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, Third Edition Example:

• The U.S. Copyright Office receives an application to register an abstract modern dance, along with a textual description for foot movements. No notations or instructions are provided for torso, head, or arm movements. The registration specialist may refuse registration on the grounds that the work is not sufficiently fixed to allow a dancer to perform the work. In the alternative, the specialist may communicate with the applicant and explain that the deposit copy does not support a claim to copyright in a choreographic work. The specialist may invite the applicant to submit dance notation, a motion picture, or an additional textual description of the work. If the applicant fails to provide additional deposit material, the specialist may refuse to register the dance as a choreographic work.

805.8(D) Descriptions, Depictions, and Illustrations of Social Dances, Simple Routines, or Other Uncopyrightable Movements

Although the copyright law does not protect social dances, simple routines, ordinary physical movements, or the like, the U.S. Copyright Office may register photographs, drawings, sculptures, or other works of visual art that illustrate a series of uncopyrightable movements. For example, a written description of a social dance may be registered as a literary work and a video recording of a simple routine may be registerable as a motion picture. See Registration of Claims to Copyright, 77 Fed. Reg. at 37,607.

The scope of protection for such works does not extend to the movements themselves, either individually or in combination with each other. Instead, the claim is limited to the expressive description, depiction, or illustration of the movements, to the extent that they constitute a pictorial, graphic, or sculptural work, a literary work, or an audiovisual work. For instance, making an unauthorized reproduction of a video recording that depicts an athletic competition may infringe the audiovisual expression in that recording. Likewise, making an unauthorized reproduction of a textbook that describes the steps for performing a social dance or simple routine may infringe the textual expression in that book. However, publicly performing a social dance, a simple routine, or an athletic competition that is depicted in a video recording or a book would not be an infringement. See Copyright Office Study No. 28, at 100 n.45 ("A narrative or graphic description of a social dance, as in a book designed to teach the dance, might be copyrighted; but the copyright, while affording protection against the reproduction of the description in its narrative or graphic form, would not extend to the execution of the dance.").

805.9 Application Tips for Choreographic Works

When registering a claim in a choreographic work using the online application,

the applicant should select "Work of the Performing Arts" as the "Type of Work." When

registering a claim using a paper application, the applicant should complete Form PA.

Chapter 800 : 86

12/22/2014 Chapter _00 : 86