Date

February 28, 2012

Case number

2008 (Wa) 9300

Court

Tokyo District Court,
47th Civil Division– A case in which the court denied copyrightability in the dance arrangements used in
the dance scenes of a film titled “Shall We Dance?”
X designed social dance arrangements used in the dance scenes of a famous film
titled “Shall We Dance?” (the “Film”), instructed the actors and actresses about how to
perform the dance arrangements, and he/she appeared in the Film as a dancer. X, while
asserting that his/her dance arrangements used in the Film (the “Dance Arrangements”)
involved creativity and therefore he/she had a copyright for these arrangements,
alleged that Y, who had succeeded to the status of the company managing the
production committee of the Film, infringed X’s copyright for the Dance Arrangements(the right of reproduction, right of screen presentation, right of public transmission,and right of distribution) by carrying out the secondary use of the arrangements
through the sale and rental of the videogram of the Film, the television broadcast of theFilm and other forms of use without X’s authorization. Accordingly, X sought against
Y tort damages as a principal claim (under Article 709 of the Civil Code) and return of
unjust enrichment as an alternative claim (under Article 703 of the same Code).
The biggest point at issue in this case was whether or not the Dance Arrangements
could be found to be copyrightable. X argued that a social dance arrangement iscreation of a sequence of dance moves by choosing basic steps and combining them,and that the Dance Arrangements designed by X were creative and copyrightable interms of such choice and combination of basic steps. Against these arguments, Y
contended that as basic steps of a social dance have already become generalized andcommon, a dance arrangement designed by making some variations to such steps or
combining them as appropriate does not involve creativity and therefore the Dance
Arrangements cannot be found to be copyrightable.
On this point, the court held as follows. A social dance arrangement is creation of asequence of dance moves by combining basic steps and other existing steps such as
Popular Variation (PV) steps and making some variations to them. It is appropriate toconstrue that, in order to establish copyrightability in a social dance arrangement
containing such a combination of the existing steps as its basic structure, the dance
arrangement must have outstanding features and originality beyond the level of a mere
combination of the existing steps. If the required level of originality of a dance
arrangement is lowered and any combination of steps were to be found copyrightable
if only it has some features, copyrights would be created for countless danceⅰarrangements which are only slightly different and only a particular person would beallowed to exclusively use these arrangements. This would lead to an unreasonable
consequence that the degree of freedom in arranging dances would be extremely
limited. Based on these holdings, the court denied copyrightability in the Dance
Arrangements, stating that these arrangements cannot be found to have outstanding
features to the extent that they would be recognized as an original social dance
arrangement, and dismissed X’s claims.

ⅱ

Judgment rendered on February 28, 2012
The original received on the same day

court clerk

2008 (Wa) 9300 Case of seeking compensation for damage
Date of conclusion of oral argument

October 18, 2011
Judgment

Plaintiff

A
Successor of the litigation to Kadokawa Pictures, Inc.

Defendant

Kadokawa Corporation

Supporting intervener of the Defendant

Altamira Pictures, Inc

Main text
1 All of the plaintiff's claims shall be dismissed.
2 The plaintiff shall bear the court costs.
Facts and reasons
I Claim
The defendant shall pay to the plaintiff 52,762,500 yen and theamount accrued thereon at the rate of 5% per annum for the period from
April 19, 2008, to the date of completion of the payment.
II Outline of the caseThis is a case in which the plaintiff who claims that he designed social dance
arrangements used in the dance scenes of a film titled "Shall We Dance?" alleged thatthe defendant infringed the plaintiff's copyright for the plaintiff's dance arrangements(the right of reproduction, right of screen presentation, right of public transmission,and right of distribution) by carrying out the secondary use of the arrangements
through the sale and rental of the videogram of the film, the television broadcast of thefilm, and other forms of use by the defendant, and the plaintiff sought against thedefendant compensation for damage as a principal claim under Article 709 of the Civil
Code and return of unjust enrichment as an alternative claim under Article 703 of thesame Code.
1 Basic facts (Other than the facts for which exhibits are presented, no facts are
disputed between the parties.)1(1) The plaintiff created dance arrangements and instructed how to perform them in themovie "Shall We Dance?" (hereinafter referred to as the "Film") released in Japan on
January 27, 1996 and he also appeared in the Film as a dancer.
Daiei Motion Picture Company set up a production committee together with
Nippon Television Network Corporation, Hakuhodo Inc. and Nippon Shuppan HanbaiInc. to produce the Film and was a lead arranger of the production committee which
has the copyright of the Film.

Daiei Motion Picture Company was later reorganized

into Kadokawa Pictures, Inc., which was taken over by the defendant on January 1,
2011 (hereinafter referred to as the "defendant" before and after the reorganization andthe merger of the company).
(2) The defendant outsourced the production of the Film to the defendant's
supporting intervener and the representative B of the defendant's supportingintervener (hereinafter referred to as the representative of the "defendant's
supporting intervener"), who was a producer of the Film, requested the plaintiff toparticipate in the production of the Film and the plaintiff participated in the productionof the Film.
(3) The plaintiff created the dance arrangements used in the dance scenes of the Filmand instructed the actors and actresses how to perform the dance arrangements(Exhibits Ko 20, 25, the plaintiff himself, witness B).
(4) "Dance director/choreographer A" appears in the end credits of the Film.
(5) The defendant released the Film in Japan on January 27, 1996.
Subsequently, around September 1996 the rental of videotapes of the Film
started, and around January 1997 the sale of videotapes of the Film started. Also,
around December 1996 the sale of laser discs of the Film started.
Further, the Film was aired in March 1997 over the national network of Nippon
Television Network Corporation and after that it was repeatedly broadcasted over theair. The Film was made available for the secondary use including flight and bus
entertainment and satellite broadcasting such as BS and CS broadcasting and video-ondemand distribution. Even now, such secondary use has been continued.
(6) The defendant has never sought the plaintiff's authorization for the secondary useof the Film and has never paid for the secondary use of the film.
(7) The plaintiff instituted the litigation against the defendant on April 7, 2008.
2 Points at issue(1) Whether or not the dance arrangements of the Film could be found to be
copyrightable and it could be said that the dance arrangements are reproduced in theFilm (point at issue 1)2

(2) Whether or not the plaintiff corresponds to a so-called classical author and isentitled to exercise copyright on the secondary use of the Film (point at issue 2)(3) Whether or not the plaintiff understood that he was not entitled to receive thesecondary use fee of the Film (point at issue 3)(4) Whether or not the plaintiff's exercise of the right is extremely unjust (point at issue
4)(5) Plaintiff's damage (point at issue 5)(omitted)
III Determination of the points at issue
1 Point at issue 1 (Whether or not the dance arrangements of the Film could be foundto be copyrightable and it could be said that the dance arrangements are reproduced in
the Film)(1) According to the exhibits (Exhibits Ko 2, 4 to 8, 12, 18, 20 to 22, 25, 26, 29, 34 (1and 2 (including branch numbers)), 37, 40, Hei 1 (1 to 14 (including branch numbers)),
2 (1 to 4), 4, 9 to 18, 24 to 26, 29, 33, 35, 36, and 45 to 47, Witness B, plaintiff
himself) and the entire import of the oral argument, the following facts are found.
A Social dance is a concept that includes competitive dance and party dance (dances
performed at dance parties). Competitive dance is a sport performed by appropriately
and freely combining dance steps (which refers to a combination of two or more
footsteps.

