The World's First Copyrighted Sports Celebration Move!

On November 6, 2005 Henry Abromson became the first to copyright a sports celebration move. Peter Stine, a long distance runner from Baltimore, MD, created the celebration move entitled, “PS: I 1”.

The question of whether sports celebration moves- choreographed moves athletes perform in celebration of their on-the-field success- are copyrightable still remains. Abromson’s application for Federal registration of his copyright could answer the question. While works that meet the requirements to be copyrighted are protected the moment they are fixed in a tangible medium, it is not clear whether sports celebration moves are complex enough to qualify as copyrightable subject matter, a requirement for protection.

To qualify for copyright protection, a work must: (1) be an original work of authorship, meaning that it must be independently created by its author and it must be sufficiently creative; (2) the work must be fixed in a tangible medium of expression. For example, a writing can be put to paper or computer code can be saved to a hard drive; (3) the work must fall within the subject matter of copyright, which means that it must be included in one of the several types of works that Congress approved for copyright protection. In addition, the work must meet a few other requirements to be considered copyrightable subject matter.

One of these other requirements to be considered copyrightable subject matter, is that the work pass the idea/expression dichotomy test. The test essentially requires the work to be complex enough to not stifle the creation of future works. For example, a word is not considered copyrightable because to prohibit others from using that word would stifle future complex writings. However, to protect a writing, which is a compilation of many words, does not greatly hamper future authors' efforts. With sports celebration moves, basic moves like the high-five, mile high salute, or spike would most likely not pass the test. However, a more complex move like Ickey Wood's Ickey Shuffle probably would be copyrightable because it is unique and complex enough that it would most likely not stifle future athletes' creation of moves.

Sports celebration moves are receiving unprecedented attention as athletes such as Terrell Owens, Chad Johnson, Shaun Alexander, and Randy Moss are performing them on a regular basis during National Football League games. The moves are also the subject of much controversy.

While some fans love the excitement and entertainment value they add to the game, others feel they rob the game of its purity.

Whatever the answer, it is certain that these moves bring attention to the athletes who perform them. As more athletes turn their attention to becoming as valuable off the field as they are on it, there is little doubt that these moves create opportunities for them in the marketplace. With more athletes than ever becoming the subject of endorsement contracts, movie roles, and video games, performing sports celebration moves allow athletes to capture the attention and imagination of potential consumers while they are on-the-field and turn that attention into profits off the field.

Athletes like Michael Jordan and Tony Hawk have been some of the most successful athletes in building brands around their on-the-feld charisma and personality. Earning millions in endorsements, these athletes ensured financial security for themselves even after their playing careers ended. This is just one of the potential benefits of performing sports celebration moves.

Athletes who already have moves or who are interested in creating moves should be very interested in the outcome of this copyright question. The answer will come in approximately four months when Abromson will receive word from the United States Copyright Office informing him of whether these moves are copyrightable. While copyright protection will not determine whether an athlete will be successful in creating marketplace value in his move, copyright protection will ensure that any value that is created in the move is protected.