Patent Engineer
Alessandri
While copyright and related rights focus on protecting artistic works and performances, patents safeguard technical solutions. When both intersect in a musical or stage production, they can either complement each other or come into conflict. When we think of Michael Jackson, the first things that come to mind are his music, his unmistakable voice, and those gravity-defying dance moves. But few people know that the “King of Pop” was not only a stage innovator—he also left his mark on the world of industrial property. In 1993, Jackson, along with his collaborators Michael Bush and Dennis Tompkins, filed a U.S. patent (US5255452A) for a special shoe system that made it possible to perform an otherwise impossible move: leaning forward at a sharp angle without losing balance, as if gravity had suddenly stopped working.
The invention consisted of shoes with a specially designed groove in the sole, which could latch onto a retractable peg hidden in the stage floor. At just the right moment, the performer could lock into place and execute the now-iconic “anti-gravity illusion”, immortalized in the Smooth Criminal music video. What’s fascinating is that Jackson didn’t patent a dance move, since choreographic movements are not patentable and are generally not protected by copyright in most jurisdictions, but instead patented the technical device that made the choreography possible.
This case brilliantly illustrates how the boundaries between different areas of intellectual property can become blurred in the performing arts. While copyright protects musical compositions, lyrics, and recordings, stage movements and choreography often remain unprotected, or only safeguarded under very limited circumstances. In some cases, the only way to secure exclusivity over a technically complex stage performance is through an invention patent.
And this is far from an isolated case. Broadway has long been a fertile ground for similar tensions. Some set designers and directors have tried to patent stage mechanisms, lighting effects, or special effects systems to retain exclusivity over specific productions. But these moves have sparked debate: To what extent is it valid to patent elements that, while technical, are also part of a shared artistic experience?
Moreover, in the performing arts, related rights typically benefit performers and producers of recorded works, but often leave out those who contribute from the technical side: costume designers, lighting specialists, and special effects engineers. Jackson’s patent made it possible to ensure that his most striking visual effect could not be commercially replicated without his authorization, thus compensating for the lack of authorial protection over the movement itself.
This brings us to a deeper insight: while copyright and related rights protect artistic expression and performance, patents protect the technical mechanisms that make those expressions possible. When the two collide in music or stage productions, they can either harmonize or clash. Consider an artist who builds a visual performance using patented devices owned by someone else, or a festival using a projection technique unaware that it’s patented; the legal consequences could be significant. And because awareness in these areas is often low, disputes can become costly.
Jackson’s case foreshadowed many of the challenges we now face at the intersection of art, technology, and intellectual property. Today, with the rise of multimedia shows, smart stages, and productions combining music, dance, holographic projections, and immersive tech, the relationship between copyrights, related rights, and patents is becoming more and more complex. Without a clear understanding of their boundaries and scope, the creative industry risks running into new innovation barriers.
People often say that “art cannot be owned,” but in practice, the tools that enable it can be. Jackson understood this ahead of his time: if you can’t protect the choreography, protect the mechanism. A valuable lesson for today’s artists, producers, and creators navigating a world where artistic expression and technological innovation are more intertwined than ever.