public posting may nevertheless create evidentiary and contractual issues. TikTok’s platform terms, the use of music owned by third parties, and any licensing or collaboration agreement may affect the scope of the creator’s rights against particular users. A creator should therefore distinguish between ownership of the choreography, ownership of the recording, and rights in the music used in the video.
In [Cosac, Inc. v. Filipino Society of Composers, Authors and Publishers, Inc. (2023)](#J1.18), the Supreme Court recognized that musical works are protected from the moment of creation. Thus, a creator who posts choreography to a commercially released song may own the choreography while lacking authority to license the song itself for advertising or other commercial use.
What Rights Does the Choreographer Have?
Subject to the statutory limitations and any valid agreement, the copyright owner has exclusive economic rights over the protected work. These rights generally include reproduction, adaptation or arrangement, distribution, public performance, and communication to the public.
A brand that copies a creator’s choreography into a promotional video, commercial, social-media advertisement, or branded event may implicate one or more of these rights. The legal assessment depends on what the brand did, whether the routine is protectable, whether authorization was given, and whether other rights—such as rights in music, images, or performers—are involved.
Copyright infringement is committed when a person, without the consent of the copyright owner or assignee, performs an act reserved by law to the owner. The Supreme Court has described infringement as the unauthorized exercise of an act exclusively conferred by statute on the copyright owner or assignee ([Cosac, Inc. v. Filipino Society of Composers, Authors and Publishers, Inc. (2023)](#J1.34)).
Can a Brand Use a Viral Dance for Advertising?
Generally, a brand should obtain a written license before using a creator’s identifiable choreography in commercial advertising. The fact that a routine is publicly visible on TikTok does not automatically mean that it is free for corporate use.
Commercial use may be especially significant where the brand reproduces the routine, directs employees or influencers to perform it, incorporates it into an advertisement, or uses the choreography to promote goods or services. A separate license may also be required for the song, sound recording, visual recording, and performer’s contribution.
The Supreme Court has held that public performance of copyrighted music in a commercial establishment requires authorization from the copyright owner or assignee, even when another party has already paid royalties for the original broadcast. Each communication of a broadcast to a new audience may constitute a separate public performance ([Filipino Society of Composers, Authors and Publishers, Inc. v. Anrey, Inc. (2022)](#J3.9)).
The same principle illustrates why a brand should not assume that a TikTok platform license, a music-streaming subscription, or authorization obtained by another user covers a separate commercial advertisement. The scope of every license must be examined.
What Must the Creator Prove?
A creator seeking to enforce rights should be prepared to establish the following:
- Originality: the routine contains the creator’s own expressive arrangement rather than merely common or functional movements;
- Creation and fixation: the choreography was recorded, documented, or otherwise captured in a form that can be identified;
- Authorship or ownership: the claimant created the routine or acquired the rights through a valid assignment or agreement;
- Copying or unauthorized use: the brand used substantially identifiable elements of the protected choreography without permission; and
- Commercial exploitation: the use occurred in advertising, promotion, merchandising, public performance, or another commercial activity covered by the copyright owner’s rights.
Copyright protection does not require the creator to prove that the routine became famous. Popularity may help establish access, chronology, or commercial value, but it is not a substitute for originality and ownership.
How Can a Creator Document Ownership?
Although registration is not a condition for copyright protection, careful documentation can materially strengthen an enforcement claim. Creators should preserve the earliest version of the choreography, including dated video files, project files, rehearsal recordings, choreography notes, storyboards, drafts, and metadata.
The creator should also preserve the original TikTok upload, URL, captions, publication date, comments identifying the creator, and records showing the development of the routine. Screenshots alone may be insufficient if authenticity or timing is disputed, so the underlying files and platform records should also be retained.
Written agreements are particularly important where the routine is created by several choreographers, dancers, influencers, production companies, or agencies. The agreement should state who owns the choreography, who owns the recording, who may license it, and how revenue will be divided.
Why Registration or Deposit May Still Matter
Registration or deposit is not required for copyright to exist under the Intellectual Property Code. Nevertheless, a formal record may help establish chronology, authorship, and the identity of the work in a later dispute.
