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White Womanhood, Property Rights, and the Campaign for Choreographic Copyright: Loïe Fuller's Serpentine Dance

Published online by Cambridge University Press:  02 April 2012

Anthea Kraut
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In 1892 Loïe Fuller, often figured as one of the “mothers” of modern dance, brought an infringement suit in New York against a chorus girl named Minnie Renwood Bemis in an attempt to enjoin Bemis from performing a version of the Serpentine Dance, which Fuller claimed to have invented. The dance, distinctive for its use of yards of illuminated silk fabric, made the American-born Fuller famous in Europe and spawned a host of imitators on both sides of the Atlantic.

Intent on staking her proprietary claim on the dance, Fuller took the precaution of submitting a written description of it to the U. S. Copyright Office. Ultimately, however, the judge for the U.S. Circuit Court denied Fuller's request for an injunction on the grounds that the Serpentine Dance told no story and was therefore not eligible for copyright protection. Although Fuller clearly regarded her expressive output as intellectual property, dance at the time lacked legal recognition as a copyrightable category in its own right and merited protection only if it qualified as a “dramatic” or “dramatico-musical composition.”

Type
Articles
Information
Dance Research Journal , Volume 43 , Issue 1 , Summer 2011 , pp. 3 - 26
Copyright
Copyright © Congress on Research in Dance 2011

