Examples:
• HDCAM
• HDCAM SR
• Digital Betacam [Digibeta]
• Betacam SP
• VHS Cassette
808.7 Copyrightable Authorship in Motion Pictures
808.7(A) Independent Creation
A motion picture must originate from the author of that work to be protected by copyright. A motion picture that is merely copied from source is not copyrightable.
808.7(B) Creative Expression
A motion picture must contain a sufficient amount of creative expression in the form of a series of sequential images that convey motion.
Examples:
• The applicant submits a video recording of a child's birthday party. The claim in motion picture will be registered.
• The author cut two seconds from a preexisting film; the applicant submits a claim in editing. Because the authorship is de minimis, the claim will be refused.
808.7(C) Human Authorship
A motion picture must contain creative human authorship. A motion picture created by a non-human author, created by a purely mechanical process, or generated solely by preexisting software is not copyrightable.
Examples:
• The applicant submits a claim in editing. The applicant explains that the author transferred the motion picture from film to DVD, a process referred to as "digitization." The registration specialist will refuse the claim, because digitization is a mechanical process lacking any creative human authorship.
• A chimpanzee picks up a video camera, inadvertently turns it on and records images. The applicant submits a claim in a motion picture, naming the chimpanzee as the author. The registration specialist
Chapter 800 : 109
12/22/2014
