Compendium_Chapter

 
Chapter 800  :  1  01/28/2021 
C O M P E N D I U M
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 Chapter 800 
Works of the Performing Arts 
   
What This Chapter Covers ........................................................................................................................................... 13 
1  Performing Arts Division ............................................................................................................................................. 13 
2  What Is a Work of the Performing Arts? ................................................................................................................ 13 
3  Fixation of Works of the Performing Arts ............................................................................................................. 14 
3(A)  Copies .................................................................................................................................................................................. 15 
3(B)  Phonorecords ................................................................................................................................................................... 15 
4  Copyrightable Authorship in Works of the Performing Arts ......................................................................... 15 
5  Uncopyrightable Material in Works of the Performing Arts .......................................................................... 16 
6  Joint Authorship in Works of the Performing Arts ............................................................................................ 16 
7  Works Made for Hire ..................................................................................................................................................... 17 
8  Derivative Works ............................................................................................................................................................ 17 
9  Compilations ..................................................................................................................................................................... 18 
10  Collective Works ............................................................................................................................................................. 18 
11  Completing the Application for Works of the Performing Arts .................................................................... 18 
12  Deposit Requirements for Works of the Performing Arts .............................................................................. 19 
Musical Works.................................................................................................................................................................. 19 
1   What Is a Musical Work? .............................................................................................................................................. 19 
2  Musical Works Distinguished from Other Types of Works ............................................................................ 19 
2(A)  Nondramatic Musical Works Distinguished from Dramatic Musical Works ........................................... 19 
2(B)  Musical Works Distinguished from Sound Recordings .................................................................................... 19 
3  Elements of Musical Works......................................................................................................................................... 19 
3(A)  Melody................................................................................................................................................................................. 20 
3(B)  Rhythm ............................................................................................................................................................................... 20 
3(C)  Harmony ............................................................................................................................................................................ 20 
3(D)  Song Lyrics ........................................................................................................................................................................ 20 
4  Fixation of Musical Works ........................................................................................................................................... 20 
4(A)  Copies .................................................................................................................................................................................. 20 
4(B)  Phonorecords ................................................................................................................................................................... 21 

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4(C)  Motion Pictures ............................................................................................................................................................... 21 
5  Copyrightable Authorship in Musical Works ....................................................................................................... 21 
5(A)  Independent Creation ................................................................................................................................................... 21 
5(B)  Creative Expression ....................................................................................................................................................... 22 
5(C)  Human Authorship ......................................................................................................................................................... 22 
6  Derivative Musical Works ........................................................................................................................................... 22 
6(A)  Permission to Use Preexisting Material ................................................................................................................. 23 
6(B)  Permission to Use Under a Section 115 Compulsory License ....................................................................... 23 
6(C)  Musical Arrangements .................................................................................................................................................. 24 
6(C)(1)  Harmonization ................................................................................................................................................................. 24 
6(C)(2)  Instrumentation .............................................................................................................................................................. 24 
6(D)  Adaptations ....................................................................................................................................................................... 24 
6(E)  Variations ........................................................................................................................................................................... 25 
6(F)  Setting ................................................................................................................................................................................. 25 
6(G)  Musical Works Containing Samples or Interpolation ....................................................................................... 25 
6(H)  Revised or Additional Music / Lyrics ...................................................................................................................... 25 
6(I)  Editorial Authorship ...................................................................................................................................................... 25 
6(J)  Method Books .................................................................................................................................................................. 26 
7  Collective Musical Works ............................................................................................................................................. 26 
8  Registration Issues ......................................................................................................................................................... 27 
8(A)  A Registration for a Musical Work Distinguished from a Registration for a Sound Recording ........ 27 
8(B)  Identifying the Author .................................................................................................................................................. 28 
8(C)  Joint Authorship .............................................................................................................................................................. 28 
8(D)  Name Individual Authors (Not Performing Groups) as the Author of a Musical Work ....................... 29 
8(E)  Work Made for Hire Authorship ............................................................................................................................... 30 
8(F)  Publication Issues ........................................................................................................................................................... 31 
8(G)  [Reserved] ......................................................................................................................................................................... 32 
8(H)  [Reserved] ......................................................................................................................................................................... 32 
9  Application Tips for Musical Works ........................................................................................................................ 32 
9(A)  Type of Work .................................................................................................................................................................... 32 
9(B)  Title of Work ..................................................................................................................................................................... 32 

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9(C)  Year of Completion ......................................................................................................................................................... 33 
9(D)  The Author Created Field and the Nature of Authorship Space ................................................................... 33 
9(E)  Unclear Authorship Terms .......................................................................................................................................... 33 
9(E)(1)  Instrument Names / Vocals ........................................................................................................................................ 34 
9(E)(2)  Production / Produced ................................................................................................................................................. 34 
9(E)(3)  Rap ........................................................................................................................................................................................ 34 
9(E)(4)  Beats .................................................................................................................................................................................... 34 
9(E)(5)  Loops ................................................................................................................................................................................... 35 
9(E)(6)  Transcription .................................................................................................................................................................... 35 
9(E)(7)  Sound Effects .................................................................................................................................................................... 35 
9(F)  The Material Excluded / New Material Included Fields and the Preexisting Material / Material 
Added to This Work Spaces ........................................................................................................................................ 35 
10  Deposit Requirements for Musical Works ............................................................................................................ 36 
Sound Recordings ........................................................................................................................................................... 36 
1  What Is a Sound Recording? ....................................................................................................................................... 36 
2  Sound Recordings Distinguished from Other Types of Works...................................................................... 36 
2(A)  Sound Recordings Distinguished from Musical Works .................................................................................... 36 
2(B)  Sound Recordings Distinguished from the Sounds Accompanying a Motion Picture .......................... 37 
3  Elements of Sound Recordings .................................................................................................................................. 37 
3(A)  Performance Authorship ............................................................................................................................................. 37 
3(B)  Production Authorship ................................................................................................................................................. 37 
4  Fixation of Sound Recordings .................................................................................................................................... 37 
4(A)  Unauthorized Fixation .................................................................................................................................................. 38 
4(B)  Types of Phonorecords ................................................................................................................................................. 38 
4(C)  Insufficiently Fixed Formats ....................................................................................................................................... 38 
5  Copyrightable Authorship in Sound Recordings ................................................................................................ 38 
5(A)  Independent Creation ................................................................................................................................................... 38 
5(B)  Creative Expression ....................................................................................................................................................... 39 
5(C)  Human Authorship ......................................................................................................................................................... 39 
5(D)  Pre-1972 Sound Recordings ....................................................................................................................................... 39 
6  Derivative Sound Recordings ..................................................................................................................................... 40 
6(A)  Permission to Use Preexisting Material ................................................................................................................. 40 

