A Brief And Litigious Look Into The Heady World Of Jazz Ballet
Browsing the ‘human interest’ stories on the way to the serious (read: celebrity) news this morning, we were thrilled by this piece regarding a legal battle between the parents of a young (seven year-old) dance enthusiast, her choreographer, and the dance studio where the routine was birthed.
If you thought intellectual property stories from the world of computer design or art criticism made your head spin, wait until you read about Wild Child Acting And Dance Studios! Enjoy this bit of light reading over your morning frappe latte cino and copy of DanceSport.
A choreographed three-minute dance to Gloria Estefan’s Turn The Beat Around, created for Brisbane seven-year-old Caitlyn Armstrong, has led to a $38,000 legal battle.Her parents, Kylie and Stephen, and dance teacher Sharlene Ponzo, who created the routine, took Springwood’s Wild Child Acting and Dance Studios to court last year after becoming incensed by the studio’s attempts to stop them performing it.The complainants said the youngster’s winning up-tempo routine – which netted 10 section titles over two years at eisteddfods across the southeast – was owned by its creator Ms Ponzo because she crafted it while a contractor to Wild Child.
But Wild Child co-owners Philip and Julie Jones argued Ms Ponzo was an employee and not a contractor – and therefore the dance was the company’s intellectual property, unable to be performed by others without their permission.
The gloves came off when Ms Ponzo left Wild Child in August 2005 and Caitlyn began performing the song at eisteddfods without Wild Child’s permission.
Repeated clashes between the parties on the eisteddfod circuit became commonplace, each accusing the other of stealing the act.
Legal action began after an eisteddfod at Logan City in June last year when Caitlyn’s performance was followed by a young contestant from Wild Child wearing the same costume and performing the same routine.
So how did all this end up being sorted out? They all settled out of court (the Joneses get to pay the other parties’ legal bills) and no Wild Child child is ever allowed to dance to Gloria Estefan’s Turn The Beat Around, EVER AGAIN.
And that, we’re sure you will agree, is a big loss to the eisteddfod world. This is truly a tragic day for all Australians.
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Comments
Also at http://www.news.com.au/couriermail/story/0,23739,23052978-952,00.html?from=mostpop
I particularly like the last bit:
“Mr Jones said the company would consider asking parents and dance teachers to sign agreements prohibiting them from performing songs learned in their studio.”
Yes, well, I guess there’ll be one dance studio less in Brisbane shortly.
i do hope there is one less wild child dance studio because they are not there to make future dancers only to make money. caitlyns is not the only dancer to be hurt by wild child.
The article actually forgot to say that when Sharlene left the studio in 2005 that Caitlyn was still performing the routine under Wild Child’s tuition for a further 15mths untill she left. Also Sharlene was not only employed by Wild Child as a student teacher but she was also a student who was still performing with Wild Child. All mother’s know that when you leave, the Dance stays behind & that goes for all dance schools. Most other dance schools do actually sign contracts. It’s never the child it’s always the parent!
As a parent of a student at Wild Child I have only good things to say of the studio. However, I have seen parents come & go over the years some of which you are glad to see gone. Every studio has it’s share of stage mothers, Caitlyns mother was our worst. To take a child into a court room and then that child been removed by the Judge lets you know what kind of parents they are!
I am so sick and tired of 1/2 truths being told by this dance studio. Lets not forget it was WILD CHILD that took the other party to court, it was WILD CHILD that couldnt give up this dance (whats the matter MS JONES can you not make up your own original choreography) ! AND also remembering that payment was made on a PRIVATE Contractual agreement between PONZO and ARMSTRONG AND that PONZO rented the studio time and was NOT PAID by WILD CHILD for the teaching of these solos.
Don’t feel sorry for Caitlyn – if anyone knows her like our family does then you will know that she is a little pocket rocket simply fighting for her right to continue a dance that her family had paid for and that she had worked hard to perfect. Talk of this case has been around for months and the only hostility she has seen is from Wild Child. Ms Jones YOU should be embarrassed for FILING this in the court and from what i hear you should be counting your lucky stars that the rest of your affadavit material and witnesses did not hear your defense!!
Who do people think they are? go to a dance studio and take all the routines when they leave? what a joke. What’s the dance world coming to??? There are choreographic laws in australia which state that if someone is employed at a dance studio, whatever they teach / choreograph remains property of the studio, and any ’stage mother’ such as Mrs Armstrong would know that. So it’s sad that this has turned into a big sympathy act “oh a poor 7 yr old can’t do her dance…” It’s about a business protecting whats there’s and I’m sure if it was your hard earned business you would do the same thing.
I can stand proudly today and say that the best thing I ever did for my child was leave Wild Child. I think everyone needs to remember that unless you have had to endure the treatment, no matter what mothers get on to defend Ms Jones (if only to keep their daughters in the front row of dances) you will never really know what these kids and their parents go through on a daily basis. I would also like to reiterate that WILD CHILD took Ms Ponzo and the Armstrongs to court …. NOT the other way around. I had the pleasure of watching Ms Jones sweat on the stand and it a great pleasure to know that she has to pay some settlement costs.
Well Barbara, I think a couple of things need clarifying. Sharlene was a Casual Employee teaching some group classes and being paid for this by Wild Child BUT she was paid INDEPENDENTLY by the Armstrongs AND OTHER PARENTS for the private teaching of Solo Routines to their daughters and/or sons and in doing so RENTED studio space for these solo lessons THEREFORE prohibiting Wild Child from owning the Choreography. Its really quite simple – no matter what turn of events you want to throw out there. WILD CHILD did not pay Sharlene for teaching these solo lessons. You may think Mrs Armstrong is the worst mother but I bet her daughter is thankful she has a mum who can stand up to the likes of you all and fight for what she believes in.
