Page:Copyright Office Compendium 3rd Edition - Full.djvu/551

, Third Edition Examples:

• HDCAM

• HDCAM SR

• Digital Betacam [Digibeta]

• Betacam SP

• VHS Cassette

808.7 Copyrightable Authorship in Motion Pictures

808.7(A) Independent Creation

A motion picture must originate from the author of that work to be protected by copyright. A motion picture that is merely copied from source is not copyrightable.

808.7(B) Creative Expression

A motion picture must contain a sufficient amount of creative expression in the form of a series of sequential images that convey motion.

Examples:

• The applicant submits a video recording of a child's birthday party. The claim in motion picture will be registered.

• The author cut two seconds from a preexisting film; the applicant submits a claim in editing. Because the authorship is de minimis, the claim will be refused.

808.7(C) Human Authorship

A motion picture must contain creative human authorship. A motion picture created by a non-human author, created by a purely mechanical process, or generated solely by preexisting software is not copyrightable.

Examples:

• The applicant submits a claim in editing. The applicant explains that the author transferred the motion picture from film to DVD, a process referred to as "digitization." The registration specialist will refuse the claim, because digitization is a mechanical process lacking any creative human authorship.

• A chimpanzee picks up a video camera, inadvertently turns it on and records images. The applicant submits a claim in a motion picture, naming the chimpanzee as the author. The registration specialist

Chapter 800 : 109

12/22/2014 Chapter _00 : 109