Pantomimes and choreographic works are separate and distinct forms of authorship. The physical movements in a pantomime tend to be more restricted than the movements in a choreographic work, while pantomime uses more facial expressions and gestures of the hands and arms than choreography. Unlike a choreographic work, a pantomime usually imitates or caricatures a person, situation, or event. While choreography is typically performed with a musical accompaniment, pantomime is commonly performed without music or measured rhythm.
806.2 Elements of Pantomimes
Pantomimes typically contain one or more of the elements described below, although the presence or absence of a given element is not determinative of whether a particular work constitutes a pantomime.
806.2(A) Movements and Gestures in a Defined Space
Pantomime is executed through the physical movement of a performer's body. Specifically, a pantomime directs the performer's movements, gestures, and facial expressions in a defined sequence and a defined spatial environment, such as a stage.
806.2(B) Compositional Arrangement
A pantomime represents a related series of movements, gestures, and facial expressions organized into an integrated, coherent, and expressive compositional whole.
806.2(C) Silent Action
Pantomime is typically performed without dialog. The sounds that accompany the work (if any] may include sound effects or a musical accompaniment that accentuate the performer's actions or compliment the work as a whole. However, a claim in the pantomime itself does not extend to such music or sounds.
806.2(D) Dramatic Content
A pantomime may present a story or theme or it may be an abstract composition. Pantomimes often tell a story, develop characters or themes, and convey dramatic concepts or ideas through a sequence of gestures and bodily movements. They may be performed either with or without makeup, masks, costumes, scenery, or props.
A pantomime first published prior to January 1, 1978 cannot be registered unless the work tells a story, develops a character, or expresses a theme or emotion by means of specific movements and physical actions. Cf. U.S. Copyright Office, Copyright Office Study No. 28, at 95 (1961). Pantomime was not mentioned in the 1909 Act, and as a result, this type of work could only be registered if it qualified as a "dramatic work." See Dalyv. Palmer, 6 Fed. Cas. 1132, 1136 (C.C.S.D.N.Y. 1868) (No. 3,552) (holding that written directions for movements and gestures conveying an original story sequence may be protectable as a dramatic composition).
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12/22/2014