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6(B)  Copyrightable Authorship in Derivative Sound Recordings .......................................................................... 40 
6(B)(1)  Additional Sounds .......................................................................................................................................................... 41 
6(B)(2)  Remix ................................................................................................................................................................................... 41 
6(B)(3)  Editorial Authorship ...................................................................................................................................................... 41 
6(B)(4)  Sound Recordings Containing Samples .................................................................................................................. 41 
6(B)(5)  Mashups ............................................................................................................................................................................. 41 
6(B)(6)  Mixtapes ............................................................................................................................................................................. 42 
7  Compilations of Preexisting Sound Recordings .................................................................................................. 42 
7(A)  Registrable Compilations............................................................................................................................................. 42 
7(B)  Unregistrable Compilations ........................................................................................................................................ 42 
8  Registration Issues ......................................................................................................................................................... 43 
8(A)  A Registration for a Sound Recording Distinguished from a Registration for a Musical Work  
or Literary Work ............................................................................................................................................................. 43 
8(B)  Joint Authorship .............................................................................................................................................................. 44 
8(C)  Name Individual Authors (Not Performing Groups) as the Author of a Sound Recording ................ 45 
8(D)  Work Made for Hire Authorship ............................................................................................................................... 45 
8(E)  Executive Producer ........................................................................................................................................................ 46 
8(F)  Publication Issues ........................................................................................................................................................... 46 
8(F)(1)  Sounds Published on Both a Soundtrack Album and in a Motion Picture ................................................ 46 
8(F)(2)  Combination CD / DVD ................................................................................................................................................. 46 
8(F)(3)  Album Containing a Previously Published Track ............................................................................................... 47 
8(F)(4)  Bonus Track Added to a Previously Published Album ..................................................................................... 47 
8(G)  [Reserved] ......................................................................................................................................................................... 47 
8(H)  [Reserved] ......................................................................................................................................................................... 47 
9  Application Tips for Sound Recordings .................................................................................................................. 47 
9(A)  Type of Work .................................................................................................................................................................... 47 
9(B)  Title of Work ..................................................................................................................................................................... 48 
9(C)  The Author Created Field and the Nature of Authorship Space ................................................................... 48 
9(D)  Unclear Authorship Terms .......................................................................................................................................... 48 
9(D)(1)  Instrument Names / Vocals ........................................................................................................................................ 49 
9(D)(2)  Narration / Spoken Words .......................................................................................................................................... 49 
9(D)(3)  Rap ........................................................................................................................................................................................ 49 

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9(D)(4)  Beats / Music Track ....................................................................................................................................................... 50 
9(D)(5)  Executive Producer ........................................................................................................................................................ 50 
9(D)(6)  Sound Effects .................................................................................................................................................................... 50 
9(E)  Claims in Hidden Tracks .............................................................................................................................................. 51 
9(F)  The Material Excluded / New Material Included Field and the Preexisting Material / Material 
Added to This Work Spaces ........................................................................................................................................ 51 
9(F)(1)  Preexisting Liner Notes, Artwork, and Photographs ........................................................................................ 51 
9(F)(2)  Samples ............................................................................................................................................................................... 51 
9(F)(3)  Unclear Authorship Terms for Derivative Sound Recordings ....................................................................... 52 
9(F)(4)  Unacceptable Authorship Terms for Derivative Sound Recordings ........................................................... 52 
10  Deposit Requirements for Sound Recordings...................................................................................................... 52 
Dramatic Works .............................................................................................................................................................. 53 
1  What Is a Dramatic Work? .......................................................................................................................................... 53 
2  Dramatic Works Distinguished from Other Types of Works ......................................................................... 53 
2(A)  Dramatic Works Distinguished from Nondramatic Literary Works ........................................................... 53 
2(B)  Dramatic Works Distinguished from Other Works of the Performing Arts ............................................. 53 
3  Elements of Dramatic Works ..................................................................................................................................... 53 
3(A)  Plot ....................................................................................................................................................................................... 53 
3(B)  Characters .......................................................................................................................................................................... 54 
3(C)  Dialog / Monolog ............................................................................................................................................................ 54 
3(D)  Stage Directions and Directions for Performance .............................................................................................. 54 
3(D)(1)  Stage Business .................................................................................................................................................................. 54 
3(D)(2)  Blocking .............................................................................................................................................................................. 54 
3(E)  Music in Dramatic Works ............................................................................................................................................ 54 
3(F)  Illustrations or Descriptions of Costumes, Scenery, Sets, Props, or Lighting .......................................... 55 
4  Types of Dramatic Works ............................................................................................................................................ 55 
4(A)  Stage Plays ......................................................................................................................................................................... 55 
4(B)  Musical Plays .................................................................................................................................................................... 55 
4(C)  Screenplays ....................................................................................................................................................................... 55 
4(D)  Teleplays ............................................................................................................................................................................ 55 
4(E)  Radio Plays ........................................................................................................................................................................ 55 
4(F)  Precursors of Dramatic Works .................................................................................................................................. 55 

