805.4(D) Choreographic Works That Incorporate De Minimis Dance Steps, Social Dances, Simple Routines, or Other Uncopyrightable Movements
As discussed in Section 805.5(B), social dances, simple routines, and other uncopyrightable movements cannot be registered as separate and distinct works of authorship, even if they contain a substantial amount of creative expression. Nevertheless, uncopyrightable movements may be used as the building blocks for a choreographer's expression, in much the same way that words and short phrases provide the basic material for writers. Choreographic works that incorporate social dance steps, simple routines, or even athletic exercises may be protected by copyright, provided that the work as a whole contains a sufficient amount of choreographic authorship. See Horgan, 789 F.2d at 161 [quoting Compendium (Second] § 450.06].
Example:
• Jose Eduardo da Silva created the choreography for a complex dance production titled, Tango de Janeiro. One of the dances in the production incorporates an extensive number of steps and routines from a social dance. While the overall production could be registered as a choreographic work, the U.S. Copyright Office would reject a claim limited to the adapted social dance.
805.5 Uncopyrightable Dances and Dance Steps
The U.S. Copyright Office is charged with administering the provisions of the Copyright Act and with issuing regulations for the administration of the copyright system that are consistent with the statute. 17 U.S.C. §§ 701(a], 702. The Office has no authority to register claims to copyright in material that falls outside the scope of federal statutory protection. Some of the more common types of uncopyrightable dances are discussed in Sections 805. 5(A] and 805. 5(B]. These examples are overlapping in the sense that a dance step or routine falling within one category may also fall within other categories described in that Section.
805.5(A) De minimis Movements and Dance Steps
As discussed in Section 805.1, choreography is the composition and arrangement of "a related series of dance movements and patterns organized into a coherent whole." Horgan, 789 F.2d at 161 [quoting Compendium (Second] § 450.03[a]]. Individual movements or dance steps by themselves are not copyrightable, such as the basic waltz step, the hustle step, the grapevine, or the second position in classical ballet. Id. (quoting Compendium (Second] § 450.06]. Likewise, the U.S. Copyright Office cannot register short dance routines consisting of only a few movements or steps with minor linear or spatial variations, even if the routine is novel or distinctive. Cf. 37 C.F.R. § 202. 1(a). The individual elements of a dance are not copyrightable for the same reason that individual words, numbers, notes, colors, or shapes are not protected by the copyright law. Individual dance steps and short dance routines are the building blocks of choreographic expression, and allowing copyright protection for these elements would impede rather than foster creative expression. See Horgan, 789 F.2d at 161 (quoting Compendium (Second) § 450.06).
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12/22/2014
