Page:Copyright Office Compendium 3rd Edition - Full.djvu/532

, Third Edition 806.4(A)

Copyrightable Subject Matter

When evaluating a claim to copyright in a pantomime, the registration specialist will use objective criteria to determine whether the work constitutes copyrightable subject matter. In making this determination, the specialist will focus on the intrinsic nature of the work, rather than the specific performance that is reflected in the deposit copy(ies). The primary criteria that the specialist will consider are set forth in Section 806.2. These elements are found in most pantomimes, although the presence or absence of a particular element may not be determinative.

Examples of movements, gestures, and facial expressions that do not satisfy this requirement are discussed in Section 806.5(B].

"To qualify for copyright protection, a work must be original to the author." Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340, 345 (1991). In the case of a pantomime, original authorship requires the composition and arrangement of a related series of movements, gestures, and facial expressions organized into an integrated, coherent, and expressive whole.

The U.S. Copyright Office may register a pantomime, provided that the work contains a sufficient amount of creative authorship that was created by the author of that work. The registration specialist will use objective criteria to determine whether a pantomime satisfies these requirements by reviewing the information provided in the application and by examining the deposit copy(ies), including the individual elements of the work as well as the pantomime as a whole. The specific criteria that the specialist will consider are set forth in Section 806.2 above. The specialist will not consider subjective criteria that have no bearing on whether the originality requirement has been met, such as the author's intent, the aesthetic value, artistic merit, or intrinsic quality of the work, or the symbolic meaning or commercial impression of the work.

Examples of movements, gestures, and facial expressions that do not satisfy this requirement are discussed in Sections 806.5(A).

The Copyright Act protects "original works of authorship." 17 U.S.C. § 102(a). To qualify as a work of authorship, a pantomime must involve "the real pantomime of real men." Kalem, 222 U.S. at 61-62. Pantomimes performed by animals, robots, machines, or any other animate or inanimate object are not copyrightable and cannot be registered with the U.S. Copyright Office.

806.4(D) Pantomimes That Incorporate Uncopyrightable Movements, Gestures, and Facial Expressions

As discussed in Section 806.5, stock gestures, common techniques, ordinary motor activities, and other uncopyrightable movements cannot be registered as separate and distinct works of authorship, even if they contain a substantial amount of creative expression. Nevertheless, uncopyrightable movements may be used as the building

806.4(B)

Pantomime Authorship

806.4(C)

Human Performance Required

Chapter 800 : 90

12/22/2014 Chapter _00 : 90