In the terminology of social dance, the term "step" can be replaced with"figger" or "figure," but hereinafter the term "step" is used based on the arguments ofthe parties concerned.), and participants compete in the levels of the skills.
Competitive dance consists of five modern (also referred to as standard) dances (Waltz,
Tango, Slow Foxtrot, Quickstep, and Viennese Waltz) and five Latin dances (Cha Cha
Cha, Samba, Rumba, Paso Doble, and Jive).

Party dance is a style of dance

performed impromptu at parties and is in principle performed by combining basic steps.
Blues, Square Rumba, Mambo, Jitterbug, and other styles of dance are included in theparty dances.
Social dance contains various steps. The basic steps of the social dance areshown in "The Ballroom Technique" (Exhibit Hei 9), which is a textbook of social
dancing and is published by Imperial Society of Teachers of Dancing (hereinafterreferred to as "ISTD") and the textbooks (Exhibits Hei 11, 12, etc.) of the respective
Latin categories, which are supervised by the Latin American Dance Committee of
ISTD (The steps shown in these social dance textbooks (hereinafter simply referred to3

as the "text books") are hereinafter referred to as the "basic steps").
Apart from the basic steps, numerous steps have come to be used generally andwidely at medal tests, competitions, and demonstrations.

Part of these steps areshown in "Popular Variation" (Exhibit Hei 10) written by D who is a former presidentof ISTD (The steps shown in Popular Variation are hereinafter referred to as "PVsteps") and there are many more steps that are not shown in Popular Variation.
In principle, social dance is performed by freely combining existing steps suchas the basic steps and PV steps, but in competitive dance, adjustments are generally
made to the various elements of the basic steps and it is also general practice that thebasic steps of a certain category are used beyond the category.

In addition, based on

the moves of the other styles of dance, new steps and body moves which are not foundin the existing steps are also incorporated.
Choreography of social dance means creating dance having a flow by selecting
and combining these existing steps and making appropriate adjustment to them.
B The plaintiff designed the dance arrangements used in the dance scenes of the Film.
How to perform these dance arrangements was instructed by the plaintiff himself or by
way of other dance instructors. The actors performed these dance arrangements intheir respective dance scenes.
C

The theme of the Film is amateur social dancing. The images relating to thedance arrangements designed by the plaintiff appear in a scene of a dance room lesson(Annexes marked 15, 16, 21), a scene of a dance party at a dance circle (Annexes
marked 18 to 20), a dance scene at a dance hall (Annex marked 17), a scene of amateur
dance competition (Annexes marked 5 to 14), a competition scene at Black Pool
(Annexes marked 3, 4) and a dance party scene at a dance hall (Annexes marked 1, 2).
(2) Copyrightability of the dance arrangements of social dance
A As described above in (1) A, in principle, social dance is performed by freely
combining the existing steps such as the basic steps and PV steps.

The existing steps

such as the basic steps and PV steps are very short and are generally used andextremely common in social dance.
copyrightable.

Accordingly, they cannot be found to be

In light of the facts that it is also general practice to make adjustment

to the various elements of the basic steps and that it can be said that the basic steps arevery short and common, as described above, the steps that can be recognized as thebasic steps even after the adjustment is made are regarded as falling under the categoryof the basic steps and being common and cannot be found to be copyrightable.

In thechoreography of social dance, new steps and body moves that are not found in theexisting steps may be incorporated, as described in (1) A, but it can be said that these4new steps and body moves are only short ones which can be combined with theexisting steps and constitute part of the entire dance arrangements of social dance.
Finding such short body moves copyrightable and granting a specific person its
monopoly could excessively restrain human body moves, which should basically be
free, and are not proper.
As stated so far, it should be said that the individual steps and body moves thatare components of the dance arrangements of social dance cannot be found to be
copyrightable.
B As described above in (1) A, choreography of social dance can be defined as
combining the existing steps such as the basic steps and PV steps and appropriately
making adjustment so as to create dance having a flow.

It is appropriate to construe

that, in order to establish copyrightability in a social dance arrangement containing
such a combination of the existing steps as its basic structure, the dance arrangement
must have outstanding features and originality beyond the level of a mere combinationof the existing steps. The reason for the foregoing statement is that, to begin with, itis premised that social dance is performed by appropriately and freely combining theexisting steps. Given that social dance is widely enjoyed by not only competitors but
also general amateurs, if the required level of originality of a dance arrangement islowered and any combination of steps were to be found copyrightable if only it has
some features, copyrights would be created for countless dance arrangements which
are only slightly different and only a particular person would be allowed to exclusively
use these arrangements.

This would lead to an unreasonable consequence that thedegree of freedom in arranging dances would be extremely limited.

It should be said

that this holds true even in the case where in addition to the combination of the existing
steps, adjustment is made to the steps and the new steps and body moves that are notfound in the existing steps are combined.
C

Based on the foregoing, the copyrightability of the dance arrangements isdetermined below.
(3) Whether or not the dance arrangements marked 1 to 21 or the portions of the dance
arrangements marked 1 to 21 found to be reproduced in the Film can be found to be
copyrightable
A Dance arrangement marked 1
The dance arrangement marked 1 consists of a sequence of Quickstep [ⅰ]Quarter Turn to Right, [ⅱ] Progressive Chasse, [ⅲ] Forward Lock twice, [ⅳ] the firsthalf of Natural Turn, [ⅴ] Back Whisk, and next, Jitterbug, [ⅵ]Basic Step, [ⅶ]Change of Place Right to Left, [ⅷ] Change of Place Left to Right, [ⅸ] Change of5

Hands, [ⅹ] Link, and back to [ⅰ] (Incidentally, the "individual description of thedance arrangements" in the annex marked 1 describes "Quarter Turns" with respect to[ⅰ] and [ⅱ] above, but the term "Quarter Turns" refer to the same as the combinationof "Quarter Turn to Right" and "Progressive Chasse" (Exhibit Ko 37).).
According to the exhibits (Exhibits Ko 6, 22, Hei 4, 9, 14, 45), it is found thateach of the Quickstep [ⅰ] to [ⅴ] consists of the basic steps and their sequence is acommon sequence shown in the textbooks and each of Jitterbug [ⅵ] to [ⅹ] consists ofthe basic steps and their sequence is also common.
Further, according to the exhibits (Exhibits Hei 4, 14), it is found that Jitterbug
is performed to the pieces of music for Quickstep and those dancing Quickstep often
move to Jitterbug.
According to the foregoing, the dance arrangement marked 1 simply combines
the common sequence of Quickstep with the common sequence of Jitterbug. Given
that combining Quickstep with Jitterbug is also common, it should be said that, eventhough focus is given to the entire dance arrangement marked 1, it cannot be said thatthe dance arrangement marked 1 has outstanding features to the extent that it would berecognized as an original social dance arrangement.
Hence, the dance arrangement marked 1 cannot be found to be copyrightable.
Incidentally, the plaintiff contends that the dance arrangement marked 1
expresses the beauty of formation dance. However, the same dance simultaneously
performed by a number of pairs falls under the category of ideas and it should be said
that, even though the plaintiff designed the dance arrangement marked 1 which cannot
be found to be copyrightable, as described above, as the dance arrangement
simultaneously performed by a number of pairs, it cannot be said that originality iscaused.
B Dance arrangement marked 2(A) The dance arrangement marked 2 consists of the following sequence:[ⅰ] avariation of side chasse in which while changing sway, the partners switch each other's
positions and make a 180-degree turn and skips sideways ("individual description of
the dance arrangements" (1) in the annex marked 2), [ⅱ] The man holds the woman
and lets the woman's upper body bend backward and puts her left leg around his rightleg and he repeats the movement of swinging her upper body sideways several times
and raising her upper body held by him (ibid (2) to (6)), [ⅲ] The man and the woman
put each other's jaw on the each other's right shoulder and simultaneously raise theirleft legs and right arms and perform the movement twice as if they were marionettes
and next they simultaneously raise their right legs and left arms and perform the6movement in the same posture twice (ibid (7) to (10)), [ⅳ] The man and the woman
take a side by side position and move forward four steps and while advancing they put
their weight on one leg and put their opposite side leg to the side and extend forward
their arms and fingers on the side of the put leg (ibid (11) to (13)), [ⅴ] On the fourth
step in /4/ described above, the man grabs the woman's left hand with his right hand
and while making her turn around, he makes her spin and move to his left and makes
her fall down and supports her with his left arm and further the man makes the woman
go under his left leg from the direction of his toe and guides her as if to wrap her withhis left hand and the woman who went under the man's leg raises her upper body andtakes a signature pose and in conjunction with her pose he puts his arms on his rightknee and takes a signature pose (ibid (14) to (17)).
(B) a According to the exhibits (Exhibits Hei 4, 14, 37 to 40, 46), [ⅰ] is found to be a
step obtained by adding adjustment of sway and rotation to Side Chasse which is abasic step.
b According to the exhibits (Exhibits Hei 4, 14, 22, 37 to 40), it is found that of thedance arrangement of [ⅱ] above, the movement in which the man holds the woman
and turns the woman's upper body bent backward from side to side is a move used
often at competitions by other athletes.