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4(F)(1)  Synopses............................................................................................................................................................................. 55 
4(F)(2)  Treatments ........................................................................................................................................................................ 56 
5  Fixation of Dramatic Works ........................................................................................................................................ 56 
5(A)  Copies .................................................................................................................................................................................. 56 
5(B)  Phonorecords ................................................................................................................................................................... 56 
6  Copyrightable Authorship in Dramatic Works .................................................................................................... 57 
6(A)  Independent Creation ................................................................................................................................................... 57 
6(B)  Creative Expression ....................................................................................................................................................... 57 
7  Derivative Dramatic Works ........................................................................................................................................ 57 
7(A)  Dramatizations or Adaptations ................................................................................................................................. 58 
7(B)  Revisions ............................................................................................................................................................................ 58 
7(C)  Translations ...................................................................................................................................................................... 58 
7(D)  Stage Directions............................................................................................................................................................... 59 
8  Registration Issues ......................................................................................................................................................... 59 
8(A)  Joint Authorship .............................................................................................................................................................. 59 
8(A)(1)  Intent to Merge into a Unified Whole ...................................................................................................................... 59 
8(A)(2)  Weight of Contribution to the Work as a Whole ................................................................................................. 60 
8(B)  Synopses............................................................................................................................................................................. 60 
8(C)  Redacted Screenplay for a Motion Picture in Production ............................................................................... 61 
8(D)  Publication Issues ........................................................................................................................................................... 61 
9   Application Tips for Dramatic Works ..................................................................................................................... 62 
9(A)  Type of Work .................................................................................................................................................................... 62 
9(B)  Joint Authors..................................................................................................................................................................... 62 
9(C)  The Author Created Field and the Nature of Authorship Space ................................................................... 62 
9(D)  The Material Excluded / New Material Included Fields and the Preexisting Material / Material 
Added to This Work Spaces ........................................................................................................................................ 63 
9(D)(1)  Dramatizations, Adaptations, and Revisions ....................................................................................................... 64 
9(D)(2)  Translations ...................................................................................................................................................................... 64 
9(D)(3)  Stage Directions............................................................................................................................................................... 64 
10  Deposit Requirements for Dramatic Works ......................................................................................................... 65 
Choreographic Works ................................................................................................................................................... 65 
1  What Is a Choreographic Work? ............................................................................................................................... 65 

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2  Elements of Choreographic Works .......................................................................................................................... 66 
2(A)  Rhythmic Movement in a Defined Space ............................................................................................................... 66 
2(B)  Compositional Arrangement ...................................................................................................................................... 66 
2(C)  Musical or Textual Accompaniment ........................................................................................................................ 66 
2(D)  Dramatic Content ............................................................................................................................................................ 67 
2(E)  Presentation Before an Audience ............................................................................................................................. 67 
2(F)  Execution by Skilled Performers .............................................................................................................................. 67 
3  Fixation of Choreographic Works............................................................................................................................. 68 
3(A)  The Work Must Be Fixed in a Tangible Medium of Expression .................................................................... 68 
3(B)  Capacity for Uniform Performance .......................................................................................................................... 68 
3(C)  Improvisation ................................................................................................................................................................... 68 
3(D)  Forms of Fixation for Choreographic Works........................................................................................................ 68 
3(D)(1)  Dance Notation ................................................................................................................................................................ 68 
3(D)(2)  Audiovisual Recordings ................................................................................................................................................ 69 
3(D)(3)  Textual Descriptions, Photographs, Drawings, Illustrations, or the Like.................................................. 69 
4  Copyrightable Authorship in Choreographic Works......................................................................................... 69 
4(A)  Copyrightable Subject Matter .................................................................................................................................... 69 
4(B)  Choreographic Authorship .......................................................................................................................................... 70 
4(C)  Human Performance Required .................................................................................................................................. 70 
4(D)  Choreographic Works That Incorporate De Minimis Dance Steps, Social Dances,  
Simple Routines, or Other Uncopyrightable Movements ................................................................................ 70 
5  Uncopyrightable Dances and Dance Steps ............................................................................................................ 71 
5(A)  De minimis Movements and Dance Steps............................................................................................................... 71 
5(B)  Social Dances, Simple Routines, and Other Uncopyrightable Movements ............................................... 72 
5(B)(1)  Simple Routines............................................................................................................................................................... 73 
5(B)(2)  Social Dances .................................................................................................................................................................... 73 
5(B)(3)  Ordinary Motor Activities, Non-Expressive Physical Activities, Competitive Maneuvers,  
Feats of Physical Skill or Dexterity, and Other Uncopyrightable Movements in  
Choreographic Works ................................................................................................................................................... 74 
6  Derivative Choreographic Works ............................................................................................................................. 75 
7  Compilations ..................................................................................................................................................................... 76 
8  Registration Issues ......................................................................................................................................................... 77 
8(A)  Choreographic Works Embodied in Dramatic Works or Audiovisual Works ......................................... 77 

