uncopyrightable movements are not "choreographic works" under Section 102(a)(4) of the Copyright Act. As such, they cannot be registered, even if they contain a substantial amount of original, creative expression. For the same reason, the Office cannot register derivative social dances, derivative simple routines, or the like. A dance that is merely an adaptation of a social dance or simple routine is also considered a social dance or simple routine that does not qualify as a choreographic work under Section 102(a)(4) of the Act.
The dividing line between copyrightable choreography and uncopyrightable dance is a continuum, rather than a bright line. At one extreme are ballets, modern dances, and other complex works that represent a related series of dance movements and patterns organized into a coherent compositional whole. At the other extreme are social dances, simple routines, and other uncopyrightable movements described in Sections 805.5(B)(1) through 805.5(B)(3) below. Many works fall somewhere in between.
The registration specialist will use objective criteria to determine whether a particular work falls on one side of the continuum or the other. The primary criteria that the specialist will consider are set forth in Section 805.2. The presence or absence of a particular element is not determinative. Instead, the specialist will consider the intrinsic nature of the work, including its individual elements as well as the work as a whole, to determine whether it is the type of dance that constitutes copyrightable subject matter under Section 102(a)(4) of the Copyright Act.
805.5(B)(1) Simple Routines
Congress made it clear that there is a distinction between "choreographic works" on the one hand and simple routines on the other. See H.R. Rep. No. 94-1476, at 54 (1976), reprinted in 1976 U.S.C.C.A.N. at 5667 ('"choreographic works' do not include social dance steps and simple routines"); S. Rep. No. 94-473, at 52 (1975). Choreographic works are eligible for copyright protection, but simple routines are not.
The dividing line between copyrightable choreography and a simple routine is a continuum, rather than a bright line. The U.S. Copyright Office may register complex dances consisting of a related series of dance steps, movements, and patterns organized into a coherent compositional whole. By contrast, the Office cannot register simple routines. For example, it is not possible to copyright a series of dance movements that constitute a relatively small part of a theatrical performance, such as a discrete routine within a variety show, dance contest, or other exhibition. See Copyright Office Study No. 28, at 100.
805.5(B)(2) Social Dances
Congress made it clear that there is a distinction between "choreographic works" on the one hand and social dances on the other. See H.R. Rep. No. 94-1476, at 54 (1976), reprinted in 1976 U.S.C.C.A.N. at 5667 ('"choreographic works' do not include social dance steps and simple routines"); S. Rep. No. 94-473, at 52 (1975). Choreographic works are eligible for copyright protection, but social dances are not. Examples of social dance include the following:
Chapter 800 : 80
12/22/2014
