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Compendium of U.S. Copyright Office Practices, Third Edition

  • Fiction
  • Nonfiction
  • Poetry
  • Directories
  • Catalogs
  • Textbooks
  • Reference works
  • Advertising copy
  • Compilations of information
  • Computer programs
  • Databases

See 37 C.F.R. § 202.3(b)(1)(i); H.R. Rep. No. 94-1476, at 54 (1976), reprinted in 1976 U.S.C.C.A.N. 5659, 5667.

704 Literary Works Distinguished from Works of the Performing Arts

Textual works that are intended to be performed before an audience and textual works that are intended to be used in a sound recording, motion picture, or other audiovisual work are considered works of the performing arts, rather than nondramatic literary works. For a definition and discussion of works of the performing arts, see Chapter 800.

Examples:

  • Julia Babcock is the author of a novel titled The Sisters. Cynthia Cisneros is the author of a Spanish-language play titled Las Hermanas, which is based on Julia’s novel. Anne Kennedy wrote an article about the play that was published in a local newspaper. Julia’s novel and Anne’s article could be registered as nondramatic literary works, while Cynthia’s play could be registered as a work of the performing arts.
  • Leonard Edgemoor is the author of the novel Get Lucky, which was published by the Mystery Press in a print and ebook edition. The Mystery Press also published a recording of an actor reciting the text of the novel. Leonard’s novel could be registered as a nondramatic literary work, while the recording of the novel could be registered as either a literary work or a work of the performing arts.

Chapter 700 : 6
12/22/2014