References

Works Cited

Albright, Ann Cooper. 2007. Traces of Light: Absence and Presence in the Work of Loie Fuller. Middletown, CT: Wesleyan University Press.Google Scholar
Allen, Robert Clyde. 1991. Horrible Prettiness: Burlesque and American Culture. Chapel Hill: University of North Carolina Press.Google Scholar
Allen, Theodore W. 1994/1997. The Invention of the White Race. 2 vols. New York: Verso.Google Scholar
Arcomano, Nicholas. 1980. “Choreography and Copyright: Part One.” Dance Magazine 54 (4): 58–59.Google Scholar
Brace, Laura. 2004. The Politics of Property: Labour, Freedom and Belonging. New York: Palgrave Macmillan.Google Scholar
Cherniavsky, Eva. 2006. Incorporations: Race, Nation, and the Body Politics of Capital. Minneapolis: University of Minnesota Press.Google Scholar
Clarke, Eric O. 1999. “The Citizen's Sexual Shadow.” boundary 26 (2): 163–91.Google Scholar
Coffman, Elizabeth. 2002. “Women in Motion: Loie Fuller and the ‘Interpenetration’ of Art and Science.” Camera Obscura 17 (1): 73–105.CrossRefGoogle Scholar
Coorlawala, Uttara Asha. 1992. “Ruth St. Denis and India's Dance Renaissance.” Dance Chronicle 15: 123–52.CrossRefGoogle Scholar
“Copyright—‘Dramatic Composition’—Stage Dance.” 1892. Albany Law Journal (August 27): 165–66.Google Scholar
Current, Richard Nelson, and Current, Marcia Ewing. 1997. Loie Fuller, Goddess of Light. Boston: Northeastern University Press.Google Scholar
Daly, Ann. 1995. Done into Dance: Isadora Duncan in America. Bloomington: Indiana University Press.Google Scholar
Desmond, Jane. 1991. “Dancing Out the Difference: Cultural Imperialism and Ruth St. Denis's ‘Radha’ of 1906.” Signs: Journal of Women in Culture and Society 17 (1): 28–49.CrossRefGoogle Scholar
Du Bois, W. E. B. 1935/1992. Black Reconstruction in America, 1860–1880. New York: Atheneum.Google Scholar
Ertman, Martha M., and Williams, Joan C.. 2005. “Preface: Freedom, Equality, and the Many Futures of Commodification.” In Rethinking Commodification: Cases and Readings in Law and Culture, edited by Ertman, and Williams, , 1–7. New York: New York University Press.Google Scholar
Fellom, Martie. 1998. “Skirt Dance.” In International Encyclopedia of Dance, edited by Cohen, Selma Jeanne, 605. New York: Oxford University Press.Google Scholar
Franko, Mark. 2002. The Work of Dance: Labor, Movement, and Identity in the 1930s. Middletown, CT: Wesleyan University Press.Google Scholar
Fuller, Loie. 1913. Fifteen Years of a Dancer's Life. Boston: Small, Maynard.Google Scholar
Gaines, Jane. 1991. Contested Culture: The Image, the Voice, and the Law. Chapel Hill: University of North Carolina Press.Google Scholar
Garelick, Rhonda K. 2007. Electric Salome: Loie Fuller's Performance of Modernism. Princeton, NJ: Princeton University Press.CrossRefGoogle Scholar
Haenni, Sabine. 2002. “Filming ‘Chinatown’: Fake Visions, Bodily Transformations.” In Screening Asian Americans, edited by Feng, Peter X., 21–52. Rutgers, NJ: Rutgers University Press.Google Scholar
Harris, Cheryl I. 1993. “Whiteness as Property.” Harvard Law Review 106 (8): 1707–91.CrossRefGoogle Scholar
Harris, Cheryl I. 1996. “Finding Sojourner's Truth: Race, Gender, and the Institution of Property,” Cardoza Law Review 18 (2): 309–409.Google Scholar
Harris, Margaret Haile. 1979. Loie Fuller, Magician of Light: A Loan Exhibition at the Virginia Museum, March 12-April 22, 1979. Richmond: Virginia Museum.Google Scholar
Hartman, Saidiya V. 1997. Scenes of Subjection: Terror, Slavery, and Self-Making in Nineteenth-Century America. New York: Oxford University Press.Google Scholar
Hindson, Catherine. 2007. Female Performance Practice on the Fin-de-Siècle Popular Stages of London and Paris: Experiment and Advertisement. Manchester: Manchester University Press.Google Scholar
Hong, Grace Kyungwon. 2006. The Ruptures of American Capital: Women of Color Feminism and the Culture of Immigrant Labor. Minneapolis: University of Minnesota Press.CrossRefGoogle Scholar
Johnson, Stephen Burge. 1985. The Roof Gardens of Broadway Theatres, 1883–1942. Theater and Dramatic Studies no. 31. Ann Arbor, MI: UMI Research Press.Google Scholar
Koritz, Amy. 1995. Gendering Bodies/Performing Art: Dance and Literature in Early-Twentieth-Century British Culture. Ann Arbor: University of Michigan Press.Google Scholar
Koritz, Amy. 1997. “Dancing the Orient for England: Maud Allan's The Vision of Salome.” In Meaning in Motion: New Cultural Studies of Dance, edited by Desmond, Jane, 133–52. Durham: Duke University Press.Google Scholar
Kraut, Anthea. 2009. “Race-ing Choreographic Copyright.” In Worlding Dance, edited by Foster, Susan Leigh, 76–97. London: Palgrave Macmillan.CrossRefGoogle Scholar
“La Loie Interprets Law.” 1893. New York Times, September 3, 9.Google Scholar
Lansdale, Nelson. 1952. “Concerning the Copyright of Dances.” Dance Magazine (June): 21, 40, 41.Google Scholar
Latimer, Tirza True. 1999. “Loie Fuller: Butch Femme Fatale.” In Proceedings of the Twenty-Second Annual Society of Dance History Scholars Conference, 83–88. Stoughton, WI: Society of Dance History Scholars.Google Scholar
