• Section 802.5: Musical Works.
• Sections 803.5 and 803. 6(B]: Sound Recordings.
• Section 804.6: Dramatic Works.
• Section 805.4: Choreographic Works.
• Section 806.4: Pantomimes.
• Section 807.5: Audiovisual Works.
• Section 808.7: Motion Pictures.
801.5 Uncopyrightable Material in Works of the Performing Arts
A work of the performing arts is deemed uncopyrightable if it does not constitute copyrightable subject matter, if it is not original to the author, or if it contains insufficient or de minimis expression. For general information on uncopyrightable works, see Chapter 300, Section 313. Specific information concerning uncopyrightable authorship for particular types of works of the performing arts is provided in the following Sections:
• Section 802.5: Musical Works.
• Sections 803.5 and 803. 6(B]: Sound Recordings.
• Section 805.5: Choreographic Works.
• Section 806.5: Pantomimes.
• Section 807.5: Audiovisual Works.
• Section 808.7: Motion Pictures.
801.6 Joint Authorship in Works of the Performing Arts
Joint works are works "prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole." 17U.S.C.§ 101.
Works of the performing arts often have more than one author, and in many cases, the authors are joint authors. It is important to name each author in the application and clearly identify the authorship each author contributed to the work.
The Office may communicate with the applicant to confirm whether the work is a joint work if it appears that authors of the separate elements of the work did not intend to join the works into inseparable or interdependent parts of a unitary whole.
Chapter 800 : 17
12/22/2014