In the dance arrangement of [ⅱ] above, thismovement is repeated a few times, but also considering that the movement itself issimple, it cannot be said that this arrangement is found to have outstanding features tothe extent that it would be recognized as an original dance arrangement.
c Considering that the dance arrangement of [ⅲ] above consists of simple movementsof legs and arms and that the length of the dance arrangement is short, it cannot be said
that this arrangement is found to have outstanding features to the extent that it would
be recognized as an original dance arrangement.
d According to the exhibits (Exhibits Ko 18, Hei 4, 14, 37 to 40), it is found that thedance arrangement of [ⅳ] above is a common movement that is often used by otherathletes as well.
e According to the exhibits (Exhibits Hei 4, 14, 37 to 40), it is found that the dance
arrangement of [ⅴ] above is a common movement that is often used by other athletes
as well.
(C) As described in (A) and (B) above, the dance arrangement marked 2 consists of the
portions [ⅰ] to [ⅴ] above. These portions represent a step obtained by simply
adding mere arrangement to a basic step ([ⅰ] above), and simple movements thatcannot be said to have outstanding features ([ⅱ]and [ⅲ] above) and common
movements and a combination thereof ([ⅳ] and [ⅴ] above).
7

None of them isrecognized as an original dance arrangement.

In addition, the dance arrangements[ⅰ] to [ⅲ] above and [ⅳ] and [ⅴ] above are not continuous dance arrangements andthe length of each of them is short. Considering this, it should be said that eventhough focus is given to the entire dance arrangement marked 2, it cannot be said that
this arrangement is found to have outstanding features to the extent that it would berecognized as an original social dance arrangement.
Hence, the dance arrangement marked 2 cannot be found to be copyrightable.
C

Dance arrangement marked 3(A) Of the dance arrangement marked 3, with reference to the portions (1) to (5) andthe portions (17) to (34) of the "individual description of the dance arrangements" inthe annex marked 3, the images of the Film show only the actors' upper bodies and do
not display their lower bodies including their footwork. Therefore, it cannot be said
that the above portions of the dance arrangement marked 3 are reproduced in the Film.
Accordingly, the court reviews below whether or not of the dance arrangement
marked 3, the dance arrangement of the portions (6) to (16) of the "individual
description of the dance arrangements" in the annex marked 3 which are found to be
reproduced in the Film can be found to be copyrightable.
(B) The dance arrangement of the portions (6) to (16) consists of a sequence of [ⅰ] arepetition of Telespin and [ⅱ] Throwaway Oversway.

According to the exhibits(Exhibits Hei 4, 10, 14, 18), it is found that both [ⅰ] and [ⅱ] are composed of PV
steps and their sequences are common. Therefore, this dance arrangement cannot berecognized as an original dance arrangement.
Hence, the dance arrangement of the portions (6) to (16) cannot be found to be
copyrightable.
D Dance arrangement marked 4
The dance arrangement marked 4 consists of a sequence of [ⅰ] Scissors, [ⅱ]Side Chasse, [ⅲ] Back Lock and Running Finish, [ⅳ] Natural Turn, [ⅴ] Pivot, [ⅵ]Oversway [ⅶ] Back Lock and Running Finish, and [ⅷ] Quick Open Reverse.
According to the exhibits (Exhibits Hei 4, 9, 14, 15, 46), it is found that each of[ⅰ] to [ⅷ] is simply a basic step and a somewhat adjusted basic step or an existing
common step and the sequences of [ⅲ] and [ⅳ] and those of [ⅶ] ad [ⅷ] above arefound to be common sequences shown in the textbooks.

It should be said thatconsidering this, even though focus is given to the entire dance arrangement marked 4,
it cannot be said that this arrangement is found to have outstanding features to theextent that it would be recognized as an original dance arrangement.
Hence, the dance arrangement marked 4 cannot be found to be copyrightable.
8

E Dance arrangement marked 5(A) Of the dance arrangement marked 5, with reference to the portions (1) to (13) ofthe "individual description of the dance arrangements" in the annex marked 5, theimages of the Film show only the actors' upper bodies or a part thereof and hardly
display most parts of their body movements.

Therefore, it cannot be said that theabove portions of the dance arrangement marked 5 are reproduced.
Accordingly, the court examines below whether or not of the dance
arrangement marked 5, the dance arrangement of the portions (14) to (27) of the"individual description of the dance arrangements" in the annex marked 5 which isfound to be reproduced in the Film can be found to be copyrightable.
(B) The dance arrangement of the portions (14) to (27) consist of a sequence of [ⅰ]Natural Weave, [ⅱ] Tipple Chasse, [ⅲ] Left Whisk, [ⅳ] Standing Spin, and [ⅴ] Lilt.
According to the exhibits (Exhibits Hei 4, 9, 14, 18, 46), it is found that each of[ⅰ] to [ⅲ] is a basic step and [ⅳ] is a PV step and [ⅴ] is a frequently used existing
step and that the sequences of [ⅲ] and [ⅳ] are common sequences.

