the composition and arrangement of "a related series of dance movements and patterns organized into a coherent whole." 789 F.2d at 161 (quoting Compendium (Second) §§ 450.01, 450.03(a)).
When evaluating a claim to copyright in choreography, the registration specialist will use objective criteria to determine whether the work is a dance that constitutes copyrightable subject matter under Section 102(a)(4) of the Copyright Act. In making this determination, the specialist will focus on the intrinsic nature of the work, rather than the specific performance that is reflected in the deposit copy(ies). The primary criteria that the specialist will consider are set forth in Section 805.2. These elements are found in most choreographic works, although the presence or absence of a particular element may not be determinative.
When Congress extended copyright protection to choreographic works, it did not intend to protect all forms of dance or movement. Instead, it used the term "choreographic work" in contrast to non-compositional dances, such as social dances or simple dance routines. Examples of dances and bodily movements that do not constitute copyrightable subject matter are discussed in Section 805.5(B) below.
"As a fundamental premise, copyright presupposes an original intellectual creation of authorship." Copyright Office Study No. 28, at 100. In the case of a choreographic work, original authorship requires the composition and arrangement of "a related series of dance movements and patterns" organized into an integrated, coherent, and expressive whole. Horgan, 789 F.2d at 161 (quoting Compendium (Second) § 450.03(a)); see also Registration of Claims to Copyright, 77 Fed. Reg. 37,605, 37,607 (June 22, 2012).
The U.S. Copyright Office may register a choreographic work, provided that the dance contains a sufficient amount of choreographic authorship that was created by the choreographer. The registration specialist will use objective criteria to determine whether a choreographic work satisfies these requirements by reviewing the information provided in the application and by examining the deposit copy(ies), including the individual elements of the work as well as the dance as a whole. The specific criteria that the specialist will consider are set forth in Section 805.2 above. The specialist will not consider subjective criteria that have no bearing on whether the originality requirement has been met, such as the author's intent, the aesthetic value, artistic merit, or intrinsic quality of the dance, or the symbolic meaning or commercial impression of the dance.
Examples of dances and bodily movements that do not satisfy the originality requirement are discussed in Section 805.5(A) below.
The Copyright Act protects "original works of authorship." 17 U.S.C. § 102(a). To qualify as a work of authorship a choreographic work must be created by a human being and it must be intended for execution by humans. Dances performed or intended to be performed by animals, machines, or other animate or inanimate objects are not copyrightable and cannot be registered with the U.S. Copyright Office.
805.4(B)
Choreographic Authorship
805.4(C)
Human Performance Required
Chapter 800 : 77
12/22/2014
