C O M P E N D I U M O F U
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C O P Y R I G H T O F F I C E P R A C T I C E S
, Third Edition
Chapter 800: 78 01/28/2021
If the deposit copy(ies) is not sufficiently specific or if it is so general and lacking in
detail that the dance could not be performed therefrom, the registration specialist may
communicate with the applicant or may refuse to register the dance as a choreographic
work. In some cases, it may be possible to register a textual description as a literary
work if the application asserts a claim in “text” and it may be possible to register a
photograph or drawing as a work of the visual arts if the applicant asserts a claim in
“artwork.” In both cases, the registration would extend to the description, depiction, or
illustration of the movements, but the movements themselves would not be registered
as a choreographic work. See Registration of Claims to Copyright, 77 Fed. Reg. at 37,607.
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
registrable 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