It should be said

that considering this, even though focus is given to the entire dance arrangement in the
portions (14) to (27), it cannot be said that this arrangement is found to haveoutstanding features to the extent that it would be recognized as an original social
dance arrangement.
Hence, the dance arrangement in the portions (14) to (27) cannot be found to be
copyrightable.
F Dance arrangement marked 6(A) Of the dance arrangement marked 6, with reference to the portions (20) to (85) of
the "individual description of the dance arrangements" in the annex marked 6, theimages of the Film show only the actors' upper bodies and do not display their lower
bodies including their footwork. Therefore, it cannot be said that the above portionsof the dance arrangement marked 6 are reproduced in the Film.
Accordingly, the court examines below whether or not of the dance
arrangement marked 6, the arrangement of the portions (1) to (19) of the "individual
description of the dance arrangements" in the annex marked 6 which are found to be
reproduced in the Film can be found to be copyrightable.
(B) The dance arrangement of the portions (1) to (19) consists of a sequence of [ⅰ]Fallaway Reverse and Slip Pivot, [ⅱ] Telespin, and Throwaway Oversway.
According to the exhibits (Exhibits Hei 4, 9, 10, 14, 18), it is found that [ⅰ] is abasic step and [ⅱ] and [ⅲ] are PV steps and that the sequences of [ⅱ] and [ⅲ] arecommon sequences. Therefore, it should be said that the dance arrangement of the9portions (1) to (19) is common as a whole and that it cannot be said that thisarrangement is found to have outstanding features to the extent that it would berecognized as an original social dance arrangement.
The plaintiff asserts that the movement performed at the beginning of the dance
arrangement as if the actors run into the center of the floor is a movement of surprisethat nobody would perform. However, according to the exhibits (Exhibits Hei 4, 14),
it is found that advancing toward the center at the beginning of the dance arrangement
is a movement ordinarily performed even at competitions.

Consequently, theplaintiff's assertion is unjustifiable.
Hence, the dance arrangement of the portions (1) to (19) cannot be found to be
copyrightable.
G Dance arrangement marked 7(A) Of the dance arrangement marked 7, with reference to the portions (1) to (9) of the"individual description of the dance arrangements" in the annex marked 7 the imagesof the Film show only a portion of the actors, mainly their faces, and hardly display
most parts of their body moves. Therefore, it cannot be said that the above portionsof the dance arrangement marked 7 are reproduced in the Film.
The court examines below whether or not of the dance arrangement marked 7,
the dance arrangement of the portions (10) to (12) of the "individual description of thedance arrangements" in the annex marked 7 which are found to be reproduced in theFilm can be found to be copyrightable.
(B) The dance arrangement of the portions (10) to (12) is composed of a PV step,
Traveling Contra Check (Exhibit Hei 18) and since this is only an existing common
step, this dance arrangement cannot be recognized as an original dance arrangement.
Hence, the dance arrangement of the portions (10) to (12) cannot be found to be
copyrightable.
H Dance arrangement marked 8(A) Of the dance arrangement marked 8, with reference to the portions (1) to (3), theportions (17) to (23), and the portions (43) to (82) of the "individual description of thedance arrangements" in the annex marked 8, the images of the Film focus only on theactors' upper bodies and do not display their lower bodies including their footwork.
With reference to the portions (24) to (27), the images of the Film show only theactors' feet and do not display any moves of their upper bodies, and with reference tothe portions (28) to (30), in the images of the Film other dancers cut across in front of
the actors performing the above dance arrangement and their body movements are notsufficiently shown.

Therefore, it cannot be said that of the dance arrangement
10

marked 8, the above portions are reproduced in the Film.
The court examines below whether or not of the dance arrangement marked 8,
the dance arrangement of the portions (4) to (16), (31) to (42), and (83) of the"individual description of the dance arrangements" in the annex marked 8 which arefound to be reproduced in the Film can be found to be copyrightable.
(B) Dance arrangement of the portions (4) to (16)The dance arrangement of the portions (4) to (16) consists of a sequence of [ⅰ]Quick Chasse, [ⅱ] Scissors, [ⅲ] Hop, [ⅳ] Side Chasse, [ⅴ] Quick Back Lock, and[ⅵ] Running Finish.
According to the exhibits (Exhibits Hei 4, 9, 14, 46), it is found that each of[ⅰ] to [ⅵ] is a basic step and an existing common step and slightly adjusted basic orexisting steps, and that the sequences of [ⅴ] and [ⅵ] are common sequences shown in
the textbooks and the sequences of [ⅲ] and [ⅳ] are not new, either.

It should be said

that considering this, even though focus is given to the entire dance arrangement of the
portions (4) to (16), it cannot be said that this arrangement is found to have outstanding
features to the extent that it would be recognized as an original social dance
arrangement.
Hence, the dance arrangement of the portions (4) to (16) cannot be found to be
copyrightable.
(C) Dance arrangement of the portions (31) to (42)The dance arrangement of the portions (31) to (42) consists of a sequence of[ⅰ] variation of Oversway, [ⅱ] Three Swaychange, [ⅲ] Stutter Lock, [ⅳ] Kangaroo
Hop, [ⅴ] Quick Forward Lock, and [ⅵ] Natural Turn.
According to the exhibits (Exhibits Hei 4, 9, 14, 18, 46), it is found that each of[ⅰ] to [ⅵ] is a basic step and a slightly adjusted basic step or a PV step or an existing
common step and that the sequences of [ⅴ] and [ⅵ] are common sequences shown in
the textbooks.

It should be said that considering this, even though focus is given to

the entire dance arrangement of the portions (31) to (42), it cannot be said that thisarrangement is found to have outstanding features to the extent that it would berecognized as an original social dance arrangement.
Hence, the dance arrangement of the portions (31) to (42) cannot be found to be
copyrightable.
(D) The dance arrangement of the portion (83) is a signature pose consisting ofvariation of Oversway, but this is merely a portion of an adjusted basic step (Exhibits
Hei 9, 14) and cannot be recognized as an original dance arrangement.
cannot be found to be copyrightable.
11

Hence it

I Dance arrangement marked 9(A) Of the dance arrangement marked 9, with reference to the portions (3) to (7) and(12) to (20) of the "individual description of the dance arrangements" in the annex
marked 9, the images of the Film show only the actors' upper bodies and do not display
their lower bodies including their footwork. Therefore, it cannot be said that theabove portions of the dance arrangement marked 9 are reproduced in the Film.
Accordingly, the court examines below whether or not of the dance
arrangement marked 9, the arrangement of the portions (1) and (2) and (8) to (11) of
the "individual description of the dance arrangements" in the annex marked 9 which
are found to be reproduced in the Film can be found to be copyrightable.
(B) Dance arrangement of the portions (1) and (2)In the dance arrangement of the portions (1) and (2), the man jumps andchanges the direction of his body by 180 degrees and the woman moves around the
man and comes in front of the man with her back facing to the man.
According to the exhibits (Exhibits Hei 37 to 40), it is found that of the dance
arrangement, starting a performance after jumping and landing is frequently performedin Paso Doble.

It should be said that considering that the length of the above dance

arrangement is extremely short and the other moves are also simple, it cannot be said
that this arrangement cannot be found to have outstanding features to the extent that it
would be recognized as an original social dance arrangement.
Therefore, the dance arrangement of the portions (1) and (2) cannot be found to
be copyrightable.
(C) Dance arrangement of the portions (8) to (11)The dance arrangement of the portions (8) to (11) comprises [ⅰ] variation offlamenco tap in which the man raises both his hands up and stamps the floor with both
his feet as quickly as possible and the woman stamps the floor using her right leg as an
axis and putting her left leg forward and finally the man and woman put their left legs
quite forward and stamp the floor, [ⅱ] the man and the woman turn around to the righton the spot and [ⅲ] repeat the moves of [ⅰ] again.
Flamenco tap itself is a basic step (Exhibit Hei 36) and the dance arrangementof [ⅰ] is its variation and consists of a simple movement; i.e., moving one's feetquickly on the spot. The movement of stamping the floor by having the last foot stepin [ⅰ] is a movement that is performed frequently in Paso Doble (Exhibits Hei 37, 38,40). The dance arrangement of the portions (8) to (11) consists of repeating the
movement of [ⅰ] after the simple movement; i.e., the man and the woman turning
around on the spot ([ⅱ]) after [ⅰ]. As explained so far, the dance arrangement of
12the portions (8) to (11) consists of the simple movement based on the basic step andthe movement performed frequently in Paso Doble.

