806.6 Registration Issues
This Section discusses frequent registration issues that arise in connection with pantomimes.
806.6(A) Pantomime Combined with a Literary Work or Musical Work
If the claimant owns the copyright in a pantomime and the textual or musical accompaniment for that work, the music or text should be separately claimed in the application. If the claimant does not own the copyright in the accompaniment, that element of the work should be excluded from the claim using the procedure described in Chapter 600, Section 621.8.
806.6(B) Capacity for Uniform Performance
As discussed in Section 806.3, a pantomime may be embodied in a visually perceptible form, provided that the deposit copy(ies) identifies the precise movements, gestures, and facial expressions of the performer and provided that it is sufficiently detailed to serve as directions for the performance of the work.
If the deposit copy(ies) is not sufficiently specific or if it is so general and lacking in detail that the pantomime could not be performed therefrom, the registration specialist may communicate with the applicant or may refuse to register the work as a pantomime. In some cases, it may be possible to register a textual description as a literary work if the application asserts a claim in "text" and it may be possible to register a photograph or drawing as a work of the visual arts if the applicant asserts a claim in "artwork." In both cases, the registration would extend to the description, depiction, or illustration of the movements, but the movements themselves would not be registered as a pantomime. See Registration of Claims to Copyright, 77 Fed. Reg. at 37607.
806.7 Application Tips for Pantomimes
When registering a claim in a pantomime using the online application, the applicant should select "Work of the Performing Arts" as the "Type of Work." When registering a claim using a paper application, the applicant should complete Form PA.
The applicant should provide the name of the author who created the pantomime authorship that appears in the work and the applicant should provide the name of the claimant who owns the copyright in that material.
The Performing Arts Division may accept a claim in "pantomime," "mime," or even "dumb show," provided that the work is a pantomime under Section 102(a)(4) of the Copyright Act and provided that it contains a sufficient amount of original expression. When completing an online application, this information should be provided in the box marked "Other" that appears in the Author Created field, and if applicable, also in the New Material Included field. When completing a paper application on Form PA, this information should be provided in space 2, and if applicable, also in space 6(b). For guidance on completing these portions of the application, see Chapter 600, Sections 618.4 and 621.8.
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