805 Choreographic Works
This Section discusses the U.S. Copyright Office's practices and procedures for the examination of unpublished choreographic works and choreographic works first published on or after January 1, 1978 [i.e., the date that choreography became a category of authorship subject to federal copyright protection). For a discussion of choreographic works first published before January 1, 1978, see Chapter 2100, Section 2122.3.
805.1 What Is a Choreographic Work?
The Copyright Act recognizes choreography as a distinct category of copyrightable authorship. 17 U.S.C. § 102(a)(4). The statute does not define the term "choreographic works." However, the legislative history states that this term has a "fairly settled meaningf]." H.R. Rep. No. 94-1476, at 53 (1976), reprinted in 1976 U.S.C.C.A.N. at 5666- 67; S. Rep. No. 94-473, at 52 (1975).
The word "choreography" is derived from the Greek words "choreia," meaning "dance," and "graphikos," meaning "to write." A dance is the "static and kinetic succession [] of bodily movement in certain rhythmic and spatial relationships." Horgan v. Macmillan, Inc., 789 F.2d 157, 161 (2d Cir. 1986) (quoting Compendium (Second) § 450.01). The Office defines choreography as the composition and arrangement of "a related series of dance movements and patterns organized into a coherent whole." Id. (quoting Compendium (Second) § 450.03(a)).
By definition, choreography is a subset of dance. As such, a work of authorship cannot be registered as a choreographic work unless it is comprised of dance steps, dance movements, and/or dance patterns. However, the term choreography is not synonymous with dance. The legislative history for the 1976 Copyright Act clearly states that "'choreographic works' do not include social dance steps and simple routines." H.R. Rep. No. 94-1476, at 54 (1976), reprinted in 1976 U.S.C.C.A.N. at 5667; S. Rep. No. 94-473, at 52 (1975). For a detailed discussion of the distinction between choreography on the one hand, and social dances and simple routines on the other, see Sections 805.4 and 805.5 below.
805.2 Elements of Choreographic Works
Choreographic works typically contain one or more of the elements described below, although the presence or absence of a given element is not determinative of whether a particular dance constitutes choreography.
805.2(A) Rhythmic Movement in a Defined Space
Choreography is executed through the physical movement of a dancer's body. Specifically, a choreographic work directs the rhythmic movements of one or more dancers' bodies in a defined sequence and a defined spatial environment, such as a stage.
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