805.2(B) Compositional Arrangement
A choreographic work "represents a related series of dance movements and patterns" organized into an integrated, coherent, and expressive compositional whole. Horgan, 789 F.2d at 161 (quoting Compendium (Second] § 450.03(a)).
As discussed in Section 805.5(B)(3), ordinary motor activities, functional physical activities, competitive events, and the like do not satisfy this requirement because they are not dance movements. Likewise, de minimis movements and dance steps do not satisfy this requirement, because they do not contain a sufficient amount of choreographic authorship. See Section 805.5(A).
805.2(C) Musical or Textual Accompaniment
Choreography is usually accompanied by a specific musical composition, although in some cases it may be accompanied by the recitation of a literary work, such as a poem, or it may be performed in silence. See Horgan, 789 F.2d at 161 (quoting Compendium (Second) § 450.01).
The accompaniment for a choreographic work typically provides an established rhythm or theme for the work. In some cases, choreographic works may be intended to express — through bodily movement — the themes or emotions conveyed by a specific musical composition or literary work. See U.S. Copyright Office, Copyright Office Study No. 28, Copyright in Choreographic Works, at 93 n.2 (1961) ("Copyright Office Study No. 28") ("Choreography is commonly devised to be performed with music; the dance may be intended to express a theme suggested by the music, or the music may be intended to heighten the dramatic effect of the dance.").
805.2(D) Dramatic Content
A choreographic work may present a story or theme or it may be an abstract composition. See U.S. Copyright Office, Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law 17 (Comm. Print 1961) ("We see no reason why an 'abstract' dance, as an original creation of a choreographer's authorship, should not be protected as fully as a traditional ballet presenting a story or theme.").
Choreographic works often tell a story, develop characters or themes, and convey dramatic concepts or ideas through a sequence of bodily movements presented in an integrated, compositional whole. "Choreographic works of this character are typified by ballets." Copyright Office Study No. 28, at 101.
A choreographic work may convey dramatic action through specific dance movements and physical actions, even though it does not tell a story or follow a narrative structure. "[M]any 'modern' dances, as distinguished from traditional ballets, are no doubt creative works of authorship; and although no 'story' may be readily evident in a dance of the 'modern' variety, the dance movements are expected to convey some thematic or emotional concept to an audience." Id.
By contrast, choreographic works published prior to January 1, 1978 cannot be registered unless the work tells a story, develops a character, or expresses a theme or
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