Who Owns Viral Culture?

By: Septembra LeSane

Over the past few months (better yet, YEARS), social media has been debating a question that the law still hasn’t fully answered:

Who really owns a viral dance?

The conversation picked up after Mr. Flawda won the “Caresha Spend Dat” dance challenge using his signature dance style while also incorporating a move heavily associated online with another creator, Paid A1, known for popularizing “The Dolphin.”

And honestly, the debate is bigger than just those two creators.

It raises a larger question about internet culture itself.

Because today, influence moves faster than ownership.

A dance can go from somebody’s bedroom, to TikTok, to clubs, to athletes, to celebrities, to brand campaigns in a matter of days. Somewhere along the way, the original creator can become disconnected from the actual business being built around the trend.

That is where things get complicated.

Can You Copyright a Dance?

Technically, yes.

But realistically? It depends.

Under U.S. copyright law, full choreographic works can receive protection. But short-form social dances, signature moves, gestures, or viral trends often fall into a gray area. The law was not built with TikTok, Instagram Reels, or viral challenge culture in mind.

So while people online may say:

“That’s his dance.”

The legal system may view it differently.

And that disconnect is exactly why so many creators feel frustrated when their moves spread across the internet without compensation, credit, or opportunity attached to it.

But Maybe We’re Asking the Wrong Question

The bigger issue may not be:

“Who owns the move?”

It may be:

“Who owns the influence connected to the move?”

Because in today’s creator economy, the real value is often not the choreography itself.

The value is:

• the personality,

• the style,

• the branding,

• the audience,

• the recognizability,

• and the cultural impact attached to the creator.

That is why somebody can see a move for two seconds and instantly know who inspired it.

That recognition has value.

Viral Culture Has Become a Business

A lot of creators do not realize they are building intellectual property in real time.

Not just through copyright.

But through:

• brand identity,

• catchphrases,

• signature styles,

• likeness,

• merchandise,

• endorsements,

• music promotion,

• appearances,

• licensing opportunities,

• and long-term digital influence.

We are watching creators become modern-day entertainment brands before they even have management teams or LLCs in place.

Meanwhile, labels, brands, influencers, athletes, and companies are all learning how to monetize internet culture faster than many creators themselves.

That’s the real conversation.

There’s Also a Culture Side to This

Black internet culture especially has driven some of the biggest trends in music, fashion, dance, slang, and entertainment for years.

But historically, the people who create the culture are not always the people who profit the most from it.

Social media simply accelerated that reality.

And to be clear — inspiration, remixing, and influence are part of culture. That’s how creativity evolves.

But there is still a valid discussion to be had about attribution, visibility, monetization, and how creators protect themselves as their influence grows.

So What Happens Next?

I think we are entering an era where creators will need more than just talent.

They’ll need:

• business structure,

• legal protection,

• contract knowledge,

• ownership strategy,

• and brand development.

Because viral moments fade.

But ownership can last.

And as social media continues turning creators into businesses overnight, conversations like this are only going to become more important.

One dance challenge turned into a much bigger question:

Who really owns viral culture?