Lipsitz, George. 1998. Possessive Investment In Whiteness. Philadelphia: Temple University Press.Google Scholar
“Loie Has Changed Her Mind.” 1893. New York Times, September 4, 5.Google Scholar
Lopez, Ian Haney. 1996. White by Law: The Legal Construction of Race. New York: New York University Press.Google Scholar
Lott, Eric. 1993. Love and Theft: Blackface Minstrelsy and the American Working Class. New York: Oxford University Press.Google Scholar
MacPherson, C. B. 1962. The Political Theory of Possessive Individualism: Hobbes to Locke. London: Oxford University Press.Google Scholar
Manning, Susan. 1997. “The Female Dancer and the Male Gaze: Feminist Critiques of Early Modern Dance.” In Meaning in Motion: New Cultural Studies of Dance, edited by Desmond, Jane, 153–66. Durham, NC: Duke University Press.Google Scholar
Manning, Susan. 2004. Modern Dance, Negro Dance: Race in Motion. Minneapolis: University of Minnesota Press.Google Scholar
McCarren, Felicia. 1995. “Stéphane Mallarmé, Loie Fuller, and the Theater of Femininity.” In Bodies of the Text: Dance as Theory, Literature as Dance, edited by Goellner, Ellen W. and Murphy, Jacqueline Shea, 217–30. New Brunswick, NJ: Rutgers University Press.Google Scholar
McCarren, Felicia. 2003. Dancing Machines: Choreographies of the Age of Mechanical Reproduction. Stanford, CA: Stanford University Press.CrossRefGoogle Scholar
McConachie, Bruce. 1992. “Historicizing the Relations of Theatrical Production.” In Critical Theory and Performance, edited by Reinelt, Janelle G. and Roach, Joseph R., 168–78. Ann Arbor: University of Michigan.Google Scholar
Newman, Louise Michele. 1999. White Women's Rights: The Racial Origins of Feminism in the United States. New York: Oxford University Press.CrossRefGoogle Scholar
New York Clipper. 1892. June 25, 247.Google Scholar
“Reserve Decision on ‘Barefoot Dance.’” 1910. New York Times, March 10, 9.Google Scholar
Roediger, David R. 2002. Colored White: Transcending the Racial Past. Berkeley: University of California Press.Google Scholar
Rogin, Michael. 1996. Blackface, White Noise: Jewish Immigrants in the Hollywood Melting Pot. Berkeley: University of California Press.CrossRefGoogle Scholar
Rose, Mark. 1993. Authors and Owners: The Invention of Copyright. Cambridge, MA: Harvard University Press.Google Scholar
Rubin, Gayle 2006. “The Traffic in Women: Notes on the ‘Political Economy’ of Sex.” In Feminist Anthropology: A Reader, edited by Lewin, Ellen, 87–106. Malden, MA: Blackwell Publishing LTD.Google Scholar
Savigliano, Marta. 2009. “Worlding Dance and Dancing Out There in the World.” In Worlding Dance, edited by Foster, Susan Leigh, 163–90. London: Palgrave Macmillan.CrossRefGoogle Scholar
Saxton, Alexander. 1990. The Rise and Fall of the White Republic: Class Politics and Mass Culture in Nineteenth-Century America. New York: Verso.Google Scholar
Sommer, Sally R. 1975. “Loïe Fuller.” Drama Review 19 (1): 53–67.CrossRefGoogle Scholar
Sommer, Sally R. 1998. “Loie Fuller.” In International Encyclopedia of Dance, edited by Cohen, Selma Jeanne, 91–92. New York: Oxford University Press.Google Scholar
Sperling, Jody. 1999. “Loie Fuller's Serpentine Dance: A Discussion of Its Origins in Skirt Dancing and a Creative Reconstruction.” In Proceedings of the Twenty-Second Annual Society of Dance History Scholars Conference, 53–56. Stoughton, WI: Society of Dance History Scholars.Google Scholar
Srinivasan, Priya. 2007. “The Bodies Beneath the Smoke or What's Behind the Cigarette Poster: Unearthing Kinesthetic Connections in American Dance History.” Discourses in Dance 4 (1): 7–47.Google Scholar
Srinivasan, Priya. forthcoming. Sweating Saris: Indian Dance as Transnational Labor in the U.S. Philadelphia, PA: Temple University Press.Google Scholar
“Theatrical Gossip.” 1894. New York Times, February 15, 8.Google Scholar
Townsend, Julie. 2001. “Alchemic Visions and Technological Advances: Sexual Morphology in Loie Fuller's Dance.” In Dancing Desires: Choreographing Sexualities on and off the Stage, edited by Desmond, Jane C., 73–96. Madison: University of Wisconsin Press.Google Scholar
Van Camp, Julie C. 1994. “Copyright of Choreographic Works.” In 1994–95 Entertainment, Publishing and the Arts Handbook, edited by Breimer, Stephen F., Thorne, Robert, and Viera, John David, 59–92. New York: Clark, Boardman, and Callaghan.Google Scholar
Wong, Yutian. 2002. “Towards a New Asian American Dance Theory: Locating the Dancing Asian American Body,” Discourses in Dance 1 (1): 69–90.Google Scholar
Woodmansee, Martha. 1994. The Author, Art, and the Market: Rereading the History of Aesthetics. New York: Columbia University Press.Google Scholar
Woodmansee, Martha, and Jaszi, Peter. 1994. Introduction to The Construction of Authorship: Textual Appropriation in Law and Literature, edited by Woodmansee, Martha and Jaszi, Peter, 1–13. Durham, NC: Duke University Press.Google Scholar