Choreography Copyright Laws
Information Sheet G72
http://www.copyright.org.au
[QUOTE]
Who owns copyright in choreography?
- Generally, the person who creates the choreography is the first owner of any copyright in it. However, there are exceptions. If a person creates a piece of choreography as part of his or her job (for example, as a choreographer),then his or her employer owns the copyright, unless an agreement has been made to the contrary.
There it is people. It looks like Wild Child owns the choreography as Sharlene was employed by Wild Child.
I’m so glad someone finally had the guts to stand up to that place! It’s about time Julie and Wild Child take a nice long look at themselves and realise that they can’t keep treating people the way that they do. Even though Wild Child people stand up for the dance studio, it seems clear to me that Julie was obviously in the wrong – she is not the type of person to give up $20 000 in a hurry – especially to someone she doesn’t seem to like. Good on you guys! And keep dancing Caitlyn!
Talk about “STAGE MOTHER” what mother would sit there and take pocket money from her child for every little mistake she would make, what mother would be kicked out of her own house by her husband for stressing out a child before a performance, the list could go on but there’s only one answer= “Kylie Armstrong”
I would like to hear Elizabeth support her statement about taking pocket money from Caitlyn for making mistakes, Steve kicking Kylie out the house – what are your sources? I know the family well and this has never happened.
Shame on you all for making bold statements about people you dont know and a case which you dont have all of the facts.
Well Elizabeth little do YOU know the situation. As I’m close to the family in question thats the first I’ve heard of what you are stating. I gather you would be one of the mothers that are so far up the ‘back sides’ of the Wild Child gang and have nothing better to do with their lives than moan about others. Its quite a story you put on there you should be congradulated. The facts are quite simple. If Wild Child were so sure of themselves, they would’nt have settled out of court only minutes of the first cross examination of the imfamous JULIE JONES!!! pitty you wern’t there ELIZABETH!!
I think it is time to move on. Surely this cant be doing the kids at Wild Child any good nor can it be doing both parties involved any justice. The comments have become personal which tells me that perhaps both parties need some counselling to get through this ugly situation. Everyone needs to remember that you can put whatever you like on and be whoever you like on this page – truth, lies but I am sure the Australian people couldnt care less anymore. I bumped into Caitlyn and Kylie yesterday at Springwood shops and believe me, Caitlyn wasnt giving any of this a second thought. Lets follow in her footsteps shall we.
Well “PAULINE” if you believe in every word you say why don’t you put your real name down?
There was no “PAULINE” in court how many alias do you have and get your facts right the first legal letter actually did come from Armstrong/Ponzo the Joneses had the guts to carry it on. It was you that dragged Caitlyn to court and you that got her kicked out of court but that’s how you get attention. What a disgrace!
What desperate stage mother would take there 8 yr old daughter into court. That is just low and pathetic. Poor Caitlin having a physco mother like that. Mrs Armstrong needs to get a life!
You are so funny Rebecca. As I know the parents of Caitlyn and do know what the situation is, I find it funny how all those who respond dont actually know what / how it all came about. For a studio to feel so insecure about one of their star students leaving and then making it so difficult for the student and parents to continue a dance that is rightly theirs. How desperate is the Studio for taking it so far. Caitlyn had a choice to go to court and watch the show unfold in front of her by the one and only Julie Jones. Lets not forget who settled out of court people, because unless Wild Child were so sure they were in the right to the dance then they wouldnt have settled. How sad Wild Child and their merry band of followers really are.
In response to BRIAN’s comment:
I totally agree. It seems this stream of comments are obviously from the Armstrong/Ponzo mob and ex-Wild Child students/stage mothers who just can’t move on. It’s like they are obsessed with Wild Child. Get a life!!! If you are no longer with the studio then just get over the place. Let go! Move on! Get a life! Try and find something else other than Wild Child to fill up your time.
Hey John! – ‘Star student’ no more!
John doesn’t know too much does he?
‘How desperate is the studio for taking it so far?’ Do you not know that Wild Child tried to settle many times before and it was actually your clans idea to take it further! Get your facts right John’o!
What’s the point of this comment stream anyway?
It’s obviously not the general public writing here, it seems to be a bunch of ex wild childer’s feeding their wild child obsession.
Do what Brain said and move on!!
To Andrea, I’ll support Elizabeth’s comment as I was actually there at the FATD awards when Kylie turned up a couple of hours early without Caitlyn quoting “Stephen kicked me out because I was stressing Caitlyn out” Kylie & Stephen both know what happened that day & it wasn’t the 1st & it wasn’t the last. Also ask Sharlene about the time she went crying to Miss Julie over the pocket money issue and the way that Kylie treats Caitlyn. If she denies that then maybe she’s not a true christian she makes out she is. So you don’t them aswell as you think or you would of done something along time ago to protect poor Caitlyn.
Who is this Ponzo? I can’t believe she is allowed to teach children. I have seen her website and it is disgraceful. Raunchy pictorials of girls dancing in sex shops. How does she get away with teaching at high schools??
Sharlene Ponzo – innocent, born-again Christian by day, sexy minx at night.
Watch out for the minx!