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8(B)  Choreographic Work Combined with a Musical Work ..................................................................................... 77 
8(C)  Capacity for Uniform Performance .......................................................................................................................... 77 
8(D)  Descriptions, Depictions, and Illustrations of Social Dances, Simple Routines, or Other 
Uncopyrightable Movements ..................................................................................................................................... 78 
9  Application Tips for Choreographic Works .......................................................................................................... 79 
10  Deposit Requirements for Choreographic Works .............................................................................................. 79 
Pantomimes ...................................................................................................................................................................... 79 
1  What Is a Pantomime? .................................................................................................................................................. 79 
2  Elements of Pantomimes ............................................................................................................................................. 80 
2(A)  Movements and Gestures in a Defined Space ...................................................................................................... 80 
2(B)  Compositional Arrangement ...................................................................................................................................... 80 
2(C)  Silent Action ...................................................................................................................................................................... 80 
2(D)  Dramatic Content ............................................................................................................................................................ 80 
2(E)  Presentation Before an Audience ............................................................................................................................. 81 
3  Fixation of Pantomimes................................................................................................................................................ 81 
3(A)  The Work Must Be Fixed in a Tangible Medium of Expression .................................................................... 81 
3(B)  Capacity for Uniform Performance .......................................................................................................................... 81 
3(C)  Improvisation ................................................................................................................................................................... 81 
3(D)  Forms of Fixation for Pantomimes........................................................................................................................... 82 
4  Copyrightable Authorship in Pantomimes............................................................................................................ 82 
4(A)  Copyrightable Subject Matter .................................................................................................................................... 82 
4(B)  Pantomime Authorship ................................................................................................................................................ 82 
4(C)  Human Performance Required .................................................................................................................................. 83 
4(D)  Pantomimes That Incorporate Uncopyrightable Movements, Gestures, and Facial Expressions ... 83 
5  Uncopyrightable Pantomimes ................................................................................................................................... 83 
5(A)  De Minimis Movements ................................................................................................................................................. 83 
5(B)  Ordinary Motor Activities, Non-Expressive Physical Activities, Competitive Maneuvers,  
Feats of Physical Skill or Dexterity, and Other Uncopyrightable Movements in Pantomimes ......... 84 
6  Registration Issues ......................................................................................................................................................... 84 
6(A)  Pantomime Combined with a Literary Work or Musical Work .................................................................... 85 
6(B)  Capacity for Uniform Performance .......................................................................................................................... 85 
7  Application Tips for Pantomimes ............................................................................................................................. 85 

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8  Deposit Requirements for Pantomimes ................................................................................................................. 85 
Audiovisual Works ......................................................................................................................................................... 86 
1   What Is an Audiovisual Work? .................................................................................................................................. 86 
2   Audiovisual Works Distinguished from Other Types of Works ................................................................... 86 
2(A)  Audiovisual Works Distinguished from Motion Pictures ................................................................................ 86 
2(B)  Sounds Accompanying Audiovisual Works Distinguished from Sound Recordings............................. 86 
2(C)  Audiovisual Works Distinguished from Visual Art Works.............................................................................. 87 
2(D)  Audiovisual Works Distinguished from Literary Works ................................................................................. 87 
3  Elements of Audiovisual Works ................................................................................................................................ 87 
3(A)  Visual Authorship ........................................................................................................................................................... 87 
3(B)  Series of Related Images .............................................................................................................................................. 87 
3(C)  Intrinsic Use of Machine or Device .......................................................................................................................... 88 
3(D)  Single, Integrated Work................................................................................................................................................ 88 
3(E)  Aural Authorship ............................................................................................................................................................ 88 
3(E)(1)  Soundtrack ........................................................................................................................................................................ 88 
3(E)(2)  Physical Integration of Sounds .................................................................................................................................. 88 
4  Fixation of Audiovisual Works .................................................................................................................................. 89 
5  Copyrightable Authorship in Audiovisual Works .............................................................................................. 89 
5(A)  Independent Creation ................................................................................................................................................... 89 
5(B)  Creative Expression ....................................................................................................................................................... 89 
5(C)  Human Authorship ......................................................................................................................................................... 90 
6   Derivative Audiovisual Works ................................................................................................................................... 90 
7  Registration Issues ......................................................................................................................................................... 91 
7(A)  Videogames ....................................................................................................................................................................... 91 
7(A)(1)  Videogames Distinguished from Computer Programs ..................................................................................... 91 
7(A)(2)  One Videogame, Multiple Platforms ........................................................................................................................ 91 
7(B)  Karaoke Displays ............................................................................................................................................................ 92 
7(C)  Apps for Computers, Tablets, or Mobile Phones................................................................................................. 92 
7(D)  Banner Advertisements................................................................................................................................................ 92 
7(E)  Slide Presentations......................................................................................................................................................... 93 
8  Application Tips for Audiovisual Works ................................................................................................................ 93 

