NOTE: A non-audio digital file that is uploaded to the Office's server in support of an electronic registration application is a copy for registration purposes.
804.5(B) Phonorecords
Phonorecords of dramatic works, including any accompanying music, include the following:
• Hard copy audio formats, including but not limited to CDs and tapes.
• Electronic audio formats [e.g., wav, mp3, wma) embodied in compact discs, digital video discs, flash drives, hard drives, and other digital file storage devices.
NOTE: A digital audio file that is uploaded to the Office's server in support of an electronic registration application is a phonorecord for registration purposes.
804.6 Copyrightable Authorship in Dramatic Works
804.6(A) Independent Creation
A dramatic work must originate from the author of that work to be protected by copyright. A dramatic work that is merely copied from another source is not copyrightable.
804.6(B) Creative Expression
A dramatic work must contain a sufficient amount of creative expression.
Words and short phrases, such as names, titles, and slogans, are not copyrightable because they lack a sufficient amount of authorship. Thus, the title of a dramatic work or dialog that consists of only several words or phrases is not registrable. 37 C.F.R. § 202.1(a); see also Chapter 300, Section 313.4(B) and 313.4(C).
A mere idea for a dramatic work — such as "boy meets girl, boy falls in love with girl, girl falls in love with someone else" — is not copyrightable because mere ideas are common property. See Zambito v. Paramount Pictures Corp., 613 F. Supp. 1107, 1112 (E.D.N.Y 1985) ("That treasure might be hidden in a cave inhabited by snakes, that fire might be used to repel the snake, that birds might frighten an intruder in the jungle, and that a weary traveler might seek solace in a tavern ... are ... simply too general to be protectable.").
Scenes afaire are defined as elements of a dramatic work, "which necessarily follow from a common theme," such as stock characters, settings, or events that are common to a particular subject matter or medium. Reyher v. Children's Television Workshop, 533 F.2d 87, 91 (2d Cir. 1976) (emphasis added). These types of elements are too commonplace to be copyrightable. For more information concerning scenes afaire, see Chapter 300, Section 313.4(1).
Chapter 800 : 64
12/22/2014