It should be said that consideringthat the entire length is short, it cannot be said that this arrangement can be found tohave outstanding features to the extent that it would be recognized as an original social
dance arrangement.
Hence, the dance arrangement of the portions (8) to (11) cannot be found to be
copyrightable.
J

Dance arrangement marked 10
In the dance arrangement marked 10, the images of the Film show only theactors' upper bodies and do not display their lower bodies including their footwork.
Therefore, it cannot be said that the dance arrangements marked 10 are reproduced in
the film.
K Dance arrangement marked 11(A) Of the dance arrangement marked 11, with reference to the portions (1) to (13) andthe portions (22) and (23) in the "individual description of the dance arrangements" inthe annex marked 11, the images of the Film show only the actors' upper bodies and do
not display their lower bodies including their footwork. Therefore, it cannot be said
that the above portions of the dance arrangement marked 11 are reproduced in the Film.
Accordingly, the court examines below whether or not of the dance
arrangement marked 11, the dance arrangement of the portions (14) to (21) and (24) to(29) in the "individual description of the dance arrangements" in the annex marked 11
which are found to be reproduced in the Film can be found to be copyrightable.
(B) Dance arrangement of the portions (14) to (21)The dance arrangement of the portions (14) to (21) consists of a sequence of[ⅰ] Spanish Line and [ⅱ] cooed peak.

It should be said that according to theexhibits (Exhibits Hei 4, 11, 14), each of the [ⅰ] and [ⅱ] is found to be a basic step,and therefore, it cannot be said that this arrangement can be found to have outstanding
features to the extent that it would be recognized as an original social dance
arrangement.
Hence, the dance arrangement of the portions (14) to (21) cannot be found to be
copyrightable.
(C) Dance arrangement of the portions (24) to (29)The dance arrangement of the portions (24) to (29) consists of a sequence of thefollowing movements:[ⅰ] The man and the woman put their held right hands up

and they hold their left hands underneath [ⅱ] while holding the hands, the man guides
the woman behind him and in that state the man puts his held left hand up and [ⅲ]13when the woman is guided behind him, the man bends his right leg and stoops, makes
his back parallel to the ground, and the woman takes a signature pose by climbing on
to his back facing forward and lifting her right leg.
It should be said that considering that this dance arrangement comprises a
sequence of moves from [ⅰ] to the signature pose in [ⅲ] and that the length of theentire dance arrangement is extremely short and the movements of the dance
arrangement are simple (the man guides the woman behind him and the woman climbs
on to his back), it cannot be said that this arrangement can be found to haveoutstanding features to the extent that it would be recognized as an original social
dance arrangement.
Hence, the dance arrangement of the portions (24) to (29) cannot be found to be
copyrightable.
L Dance arrangement marked 12(A) Of the dance arrangement marked 12, with reference to the portions (1) to (3), theportions of the latter half of (24) to (25), and the portions (33) to (46) of the "individual
description of the dance arrangements" in the annex marked 12, the images of the Filmshow only the actors' upper bodies and do not display their lower bodies including
their footwork. Therefore, it cannot be said that the above portions of the dance
arrangement marked 12 are reproduced in the Film.
Accordingly, the court examines below whether or not of the dance
arrangement marked 12, the arrangement of the portions (4) to the first half of (24), theportions (26) to (32), and the portions (47) to (51) of the "individual description of thedance arrangements" in the annex marked 12 which are found to be reproduced in theFilm can be found to be copyrightable.
(B) Dance arrangement of the portions of (4) to the first half of (24)a The dance arrangement of the portions of (4) to the first half of (24) consists of asequence of the following movements:[ⅰ] the man and the woman stand facing

each other and the man puts both his arms up and then lowers them and while thewoman puts her weight on her left leg, she lifts her right leg and kicks forward andmakes chain turns and immediately before the woman comes to the right of the man,the man moves his left leg one step forward ((4) to (9) of the "individual description of
the dance arrangements" in the annex marked 12), [ⅱ] variation of Sliding Doors(from the middle of Sliding Doors, the man changes his direction by 90 degrees to theleft and walks forward and performs Side Cucaracha and the woman performs Forward
Walk, Checked Forward Walk and Backward Walk.

Ibid (10) to (17)), [ⅲ] the manturns around once and stoops and the woman performs variation of spot turns and puts
14

her right leg to the side (ibid, (18), (19)), [ⅳ] the man gets up and the woman performs
Forward Walk and the man performs Forward Walk, the woman changes her direction
by 90 degrees to face the man, performs variation of Open Basic and in that event, theman joins his left hand with the woman's right hand (ibid (20) to (22)), and [ⅴ] they
perform Progressive Walks and subsequently the man performs Checked Forward
Walk (ibid, (23), the first half of (24)).
b(a) The man's movements in [ⅰ] are extremely simple and the woman's movements
are also simple and comprise only a combination of kicking and making chain turns(classical ballet turns, Exhibit Hei 4).
(b) According to the exhibits (Exhibits Hei 4, 14, 17, 47), it is found that Sliding Doorsand Side Cucaracha are basic steps and the man's performing Side Cucaracha from the
middle of Sliding Doors is a common sequence and that adjusted Sliding Doors areoften performed. Considering this, it is found that [ⅱ] is also merely an adjusted
Sliding Doors and is not a particularly new step.
(c) The man's movements in [ⅲ] are extremely simple and the woman's movements
are also simple including only adjusted spot turns (Exhibit Hei 35) which are basic
steps.
(d) [ⅳ] is a simple step in which the man and the woman face each other and perform
adjusted Open Basic (Exhibit Hei 12) which is a basic step.
(e) According to the exhibits (Exhibits Hei 4, 12, 14), it is found that Progressive
Walks in [ⅴ] are basic steps and Checked Forward Walk is a fundamental step andperforming from Open Basic to Progressive Walks is a common sequence shown in the
textbooks, and that performing Checked Forward Walk subsequent to Progressive
Walks is also a common sequence. Therefore, it is found that the sequence fromOpen Basic to which the adjustment in [ⅳ] was made to the dance arrangement in [ⅴ]is common.
c As described above, it should be said that considering that the dance arrangementsof the portions from (4) to the first half of (24) are made up of the simple movements,
the basic steps and the adjusted basic steps and that the sequence from the latter half of[ⅳ] to [ⅴ] is also common, it cannot be said that the entirety of this arrangement
cannot be found to have outstanding features to the extent that it would be recognized
as an original social dance arrangement.
Hence, the dance arrangements of the portions from (4) to the first half of (24)cannot be found to be copyrightable.
(C) Dance arrangement of the portions (26) to (32)The dance arrangement of the portions (26) to (32) consist of a sequence of [ⅰ]15Cuban Rocks, [ⅱ] Fan, [ⅲ] Hockey Stick, [ⅳ] Alemana, and [ⅴ] the man turns thewoman and the woman lifts her right leg horizontally, subsequently she pivots on her
right foot and in that event the man swings both his arms from side to side.
According to the exhibits (Exhibits Hei 4, 12, 17), it is found that each of [ⅰ]to [ⅳ] is a basic step and its sequence is a common sequence shown in the textbooks.
In addition, it should be said that considering that [ ⅴ ] represents the dance
arrangement consisting of the extremely simple movements, it cannot be said that thedance arrangement of the portions (26) to (32) can be found to have outstanding
features to the extent that it would be recognized as an original social dance
arrangement.
Hence, the dance arrangements of the portions (26) to (32) cannot be found to
be copyrightable.
(D) Dance arrangement of the portions (47) to (51)The dance arrangement of the portions (47) to (51) consists of a sequence of[ⅰ] Fan Position, [ⅱ] Hockey Stick, and [ⅲ] New York. According to the exhibits(Exhibits Hei 4, 12), it is found that each of [ⅰ] to [ⅲ] is a basic step and each of thesequences is a common sequence shown in the textbooks. Accordingly, this dance
arrangement cannot be recognized as an original dance arrangement.
Hence, the dance arrangement of the portions (47) to (51) cannot be found to be
copyrightable.
M Dance arrangement marked 13(A) Of the dance arrangement marked 13, with reference to the portions (1) to (5) andthe portions (18) to (24) of the "individual description of the dance arrangements" inthe annex marked 13, the images of the Film show only the actors' upper bodies and apart thereof and do not display their lower bodies including their footwork.