The practical purpose of documentation is evidentiary rather than constitutive. It does not convert an unoriginal movement into a protected work, but it may help prove that a particular choreographic arrangement existed before the brand’s alleged copying.
What If the Routine Uses a Popular Song?
The choreography and the music are separate works. A creator may own an original dance routine while another person or entity owns the musical composition and sound recording.
A corporate campaign using the choreography may therefore require several permissions: a license from the choreographer, a synchronization or related music license, permission for the sound recording, and releases from dancers or performers. A license from only one rights holder may not authorize the entire campaign.
Creators should also avoid representing that they can grant rights they do not own. A choreography license should clearly identify whether it covers only the dance routine or also includes the music, recording, video, performers, and publicity materials.
What Defenses Might a Brand Raise?
A brand may argue that the routine consists only of unprotectable ideas, ordinary movements, or a short sequence lacking sufficient originality. It may also contend that the creator granted permission, that the use was materially different, or that the brand obtained rights from the actual owner.
The brand may further dispute ownership where the routine was created by an employee, commissioned choreographer, agency, or production company. Ownership may depend on the applicable statutory rules and the wording of the employment or service agreement.
Fair use should not be treated as a general permission for commercial advertising. The application of any exception depends on the statutory conditions and the specific facts, including the purpose and character of the use, the nature of the work, the amount taken, and the effect on the potential market.
What Remedies May Be Available?
Depending on the evidence and the circumstances, a copyright owner may consider a demand to stop the unauthorized use, removal or disabling requests directed to the platform, civil action for injunction and damages, and other remedies under the Intellectual Property Code.
Where actual damages cannot be proved with precision, the Court has recognized that temperate or comparable damages may be available when the claimant established a legally compensable injury but could not quantify the exact amount. In [Cosac, Inc. v. Filipino Society of Composers, Authors and Publishers, Inc. (2023)](#J1.16), the Supreme Court discussed the availability of damages in copyright infringement cases, including the classification of infringers and the award of temperate damages where actual damages could not be precisely shown.
Before filing a case, the creator should preserve evidence of the original choreography, the allegedly copied material, the brand’s campaign, the dates of use, audience reach, revenue or promotional benefit, and all communications concerning permission or compensation.
Typical Examples
Example 1: Direct copying in a commercial. A creator posts an original routine. A company later instructs paid influencers to reproduce the same sequence in a product advertisement without contacting the creator. This may support a copyright claim if the routine is original and the copied elements are sufficiently identifiable.
Example 2: General dance trend. A company uses a common hand gesture and ordinary dance step that appears in many videos. The creator may have difficulty claiming exclusive rights over those individual movements, particularly without evidence of a distinctive original arrangement.
Example 3: Authorized collaboration. A brand commissions the creator to design a routine and signs an agreement assigning or licensing specified rights. The creator’s ability to object later will depend on whether the brand complied with the agreement and stayed within the licensed uses.
Example 4: Music problem. The creator authorizes the choreography but does not own the song or sound recording. The brand may still need separate permissions before publishing the advertisement.
Recommended Steps for Creators
- Record and preserve the complete choreography, including drafts and rehearsal versions.
- Maintain dated evidence of creation and first publication.
- Use written agreements with co-creators, dancers, agencies, and brands.
- Separate choreography rights from music, recording, performer, and image rights.
- Require a written commercial-use license before allowing corporate exploitation.
- Monitor brand campaigns, influencer posts, and paid advertisements for unauthorized copying.
- Send a carefully documented demand before pursuing litigation or platform remedies.
Conclusion
A viral TikTok dance routine may receive copyright protection when it constitutes an original choreographic expression rather than merely an idea, common movement, or isolated gesture. Protection arises from creation and does not depend on registration, but creators should maintain strong evidence of authorship, chronology, and ownership.
Corporate brands should obtain written permission before using an identifiable routine in advertising or promotional content. Because a campaign may involve separate rights in choreography, music, sound recordings, videos, and performances, a complete rights clearance is necessary. Creators should document their work early, define ownership by contract, and license commercial uses with precise limits on duration, territory, media, compensation, and exclusivity.
About Nicolas and De Vega Law Offices
Nicolas and de Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com.
