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, Third Edition 808.10(1)

808.10(l)(1)

808.1 0(l)(2)

808.10(J)

808.10(J)(1)

808.1 0(J)(2)

Motion Pictures of Live Performances

When a live performance is recorded on film, video, or other audiovisual medium, one work is captured and another work is created by the recording. For a musical performance, the work captured is the music and lyrics, if any. For a dramatic performance, the work captured is the dramatic work. In both instances, the work created by the recording is considered a motion picture, rather than a musical work or a dramatic work.

Fixation of Live Musical Performances

If a fixation of a live musical performance appears to be unlawful, the registration specialist may communicate with the applicant to determine whether it is an authorized fixation [i.e., a fixation made with the consent of the performer(s) and/or songwriter(s)).

Fixation of Live Dramatic Performances

As discussed in Section 808.2(C) a dramatic work, such as a stage play or musical, may be fixed in a motion picture and a motion picture may be used as the deposit copy for the dramatic work. Typically, the director of a stage production creates a concept for how a work should be realized on the stage, including the movements of the characters on stage. Concepts and ideas are not protected by copyright, and the ordinary movement of characters on a stage is not a copyrightable element. Therefore, the registration specialist will refuse to register a claim in blocking, stage business, staging or stage directions for a dramatic work when these terms refer to the movement of actors or the manner or method of their acting. See Sections 804.3(D)(1) and 804.3(D)(2). Likewise, if the applicant asserts a claim in the "motion picture," the registration may cover the motion picture direction, but it will not cover the stage directions for the dramatic work.

Publication Issues

The applicant should determine whether a motion picture has been published for registration purposes. The U.S. Copyright Office can provide general information about publication and the Office may ask for an explanation in certain cases, but the Office is not permitted to give specific legal advice. For more information on publication of copyrighted works, see Chapter 1900.

Distribution to the Public

A motion picture is distributed to the public when copies are sold or rented, or when film prints, videotapes, DVDs, or other formats are distributed to theaters, schools, or other organizations.

Offering to Distribute

An offering may constitute publication when copies of a motion picture are offered to a group of persons for the purpose of further distribution, public performance, or public display, regardless of whether the distribution, performance, or display actually occurs.

Chapter 800 : 121

12/22/2014 Chapter _00 : 121