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8(A)  Type of Work .................................................................................................................................................................... 93 
8(B)  The Author Created Field and the Nature of Authorship Space ................................................................... 94 
9  Deposit Requirements for Audiovisual Works .................................................................................................... 95 
Motion Pictures ............................................................................................................................................................... 95 
1  What Is a Motion Picture? ........................................................................................................................................... 95 
2  Motion Pictures Distinguished from Other Types of Works .......................................................................... 95 
2(A)  Motion Pictures Distinguished from Audiovisual Works ................................................................................ 95 
2(B)  Sounds Accompanying Motion Pictures Distinguished from Sound Recordings ................................... 96 
2(C)  Motion Pictures Distinguished from Underlying Works ................................................................................. 96 
3  Elements of Motion Pictures ...................................................................................................................................... 96 
3(A)  Impression of Motion Required ................................................................................................................................ 96 
3(B)  Device Needed for Viewing ......................................................................................................................................... 97 
3(C)  Sound Not Required....................................................................................................................................................... 97 
3(D)  Single, Integrated Work................................................................................................................................................ 97 
4  Elements of Motion Picture Authorship ................................................................................................................ 97 
4(A)  Production ......................................................................................................................................................................... 97 
4(B)  Direction ............................................................................................................................................................................. 97 
4(C)  Cinematography .............................................................................................................................................................. 97 
4(D)  Performance ..................................................................................................................................................................... 97 
4(E)  Animation .......................................................................................................................................................................... 98 
4(F)  Screenplay or Script ....................................................................................................................................................... 98 
4(G)  Works That Precede a Screenplay or Script ......................................................................................................... 98 
4(G)(1)  Textual Proposal ............................................................................................................................................................. 98 
4(G)(2)  Synopsis.............................................................................................................................................................................. 98 
4(G)(3)  Treatment .......................................................................................................................................................................... 98 
4(H)  Editing ................................................................................................................................................................................. 98 
4(I)  Musical Score .................................................................................................................................................................... 98 
4(J)  Soundtrack ........................................................................................................................................................................ 99 
5  Types of Motion Pictures ............................................................................................................................................. 99 
6  Fixation of Motion Pictures ......................................................................................................................................... 99 
6(A)  Video Formats .................................................................................................................................................................. 99 

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6(A)(1)  Videodiscs .......................................................................................................................................................................... 99 
6(A)(2)  Digital Video Files ........................................................................................................................................................... 99 
6(A)(3)  Videotape ......................................................................................................................................................................... 100 
6(B)  Film Format .................................................................................................................................................................... 100 
7  Copyrightable Authorship in Motion Pictures ................................................................................................... 101 
7(A)  Independent Creation ................................................................................................................................................. 101 
7(B)  Creative Expression ..................................................................................................................................................... 101 
7(C)  Human Authorship ....................................................................................................................................................... 101 
8  Derivative Motion Pictures ....................................................................................................................................... 102 
8(A)  Editing ............................................................................................................................................................................... 102 
8(B)  Dubbed Soundtracks and Subtitled Motion Pictures ...................................................................................... 102 
8(B)(1)  Subtitles ............................................................................................................................................................................ 103 
8(B)(2)  Dubbed Soundtracks ................................................................................................................................................... 103 
8(C)  Closed and Open Captioning..................................................................................................................................... 103 
8(D)  Bonus Material Contained in DVD .......................................................................................................................... 103 
8(E)  Colorized Motion Pictures ......................................................................................................................................... 104 
9  [Reserved] ....................................................................................................................................................................... 104 
10  Registration Issues ....................................................................................................................................................... 104 
10(A)  Identifying the Author of a Motion Picture ......................................................................................................... 104 
10(A)(1)  Work Made for Hire Authorship ............................................................................................................................. 105 
10(A)(2)  Work Made for Hire Authorship and Foreign Motion Pictures................................................................... 105 
10(A)(3)  Joint Authorship ............................................................................................................................................................ 106 
10(A)(3)(a)
  Identifying the Authors of a Joint Work ............................................................................................................... 106 
10(A)(3)(b)
  Clarifying Joint Authorship ....................................................................................................................................... 106 
10(B)  Executive Producer ...................................................................................................................................................... 107 
10(C)  Author and Authorship Variances .......................................................................................................................... 107 
10(D)  Redacted Screenplay for a Motion Picture in Production ............................................................................. 108 
10(E)  Claims in Script with No Spoken Parts in the Motion Picture ..................................................................... 108 
10(F)  Underlying Works Contained in Motion Picture Soundtracks .................................................................... 108 
10(F)(1)  Scripts Contained in a Motion Picture Soundtrack .......................................................................................... 108 
10(F)(2)  Musical Compositions Contained in a Motion Picture Soundtrack ........................................................... 109 

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808.10(F)(3)  Separately Owned Sounds Contained in a Motion Picture Soundtrack ................................................... 109 
808.10(G)  Issues Regarding Sound Recording Claims ......................................................................................................... 109 
808.10(G)(1)  Sounds Contained in One Format ........................................................................................................................... 109 
808.10(G)(2)  Sounds Contained in Two Different Formats ..................................................................................................... 110 
808.10)(G)(2)(a)
  Sounds Published on the Same Date ..................................................................................................................... 110 
808.10(G)(2)(b)
  Remixes ............................................................................................................................................................................ 110 
808.10(G)(2)(c)
  Sounds Published on Different Dates.................................................................................................................... 110 
808.10(G)(2)(d)
  Multimedia Kits ............................................................................................................................................................. 111 
808.10(H)  Motion Pictures of Live Performances ................................................................................................................. 111 
808.10(H)(1)  Fixation of Live Musical Performances ................................................................................................................ 112 
808.10(H)(2)  Fixation of Live Dramatic Performances ............................................................................................................. 112 
808.10(I)  Publication Issues ......................................................................................................................................................... 112 
808.10(I)(1)  Distribution to the Public .......................................................................................................................................... 112 
808.10(I)(2)  Offering to Distribute .................................................................................................................................................. 112 
808.10(I)(3)  Fixed Copies .................................................................................................................................................................... 113 
808.10(I)(4)  Publication of Underlying Works ........................................................................................................................... 113 
808.10(J)  Restored Copyrights in Foreign Motion Pictures ............................................................................................. 113 
808.10(J)(1)  The 1994 Uruguay Round Agreements Act (URAA) and the General Agreement on Tariffs  
and Trade (GATT) ......................................................................................................................................................... 113 
808.10(J)(2)  North American Free Trade Agreement (NAFTA) ........................................................................................... 114 
808.11  Application Tips for Motion Pictures .................................................................................................................... 114 
808.11(A)  Type of Work .................................................................................................................................................................. 114 
808.11(B)  The Work Made for Hire Field / Space ................................................................................................................. 114 
808.11(C)  The Author Created Field and the Nature of Authorship Space ................................................................. 115 
808.11(D)  Unclear Authorship Terms ........................................................................................................................................ 116 
808.11(E)  Unacceptable Authorship Terms ............................................................................................................................ 116 
808.12  Deposit Requirements for Motion Pictures ........................................................................................................ 116 
 

