emotion by means of specific dance movements and physical actions. Choreography was not mentioned in the 1909 Act, and as a result, dances movements could be registered only if the work qualified as a "dramatic work." See id. at 94. For a discussion of these requirements, see Chapter 2100, Section 2122.3.
805.2(E) Presentation Before an Audience
Choreographic works are typically performed before an audience. By contrast, social dances are not intended to be performed for an audience; they are typically performed for the personal enjoyment of the dancers themselves. As discussed in Section 805.5(B), this is one of the distinctions between choreography (which is eligible for copyright protection] and social dances (which do not constitute copyrightable subject matter].
805.2(F) Execution by Skilled Performers
Choreographic works are typically performed by skilled dancers. See Copyright Office Study No. 28, at 100. As discussed in Section 805. 5(B], this is one of the distinctions between choreography (which is eligible for copyright protection] and social dances (which do not constitute copyrightable subject matter]. As a general rule, social dances are not created for professional dancers; they are intended to be performed by the general public. While ballroom dances, line dances, and similar movements generally can be performed by members of the public, choreographic works typically cannot.
805.3 Fixation of Choreographic Works
805.3(A) The Work Must Be Fixed in a Tangible Medium of Expression
The U.S. Copyright Office may register a claim to copyright in a choreographic work, provided that the specific movements constituting the work have been fixed in a tangible medium of expression. 17 U.S.C. § 102(a]. As a general rule, the work should be fixed in a visually perceptible form, because choreography involves the physical movements of a dancer's body which are visually perceived.
805.3(B) Capacity for Uniform Performance
A choreographic work should be fixed in a form that reveals "the movements of the dance in sufficient detail to permit the work to be performed therefrom." Copyright Office Study No. 28, at 103. In other words, the specific movements and physical actions that constitute the choreographic work should be fixed in a form that allows the work to be performed in a consistent and uniform manner.
805.3(C) Improvisation
The U.S. Copyright Office may register a choreographic work if the work has been fixed in a visually perceptible form that allows the dance movements to be perceived and performed by dancers, even if the choreographer left some room for improvisation or if some improvisation is intended in the performance of the work. It is not possible to copyright an improvised dance if the improvisation has not been fixed in a tangible medium of expression. See 17 U.S.C. § 102(a]. For example, the Office may refuse to
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