Therefore,

it cannot be said that the above portions of the dance arrangement marked 13 arereproduced in the Film.
Accordingly, the court examines below whether or not of the dance
arrangement marked 13, the arrangement of the portions (6) to (17) and the portions(25) to (27) of the "individual description of the dance arrangements" in the annex
marked 13 which are found to be reproduced in the Film can be found to be
copyrightable.
(B) Dance arrangement of the portions (6) to (17)The dance arrangement of the portions (6) to (17) consists of a sequence of thefollowing dance moves:[ⅰ] The man returns the woman who is bridging to an

upright posture, and the man and the woman face each other and hold each other, [ⅱ]16Opening Out, [ⅲ] Fan Position from quick steps, [ⅳ] Hockey Stick, and [ⅴ] NewYork.
According to the exhibits (Exhibits Hei 4, 12, 14), it is found that [ⅱ] to [ⅴ]are either basic steps or the basic steps to which some adjustment was made and theirsequences are common sequences shown in the textbooks. In addition, it should besaid that considering that [ⅰ] is also a simple movement in which the woman gets up
from the bridge, even though the dance arrangement of the portions (6) to (17) isviewed as a whole, it cannot be said that this arrangement can be found to haveoutstanding features to the extent that it would be recognized as an original social
dance arrangement.
Hence, the dance arrangement of the portions of (6) to (17) cannot be found to
be copyrightable.
(C) Dance arrangement of the portions of (25) to (27)In the dance arrangement of the portions of (25) to (27), the man holds thewoman and moves backward at a quick pace while dragging her backward andsubsequently after he stops, the woman bridges and gets up.

Since the dance

arrangement of the portions (25) to (27) simply consists of very short and simple
movements, it cannot be recognized as an original dance arrangement.
Hence, the dance arrangement of the portions (25) to (27) cannot be found to be
copyrightable.
N Dance arrangement marked 14(A) Of the dance arrangement marked 14, with respect to the portions (7) and (8) of the"individual description of the dance arrangement" in the annex marked 14, the imagesof the Film show the actors who perform the above dance arrangement only behind theother actors and most of the parts are not shown. With respect to the portion of (12)ibid, they show only a part of the movements of the male actors. Therefore, it cannot
be said that the above portions of the dance arrangement marked 14 are reproduced in
the Film.
Moreover, the dance arrangement marked 14 is not reproduced as a series ofdance moves in the images of the Film but is divided into several portions by otherimages inserted in the middle.
The court examines below whether or not of the dance arrangement marked 14,
the portions (1) to (6), (9) to (11), (13) and (14), (15) to (19), and (20) of the"individual description of the dance arrangement" in the annex marked 14 which arefound to be reproduced as a series of dance moves in the Film can be found to be
copyrightable.
17(B) Dance arrangement of the portions (1) to (6)The dance arrangement of the portions (1) to (6) consists of the following
sequence: [ⅰ] variation of Closed Hip Twist, [ⅱ] The man lets the woman bridge androtates the woman from his left to right in that posture and sets her on her legs, [ⅲ]Closed Hip Twist, [ⅳ] Hockey Stick, [ⅴ] Alemana, and [ⅵ] variation of Rope Spin.
According to the exhibits (Exhibits Hei 4, 12, 14), it is found that each of [ⅰ],[ⅲ] to [ⅵ] is either a basic step or an adjusted basic step and [ⅱ] is also a frequently
used movement and the sequences of [ⅲ] to [ⅵ] are common sequences shown in the
textbooks. It should be said that considering this, it cannot be said that the dance
arrangement of the portions (1) to (6) can be found to have outstanding features to theextent that it would be recognized as an original social dance arrangement.
Hence, the dance arrangement of the portions (1) to (6) cannot be found to be
copyrightable.
(C) Dance arrangement of the portions (9) to (11)The dance arrangement of the portions (9) to (11) consists of a sequence of [ⅰ]Hockey Stick, [ⅱ] Alemana and [ⅲ] Opening Out.

According to the exhibits(Exhibits Hei 4, 12, 14), it is found that each of [ⅰ] to [ⅲ] is a basic step and its
sequence is a common sequence shown in the textbooks. Consequently, this dance
arrangement cannot be recognized as an original dance arrangement.
Hence, the dance arrangement of the portions (9) to (11) cannot be found to be
copyrightable.
(D) Dance arrangement of the portions (13) and (14)The dance arrangement of the portions (13) and (14) consists of variation ofThree Threes. Three Threes is a basic step (Exhibits Hei 4, 12, 17), and this dance
arrangement consists of Three Threes to which only a simple adjustment was made.
Consequently, this dance arrangement cannot be recognized as an original dance
arrangement.
Hence, the dance arrangement of the portions (13) and (14) cannot be found to
be copyrightable.
(E) Dance arrangement of the portions (15) to (19)The dance arrangement of the portions (15) to (19) consists of the following
sequence: [ⅰ] variation of Rope Spin, [ⅱ] The woman stands on her left leg and lifts
her right leg backward and puts her left hand up and the man supports the woman withhis left hand, [ⅲ] The woman kicks her right leg to the left side, [ⅳ] The woman
moves in front of the man while making turns, [ⅴ] The woman stands on her right leg
and takes a pose of putting her right hand up and the man grabs the woman's left hand18

to turn her face toward the man.
[ ⅰ] is a variation of a basic step (Exhibits Hei 4, 12) and the dance
arrangement of [ⅱ] to [ⅴ] is also a series of short dance arrangement comprising a
combination of simple moves. Consequently, it should be said that even though thedance arrangement of the portions (15) to (19) is viewed as a whole, considering thatits length of the dance arrangement of the portions (15) to (19) is short, it cannot be
said that these arrangements can be found to have outstanding features to the extent
that they would be recognized as an original social dance arrangement.
Hence, the dance arrangement of the portions (15) to (19) cannot be found to be
copyrightable.
(F) Dance arrangement of the portion (20)In the dance arrangement of the portion (20), the woman holds the man's righthand with her right hand and the man rotates the right hand above the woman's head,
and this is only a very simple movement.

