Page:Copyright Office Compendium 3rd Edition - Full.djvu/1043

, Third Edition Choreographic work of a dramatic character, whether the story or theme be expressed in music or action combined or by actions alone, are subject to registration in Class D. However, descriptions of dance steps and other physical gestures, including ballroom and social dances or choreographic works which do not tell a story, develop a character or emotion, or otherwise convey a dramatic concept or idea, are not subject to registration in Class D.

37 C.F.R. § 202.7 [1959]. When Congress enacted the 1976 Copyright Act it extended federal copyright protection to choreography, and since then, the Office has registered choreographic works in class PA.

To be registered as a dramatic work for the renewal term, a choreographic work should tell a story or convey a dramatic concept or idea. The work had to be fixed in a perceptible form [e.g. a textual description, Laban notation, or videography) in enough detail that the work can be performed. Descriptions of dance steps that do not tell a story, develop a character or emotion, or otherwise convey a dramatic concept or idea, are not subject to registration as dramatic works. Also, it is not possible to register a mere dance step or variation. Ballroom, social, and folk dance steps are not registrable.

2122.3(A) Registered for Original Term as Dramatic Work

When a renewal claim is based on an original registration record for a dramatic work, the renewal claim cannot extend beyond the dramatic elements of authorship described in the original registration record, even when the work is a choreographic work or a dramatic work that contains choreography.

2122.3(B) Published but not Registered for Original Term

A choreographic work may be registered for the renewal term as a dramatic work, but only when the work meets all of the following criteria for choreography:

• The work is an original creation of choreographed movements, such as a ballet, modern dance composition, or similar theatrical work;

• The choreographic authorship is fixed in a perceptible form in sufficient detail to be capable of performance; and

• The work has a dramatic element, such that the choreography tells a story, or develops a character, or expresses a theme, or conveys an emotion.

If the renewal claim describes the work or authorship as "choreography," rather than "dramatic work," the U.S. Copyright Office will add an annotation to the certificate of renewal registration record and a note in the registration record that the work is registered as a dramatic work.

2122.3(C) Notice Requirements

As a dramatic work, choreographic works first published in printed copies should bear the statutory or U.C.C. notice for books. If the work was first published in a motion picture, the separate notice should appear in the credits. For more information about

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