For additional guidance in completing this portion of the application, see Chapter 600, Section 618. For a discussion of the practices and procedures for registering computer screen displays, see Chapter 700, Section 721.10.
807.9 Deposit Requirements for Audiovisual Works
For information concerning the deposit requirements for audiovisual works, see Chapter 1500, Section 1509.2(E).
For some types of audiovisual works, the applicant may deposit identifying material instead of submitting a complete copy of the work. If the applicant uses the term "audiovisual" to describe the authorship in the work, the registration specialist will examine the deposit copy(ies) for audio and visual material. If the applicant uses specific terms, such as "music" or "sounds," the specialist will examine the deposit copy(ies) for that type of authorship. Thus, if the applicant submits identifying material in lieu of the entire work, the identifying material should contain the authorship that is specifically claimed in the application. Otherwise, the specialist will communicate with the applicant to discuss the extent of the claim.
808 Motion Pictures
808.1 What Is a Motion Picture?
The Copyright Act defines motion pictures as "audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any." 17 U.S.C. § 101.
808.2 Motion Pictures Distinguished from Other Types of Works
808.2(A) Motion Pictures Distinguished from Audiovisual Works
Motion pictures are a subset of audiovisual works. Thus, an audiovisual work may or may not be a motion picture. It is possible for a series of related images to be embodied in a medium that is traditionally used for motion pictures, such as film or videotape, without imparting an impression of motion. In such cases, the work is considered an audiovisual work, but not a motion picture. For example, a series of related photographs or drawings embodied in film stock would not be considered a motion picture unless, when shown, the images give an impression of motion.
When an applicant asserts a claim in a "motion picture," the registration specialist will examine the material deposited to determine if the images impart some kind of motion. If the material submitted contains only still images, the specialist will request that the applicant change the authorship statement to "audiovisual material."
NOTE: Machine-readable works, such as videogames that contain computer programming or have an interactive element, generally are registered as audiovisual works rather than motion pictures, even though they may impart motion.
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12/22/2014