 
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Works of the Performing Arts 
  801  What This Chapter Covers 
This Chapter covers issues related to the examination and registration of works of the 
performing arts, and the legal standards for the copyrightability and registrability of 
such works. Issues pertaining to the copyrightability and registrability of works in 
general are discussed in the following Chapters: 
•  For a general overview of the registration process, see Chapter 200. 
•  For a general discussion of copyrightable subject matter, see Chapter 300. 
•  For a discussion of who may file an application, see Chapter 400. 
•  For guidance in identifying the work that the applicant intends to register, see 
Chapter 500. 
•  For a discussion of examination practices by field/space of a basic application, see 
Chapter 600. 
•  For guidance on the filing fee, see Chapter 1400. 
•  For guidance on submitting the deposit copy(ies), see Chapter 1500. 
  801.1  Performing Arts Division 
The Performing Arts Division (“PA”) of the U.S. Copyright Office handles the examination 
and registration of all works of the performing arts. Each registration specialist in the 
Division has expertise in music, as the examination of music and sound recordings often 
requires such expertise. The Division also has a team of registration specialists who 
specialize in the examination of motion pictures (the “Motion Picture Team”). 
  801.2  What Is a Work of the Performing Arts?  
The Office uses the term “work of the performing arts” to collectively refer to the 
following works of authorship:  
•  Musical Works, including any accompanying words.  
•  Sound Recordings. 
•  Dramatic Works, including any accompanying music. 
•  Choreographic works. 
•  Pantomimes. 

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•  Audiovisual Works. 
•  Motion Pictures. 
See 17 U.S.C. § 102(a). The Copyright Act does not define the term “work of the 
performing arts,” nor does it provide definitions for the majority of the works listed 
above (i.e., musical works, dramatic works, choreographic works, and pantomimes). 
When Congress revised what is now the Copyright Act of 1976, it determined that 
definitions for musical works, dramatic works, choreographic works, and pantomimes 
were unnecessary because these terms “have fairly settled meanings.” H.R. REP. NO. 94-
1476, at 53 (1976), reprinted in 1976 U.S.C.C.A.N. 5659, 5666-67; S. REP. NO. 94-473, at 
52 (1975). As a general matter, a work that was created to be performed before an 
audience, directly or indirectly, is a work of the performing arts. 37 C.F.R. § 
202.3(b)(1)(ii). 
Descriptions of each of these types of works and issues relating to the registration of 
such works are set forth in Sections 802 through 808. 
The Office classifies the following types of works as works of the performing arts, but 
they also may be classified as literary works: 
•  Interviews intended to be performed before an audience (e.g., television interviews, 
radio interviews, onstage interviews, etc.). 
•  Lectures and sermons. 
•  Videogames. 
Screen displays for videogames may be registered as visual art works, as well as works 
of the performing arts. 
For more information on literary works, see Chapter 700. For more information on 
visual art works, see Chapter 900. 
  801.3  Fixation of Works of the Performing Arts 
The Copyright Act states that “[a] work is ‘fixed’ in a tangible medium of expression 
when its embodiment in a copy or phonorecord, by or under the authority of the author, 
is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise 
communicated for a period of more than transitory duration. A work consisting of 
sounds, images, or both, that are transmitted, is ‘fixed’ for the purposes of this title if a 
fixation of the work is being made simultaneously with its transmission.” 17 U.S.C. § 101 
(definition of “fixed”). 
All fixations of works of the performing arts are grouped into two main categories: 
copies and phonorecords, which are defined in Sections 801.3(A) and 801.3(B) below.  
For a more detailed discussion of fixation, see Chapter 300, Section 305. 

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801.3(A) Copies

Copies are defined as “material objects, other than phonorecords, in which a work is

fixed by any method now known or later developed, and from which the work can be

perceived, reproduced, or otherwise communicated, either directly or with the aid of a

machine or device. The term ‘copies’ includes the material object, other than a

phonorecord, in which the work is first fixed.” 17 U.S.C. § 101. Copies include all forms of

embodiment for works of the performing arts, except for “phonorecords,” which are

defined in Section 801.3(B) below.

Copies may be submitted in hard copy or electronic format. Examples of copies include,

but are not limited to books, scripts, musical scores, sheet music, librettos, lyric sheets,

filmstrips, and electronic text and presentation files.

801.3(B) Phonorecords

A “phonorecord” is a material object “in which sounds, other than those accompanying a

motion picture or other audiovisual work, are fixed by any method now known or later

developed, and from which the sounds can be perceived, reproduced, or otherwise

communicated, either directly or with the aid of a machine or device.” The term also

refers to the material object in which sounds are first fixed. 17 U.S.C. § 101.

Phonorecords may be submitted in hard copy or electronic format. Examples of

phonorecords include, but are not limited to .mp3 files, compact discs, LP albums, and

audiotapes.

