integrated if the images and the sounds are fixed on separate objects, such as a filmstrip with a separate compact disc containing the narration that accompanies the still images.
807.4 Fixation of Audiovisual Works
To be protected by copyright, an audiovisual work must be fixed in a tangible medium of expression. See 17 U.S.C. § 101. Audiovisual works may be fixed in copies and generally they are fixed in one or more of the following electronic or hard copy formats:
• Machines, such as computers, tablets, mobile phones, and arcade consoles.
• Machine readable copies, such as CD-ROMs, hard drives, and flashdrives.
• Discs or tapes, such as Blu-ray, DVD, or videotape.
• Videogame discs and cartridges for consoles with dedicated hardware.
• Server hosted digital files.
807.5 Copyrightable Authorship in Audiovisual Works
An audiovisual work must contain a sufficient amount of original and creative human authorship to be copyrightable. The visual material, the aural material, and the flow of the work as a whole will be evaluated in determining whether the work can be registered. See Atari Games Corp. v. Oman, 979 F.2d 242, 245 (D.C. Cir. 1992) (Ginsburg, J.) (stating that the Office should focus on "the flow of the game as a whole... 'the entire effect of the game as it appears and sounds'. ..[and] the sequential aspect of the work") (citations omitted).
807.5(A) Independent Creation
An audiovisual work must originate from the author of that work to be protected by copyright. An audiovisual work that is merely copied from another source is not copyrightable.
Example:
• At graduation, a student presents a slide show containing her school picture from each year, starting with kindergarten and ending with the senior year photograph. None of the authorship is original to the applicant. Registration would be refused because all of the content is owned by a third party and there is de minimis originality in compiling all school photos in chronological order.
807.5(B) Creative Expression
An audiovisual work must contain a sufficient amount of creative expression in the form of a series of related images.
Chapter 800 : 97
12/22/2014