Consequently, this dance arrangement

cannot be recognized as an original dance arrangement, and thus cannot be found to be
copyrightable.
O Dance arrangement marked 15
The dance arrangement marked 15 consists of a sequence of [ⅰ] Quarter Turns,[ⅱ] Forward Lock, [ⅲ] Natural Spin Turn, [ⅳ] Forward Lock, and [ⅴ] Natural Spin
Turn. According to the exhibits (Exhibits Hei 4, 9, 14), it is found that each of [ⅰ] to[ⅴ] is a basic step and its sequence is also basic and common. Therefore, this dance
arrangement cannot be recognized as an original dance arrangement.
Hence, the dance arrangement marked 15 cannot be found to be copyrightable.
P

Dance arrangement marked 16
The dance arrangement marked 16 consists of a sequence of [ⅰ] Natural Spin

Turn, [ⅱ] Reverse Turn, Steps 4 to 6, [ⅲ] Reverse Turn, [ⅳ] Whisk, and [ⅴ] Chasse.
According to the exhibits (Exhibits Hei 4, 9, 14), it is found that each of [ⅰ] to [ⅴ] isa basic step and its sequence is also basic and common.

Therefore, this dance

arrangement cannot be recognized as an original dance arrangement.
Hence, the dance arrangement marked 16 cannot be found to be copyrightable.
Q Dance arrangement marked 17
Of the dance arrangement marked 17, with reference to the portions (1) to (28)of the "individual description of the dance arrangements" in the annex marked 17, theimages of the Film show only the actors' upper bodies and a part thereof and do notdisplay their lower bodies including their footwork. Therefore, it cannot be said thatthe above portions of the dance arrangement marked 17 are reproduced in the Film.
19

It is found that only the portion of (29) ibid (dance arrangement in which when
the woman turns her face to the man, the man crouches) is reproduced in the images of
the Film, but the dance arrangement of the above portion merely comprises simple
movements and thus this arrangement cannot be recognized as an original dance
arrangement and cannot be found to be copyrightable.
R

Dance arrangement marked 18
The dance arrangement marked 18 consists of a sequence of [ⅰ] Progressive

Walks, [ⅱ] Natural Top, [ⅲ] Closed Hip Twist, [ⅳ] Hockey Stick, [ⅴ] Alemana,[ⅵ] Rope Spin, [ⅶ] Opening Out (Right and Left), [ⅷ] The man and woman faceeach other and comecloser together and they turn their upper bodies to the left andfinally only the woman makes a half turn, [ⅸ] Aida, [ⅹ] The man and the womanchange their directions by 90 degrees to face each other, [ⅺ] Fencing, [ⅻ] Under Arm
Turn, and [ⅹⅲ] adjusted Three Threes (The man puts his face and entire bodyoutward from the right side of the woman).
According to the exhibits (Exhibits Hei 4, 12, 14, 17, 35), it is found that eachof [ⅰ] to [ⅶ], [ⅸ], [ⅺ], [ⅻ] is a basic step and the sequence of [ⅰ] to [ⅶ] and thesequence of [ⅺ] and [ⅻ] are common sequences shown in the textbooks and that [ⅹⅲ] is a basic step to which only some adjustment was made. As described so far,more than half of the dance arrangement marked 18 has extremely common sequences
consisting of combinations of basic steps shown in the textbooks ([ⅰ] to [ⅶ] and [ⅺ]and [ⅻ]), and in addition, the other elements are also basic steps ([ⅸ]), adjusted basic
steps ([ⅹⅲ]), and a fundamental step ([ⅹ]).

It is not disputed that this is afundamental step.). Further, it should be said that considering that [ⅷ] is merely an
extremely simple movement, even though the dance arrangement marked 18 is viewed
as a whole, it cannot be said that the dance arrangement marked 18 can be found tohave outstanding features to the extent that it would be recognized as an original dance
arrangement.
Hence, the dance arrangement marked 18 cannot be found to be copyrightable.
S

Dance arrangement marked 19
The dance arrangement marked 19 consists of Kiki Walks and this is a basic

step (Exhibits Hei 4, 12, 14).

Accordingly, this dance arrangement cannot berecognized as an original dance arrangement.
Incidentally, the plaintiff asserts that he choreographed the changes in the
directions of faces, but it should be said that even though such minute adjustment ismade to the basic steps, this dance arrangement cannot be recognized as an original
dance arrangement.
20Hence, the dance arrangement marked 19 cannot be found to be copyrightable.
T Dance arrangement marked 20
The dance arrangement marked 20 consists of the following sequence: [ⅰ] The
man walks forward so as to follow the woman, [ⅱ] The woman looks back and theman crouches, [ⅲ] The man stands up and moves one step forward and grabs thewoman's right hand with his left hand and steps forward with his right foot and thewoman steps backward with her left foot, [ⅳ] From Checked Forward Walk, the man
draws the woman near him to his right and makes the woman face him, [ⅴ] Cuban
Rocks, [ⅵ] Open Hip Twist, Step 4 to 6, [ⅶ] Hockey Stick, [ⅷ] New York, [ⅸ] Spot
Turn, [ⅹ] Checked Forward Walk, [ⅺ] The man draws the woman near him and takes
a posture to lead her to Alemana, and [ⅻ] Alemana.
According to the exhibits (Exhibit Hei 4, 12, 14, 17, 35), it is found that each of[ⅴ] to [ⅸ] and [ⅻ] is a basic step and the Checked Forward Walk in [ⅳ] and [ⅹ] isa fundamental step and further that the sequences of [ⅵ] to [ⅸ] are common
sequences shown in the textbooks as well.

[ⅰ] to [ⅳ] represent an extremely simple

series of movements and [ⅺ] is also a fundamental step (not disputed).
As described so far, most of the dance arrangement marked 20 is made up of thebasic steps and fundamental steps and uses a number of common sequences of basic
steps shown in the textbooks as well. Moreover, the dance arrangement of [ⅰ] to[ⅳ] consists of extremely simple movements.

It should be said that even thoughfocus is given to the entire dance arrangement marked 20, considering the foregoing, itcannot be said that the dance arrangement marked 20 can be found to have outstanding
features to the extent that it would be recognized as an original social dance
arrangement.
Hence, the dance arrangement marked 20 cannot be found to be copyrightable.
U Dance arrangement marked 21
The dance arrangement marked 21 is intended to practice mambo steps andconsists of the following sequence:
man and woman repeat Basic twice.

The man and woman face each other.

[ⅰ] The[ⅱ] The man performs the first half of Half

Turn and the woman performs the first half of Basic.

[ⅲ] The man performs thelatter half of Half Turn, and the woman performs the first half of Half Turn.

[ⅳ] Theman performs the first half of Basic and the woman performs the latter half of Half
Turn. [ⅴ] The man and the woman perform the latter half of Basic.

[ⅵ] The man

performs Full Turn and the woman performs the first half of Basic.

[ⅶ] The man

performs the latter half of Basic, and the woman performs Full Turn.

[ⅷ] The man

and the woman perform Basic.

[ⅸ] The man performs the first half of New York,21

and the woman performs the first half of Basic.

[ⅹ] The man performs the latter halfof New York and the woman performs the first half of New York.