801.4 Copyrightable Authorship in Works of the Performing Arts

“To qualify for copyright protection, a work must be original to the author,” which

means that the work must be “independently created by the author” and it must

possesses “at least some minimal degree of creativity.” Feist Publications, Inc. v. Rural

Telephone Service Co., 499 U.S. 340, 345 (1991).

The term “independent creation” means that the author created the work without

copying from other works. See id. at 345. The copyright law protects “those components

of a work that are original to the author,” but “originality” does not require “novelty.” Id.

at 348. A work may satisfy the independent creation requirement “even though it

closely resembles other works so long as the similarity is fortuitous, not the result of

copying.” Id. at 345.

In addition, a work of the performing arts must have at least a “modicum of creativity”

to be copyrightable. Id. at 346. This means that the fruits of creative thought originating

from the author must be evident in the work, and the work must not be simply the result

of wholesale copying, discovery, or an uncopyrightable change to a preexisting work.

For more information concerning the originality requirement, see Chapter 300, Section

308. For information concerning the originality requirement for specific types of works

of the performing arts, see the following Sections:

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•  Section 802.5: Musical Works. 
•  Sections 803.5 and 803.6(B): Sound Recordings.  
•  Section 804.6: Dramatic Works. 
•  Section 805.4: Choreographic Works. 
•  Section 806.4: Pantomimes. 
•  Section 807.5: Audiovisual Works.  
•  Section 808.7: Motion Pictures.  
  801.5  Uncopyrightable Material in Works of the Performing Arts 
A work of the performing arts is deemed uncopyrightable if it does not constitute 
copyrightable subject matter, if it is not original to the author, or if it contains 
insufficient or de minimis expression. For general information on uncopyrightable 
works, see Chapter 300, Section 313. Specific information concerning uncopyrightable 
authorship for particular types of works of the performing arts is provided in the 
following Sections: 
•  Section 802.5: Musical Works. 
•  Sections 803.5 and 803.6(B): Sound Recordings.  
•  Section 805.5: Choreographic Works. 
•  Section 806.5: Pantomimes. 
•  Section 807.5: Audiovisual Works. 
•  Section 808.7: Motion Pictures. 
  801.6  Joint Authorship in Works of the Performing Arts 
Joint works are works “prepared by two or more authors with the intention that their 
contributions be merged into inseparable or interdependent parts of a unitary whole.” 
17 U.S.C. § 101.  
Works of the performing arts often have more than one author, and in many cases, the 
authors are joint authors. It is important to name each author in the application and 
clearly identify the authorship each author contributed to the work. 
The Office may communicate with the applicant to confirm whether the work is a joint 
work if it appears that authors of the separate elements of the work did not intend to 
join the works into inseparable or interdependent parts of a unitary whole. 

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If the multiple authors of a work created their contributions with the intention of

merging them into a unitary, interdependent whole at the time of creation, their

contributions should be registered together as a joint work on the same application. If

the authors did not intend for their separate elements to be merged into an

interdependent whole, the separate copyrightable elements should be registered as

separate works on separate applications. See H.R. REP. NO. 94-1476, at 120 (1976),

reprinted in 1976 U.S.C.C.A.N. at 5736 (stating that the “touchstone” of the definition of a

joint work “is the intention, at the time the writing is done, that the parts be absorbed or

combined into an integrated unit…”); S. REP. NO. 94-473, at 103 (1975). If the parts of the

unitary work are inseparable, each joint author must be listed in the application unless

the work is a work made for hire.

Examples:

• Jay Munroe, Justin Edison, and Ava Applebaum wrote a musical

drama together, entitled Life on Mars. Jay wrote the book (script),

and Justin and Ava wrote the songs, with Justin writing the lyrics

and Ava the music. Jay, Justin, and Ava are joint authors of the

musical and all three of them should be named in the application.

• Jay Munroe writes the script for a new musical based on music

previously recorded by the recording artist, Shawn 2K. He obtains

the appropriate licenses from Shawn 2K to use the music in the

musical. Jay and Shawn 2K are not joint authors. The script and the

music should be registered separately.

For more information on joint works, see Chapter 500, Section 505.

801.7 Works Made for Hire

A work made for hire is (i) “a work prepared by an employee within the scope of his or

her employment” or (ii) “a work specially ordered or commissioned for use as a

contribution to a collective work, as a part of a motion picture or other audiovisual

work, as a translation, as a supplementary work, as a compilation, as an instructional

text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree

in a written instrument signed by them that the work shall be considered a work made

for hire.” 17 U.S.C. § 101.

For more information on works made for hire, see Chapter 500, Section 506.

801.8 Derivative Works

A derivative work is “a work based upon one or more preexisting works, such as a

translation, musical arrangement, dramatization, fictionalization, motion picture

version, sound recording, art reproduction, abridgment, condensation, or any other

form in which a work may be recast, transformed, or adapted. A work consisting of

editorial revisions, annotations, elaborations, or other modifications, which, as a whole,

represent an original work of authorship, is a ‘derivative work.’” 17 U.S.C. § 101.

