Copyright refers to the exclusive and monopolistic right, being given to the creator of creative works that includes literary, artistic or musical ones. According to the present copyright law of South Korea, dance is categorized as a kind of theatrical works, but it is necessary to discuss whether or not such a classification is appropriate. Of course, both a dance and a theatrical work can be classified into performance arts as the two genres are most closely adjacent to each other. Since dance and play have their distinct characteristics as unique genres, however, the application of a copyright should be made from different perspectives. This study aims to examine the importance of establishing professional and concrete regulations with regard to the dance works and discussing what to consider for that purpose. One of the foremost and top priority concerns for the dance works in the nation is that the domestic dance community should come up with its own copyright regulations independent from the theatrical works. As the present copyright law for the theatrical works does not consider the unique characteristics of dance such as choreography, it is hard for the domestic dance community to properly claim and exercise its rights. Therefore, independent copyright regulations are urgently needed to protect the specialized rights for the dance works apart from the theatrical works. As part of the efforts to better protect the rights for the dance works, it is also necessary to submit the storyboard of choreography or the video clips to help meet the requirements of the copyright law. It is necessary to reestablish the proper regulations for the copyright for dance after having technically and concretely examined the characteristics of dances performed in the nation and ultimately to work for the revision of the current copyright law for dance.

This study summarizes issues related to copyright issues around dance or choreography in Korea. As a result of analyzing 42 previous studies, which was searched at RISS(Research Information Sharing Services), three major issues were aroused. First, the concept of dance copyright should be defined more clearly, and the requirements for recognition of creativity in dance works should be clarified. Second, in order to activate dance copyright protection, it is necessary to fix the ephemeral phenomena of dance in tangible media. Third, dance copyright is classified as a dramatic works in Korean Copyright Act, but the term is not appropriate. The main contents of this discussion reviews copyright law and precedents of each country, including Korea. Based on these discussions, a suggested improvement plan for the protection of dance copyright is proposed.