[ⅺ] The man

performs the first half of Basic and the woman performs the latter half of New York.
[ⅻ] The man and the woman perform the latter half of Basic.
According to the exhibits (Exhibits Ko 22, Hei 14), it is found that each of theabove steps is a fundamental step of Mambo and the dance arrangement marked 21
simply consists of a combination of these steps. Accordingly, it should be said that
this dance arrangement cannot be said to have outstanding features to the extent that it
would be recognized as an original social dance arrangement.
Hence, the dance arrangement marked 21 cannot be found to be copyrightable.
V As described above, the dance arrangements marked 1, 2, 4, 15, 16, and 18 to 21
cannot be found to be copyrightable, and of the dance arrangements marked 3, 5 to 9,
11 to 14, and 17, the dance arrangements of the portions found to be reproduced in theFilm cannot be found to be copyrightable. The dance arrangement marked 10 cannot
be said to be reproduced in the Film.
The plaintiff asserts that the collaboration between the dance arrangements andthe music used in the Film is also the basis for the copyrightability of the dance
arrangements. However, whether or not the dance arrangements can harmonize withthe music does not serve as the immediate basis for the determination of the
copyrightability of the dance arrangements. Consequently, the plaintiff's assertion
above does not affect the determination of the copyrightability of the dance
arrangements.
Hence, each of the plaintiff's assertions based on the copyright of the dance
arrangements marked 1 to 21 (copyright of the respectively marked dance
arrangements) is groundless.
(4) Whether or not the combination of the dance arrangements claimed by the plaintiff
can be found to be copyrightable
A

Combination of the simultaneously performed dance scenes claimed by theplaintiff(A) The plaintiff asserts that the combination of the dance arrangements marked 18 to
20 is copyrightable.
None of the dance arrangements marked 18 to 20 can be found to be
copyrightable, as described above in (3). These dance arrangements cannot be found
to express the respective impressions of the dance arrangements claimed by theplaintiff and it is also difficult for the combination of these uncopyrightable dance
arrangements to give the dance arrangements outstanding features to the extent that22

they would be recognized as an original dance arrangement.
Hence, it is unjustifiable for the plaintiff to assert that the combination of thedance arrangements marked 18 to 20 is copyrightable.
(B) The plaintiff asserts that the combination of the dance arrangements marked 12 to
14 is copyrightable.
When it comes to the dance arrangements marked 12 to 14, they are only
partially reproduced in the Film and none of the portions that are found to be
reproduced can be found to be copyrightable, as described above in (3).

Of the dance

arrangements marked 12 to 14, the portions found to be reproduced cannot be found to
express the respective impressions of the dance arrangements claimed by the plaintiff
and it is also difficult for the combination of portions of these uncopyrightable dance
arrangements to give the dance arrangements outstanding features to the extent thatthey would be recognized as an original dance arrangement.
Hence, it is unjustifiable for the plaintiff to assert that the combination of thedance arrangements marked 12 to 14 is copyrightable.
Incidentally, regarding the creativity of the dance arrangements marked 12 and13, the plaintiff asserts that the scene in which the pair of Maccho and Marika slipped
Aoki's wig was realized simply because the plaintiff calculated their moves in advanceand choreographed. However, the above moves that slipping the wig was Movie
Director C's idea (Exhibit Hei 53) and of the dance arrangements marked 12 and 13,
which serve as the means of expressing the idea, none of the individual portions foundto be reproduced in the Film can be found to be copyrightable and none of the
combinations of the portions found to be reproduced can be found to be copyrightable,
as described above.

It is clear that even though the simple movement of slipping the

wig is added, the movement does not make the combination copyrightable.
(C) The plaintiff asserts that the combination of the dance arrangements marked 9 to
11 is copyrightable.
The dance arrangement marked 10 cannot be found to be reproduced in theimages of the Film.

The dance arrangements marked 9 and 11 can be found to be

only partially reproduced in the Film and none of the portions that are found to be
reproduced can be found to be copyrightable, as described above in (3).

Of the dance

arrangements marked 9 and 11, the portions found to be reproduced cannot be found to
express the respective impressions of the dance arrangements claimed by the plaintiff
and it is also difficult for the combination of portions of these uncopyrightable dance
arrangements to give the dance arrangements outstanding features to the extent thatthey would be recognized as an original dance arrangement.
23

Hence, it is unjustifiable for the plaintiff to assert that the combination of thedance arrangements marked 9 to 11 is copyrightable.
B Combination of dances that indicate the chronological changes in the charactersand are claimed by the plaintiff(A) Combination of Sugiyama's dances
The plaintiff asserts that the combination of the dance arrangements marked 16,
15, 6, 8, and 1 is copyrightable.
None of the dance arrangements marked 1, 15, and 16 can be found to be
copyrightable and the dance arrangements marked 6 and 8 are only partially
reproduced in the Film, and none of the portions that are found to be reproduced can befound to be copyrightable, as described above in (3). Neither the dance arrangements
marked 1, 15, and 16 nor the portions of the dance arrangements marked 6 and 8 which
are found to be reproduced can be found to express the respective impressions of thedance arrangements claimed by the plaintiff.

It is also difficult for theuncopyrightable dance arrangements and the combination and placement of portions of
the uncopyrightable dance arrangements to give the dance arrangements outstanding
features to the extent that they would be recognized as an original dance arrangement.
Hence, it is unjustifiable for the plaintiff to assert that the combination andplacement of the dance arrangements marked 16, 15, 6, 8, and 1 are copyrightable.
(B) Combination of Aoki's dances
The plaintiff asserts that the combination of the dance arrangements marked 20,
17, 12, and 9 is copyrightable.
The dance arrangement marked 20 cannot be found to be copyrightable and thedance arrangements marked 9, 12, and 17 are only partially reproduced in the Film andnone of the portions that are found to be reproduced can be found to be copyrightable,
as described above in (3). Neither the dance arrangement marked 20 nor the portionsof the dance arrangements marked 9, 12, and 17 which are found to be reproduced canbe found to express the respective impressions of the dance arrangements claimed by
the plaintiff.

It is also difficult for the uncopyrightable dance arrangements and the

combination and placement of portions of the uncopyrightable dance arrangements togive the dance arrangements outstanding features to the extent that they would berecognized as an original dance arrangement.
Hence, it is unjustifiable for the plaintiff to assert that the combination andplacement of the dance arrangements marked 20, 17, 19, and 9.
(C) Combination of Tanaka's dances
The plaintiff asserts that the combination of the dance arrangements marked 18,24

14 and 11 is copyrightable.
The dance arrangement marked 18 cannot be found to be copyrightable and thedance arrangements marked 11 and 14 are only partially reproduced in the Film andnone of the portions that are found to be reproduced can be found to be copyrightable,
as described above in (3). Neither the dance arrangement marked 18 nor the portionsof the dance arrangements marked 11 and 14 which are found to be reproduced can befound to express the respective impressions of the dance arrangements claimed by theplaintiff.

It is also difficult for the uncopyrightable dance arrangements and the

combination and placement of portions of the uncopyrightable dance arrangements tomake the dance arrangements have outstanding features to the extent that they would
be recognized as an original dance arrangement.
Hence, it is unjustifiable for the plaintiff to assert that the combination andplacement of the dance arrangements marked 18, 14, and 11.
C

As described above, each of the plaintiff's assertions on the copyrightability of the

combination of the dance arrangements is groundless.
2 Needless to determine the other matters, according to the statement made above in 1,
each of the plaintiff's claims is groundless.
IV Conclusion
Hence, each of the plaintiff's claims is groundless and shall be dismissed. The
judgment is made as described in the main text.
Tokyo District Court, 47th Civil Division
Presiding judge

ABE Masayuki

Judge

YAMAKADO Masaru

Judge

OGAWA Takatoshi("Assertion on the dance arrangements by the parties" in the annex is omitted.)25