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Examples: 
•  A motion picture based on a preexisting play. 
•  A new arrangement of a musical work. 
Copyright protection provides exclusive rights to the author and/or owner of the 
copyrighted work. One of those exclusive rights is the right to create derivative works. 
See 17 U.S.C. § 106(2). Generally, if the author of the derivative work is not the copyright 
owner of the preexisting work, and the preexisting work is still under copyright 
protection, the author of the derivative work may not use the preexisting copyrighted 
work as the basis for a new work, unless a copyright exception applies. See, e.g., 17 U.S.C. 
§ 115 (providing a compulsory license for the creation of a new sound recording of a 
preexisting nondramatic musical work). 
Example: 
•  A director may not register the stage directions for a play unless he 
or she has obtained permission to use the dramatic work. 
For more information on derivative works, see Chapter 500, Section 507. 
  801.9  Compilations 
Compilations are works “formed by the collection and assembling of preexisting 
materials or of data that are selected, coordinated, or arranged in such a way that the 
resulting work as a whole constitutes an original work of authorship.” 17 U.S.C. § 101.  
For more information on compilations, see Chapter 500, Section 508. 
  801.10  Collective Works 
A collective work is a “work in which a number of contributions, constituting separate and 
independent works in themselves, are assembled into a collective whole.” 17 U.S.C. § 101. 
For more information on collective works, see Chapter 500, Section 509. 
  801.11  Completing the Application for Works of the Performing Arts  
The Copyright Office may register a claim to copyright in a work of the performing arts 
only if the material deposited constitutes copyrightable subject matter and if the other 
legal and formal requirements of Title 17 have been met. 17 U.S.C. § 410(a). 
Detailed information on how to complete an application is set forth in Chapter 600. 
Additional tips on how to complete applications for particular types of works of the 
performing arts are provided in the following Sections: 
•  Section 802.9: Musical Works. 
•  Section 803.9: Sound Recordings.  

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•  Section 804.9: Dramatic Works. 
•  Section 805.9: Choreographic Works. 
•  Section 806.7: Pantomimes. 
•  Section 807.8: Audiovisual Works. 
•  Section 808.11: Motion Pictures. 
  801.12  Deposit Requirements for Works of the Performing Arts 
For information concerning the deposit requirements for works of the performing arts, 
see Chapter 1500, Section 1509.2. 
  802  Musical Works  
  802.1   What Is a Musical Work?  
For purposes of copyright registration, musical works (which are also known as musical 
compositions) are original works of authorship consisting of music and any 
accompanying words. Music is a succession of pitches or rhythms, or both, usually in 
some definite pattern. 
  802.2  Musical Works Distinguished from Other Types of Works  
  802.2(A)  Nondramatic Musical Works Distinguished from Dramatic Musical Works 
A dramatic musical work is a musical work created for use in a motion picture or a 
dramatic work, including musical plays and operas. These types of works are discussed 
in Section 804.  
By contrast, a nondramatic musical work is a musical work that was not created for use 
in a motion picture or a dramatic work, such as a ballad intended for distribution solely 
on an album or an advertising jingle intended solely for performance on the radio.  
  802.2(B)  Musical Works Distinguished from Sound Recordings  
A musical work and a sound recording of that musical composition are separate works. 
The copyright in a musical work covers the music (and lyrics, if any) embodied in the 
musical composition itself, but does not cover a particular recording of that composition 
(or vice versa).  
For more information on this issue, see Sections 802.8(A) and 803.8(A).  
  802.3  Elements of Musical Works  
The Office’s registration specialists examine musical works for copyrightable 
authorship. The main elements of copyrightable musical work authorship include 

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melody, rhythm, harmony, and lyrics, if any. These terms are defined in Sections 
802.3(A) through 802.3(D). 
  802.3(A)  Melody  
Melody is a linear succession of pitches. 
  802.3(B)  Rhythm  
Rhythm is the linear succession of durational sounds and silences. 
  802.3(C)  Harmony  
Harmony is the vertical and horizontal combination of pitches resulting in chords and 
chord progressions. 
  802.3(D)  Song Lyrics  
Lyrics are a set of words, sometimes grouped into verses and/or choruses, that are 
intended to be accompanied by music. Lyrics may consist of conventional words or non-
syntactical words or syllables, and may be spoken or sung. 
  802.4  Fixation of Musical Works  
To be copyrightable, musical works must be fixed in a tangible medium of expression. 
17 U.S.C. § 102(a). Musical works may be embodied either in copies or phonorecords, as 
explained in Sections 802.4(A) through 802.4(C). 17 U.S.C. § 101 (definition of “fixed”). 
Improvised works are not registrable unless they are fixed in tangible form, such as in a 
transcribed copy, a phonorecord, or an audiovisual recording. A registration for an 
improvised musical work will extend only to the material that has been submitted to the 
Office. 
  802.4(A)  Copies  
Musical works fixed in copies include their embodiment in both hard copy and 
electronic formats. Standard musical notation, using the five-line, four-space staff, is the 
form of notation often employed to embody musical works. Precision equal to that 
offered by standard notation is not required for registration, although the deposit 
should constitute as precise a representation of the work as possible. A graphic 
representation or textual description of pitch, rhythm, or both may suffice as long as the 
notation is sufficiently precise. 
Copies of musical works include the following: 
•  Hard copy formats, including but not limited to sheet music and lead sheets.  
•  Non-audio digital files, including text files (e.g., .pdf or Microsoft Word) or files 
created by music notation software embodied in compact discs, flash drives, hard 
drives, and other digital file storage devices. 

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•  Music accompanying a motion picture or other audiovisual work (as fixed in the 
audiovisual work). 
•  A non-audio digital file (e.g., digital notation) that is uploaded to the Office’s server 
in support of an online application.  
For the deposit requirements for musical works published in copies, see Chapter 1500, 
Sections 1509.2(A)(2)(b) and 1509.2(A)(2)(c). For unpublished musical works, see 
Chapter 1500, Section 1509.2(A)(1). 
  802.4(B)  Phonorecords  
Phonorecords of musical works include the following: 
•  Hard copy formats embodying recorded sound, including but not limited to compact 
discs, vinyl records, and tapes. 
•  Digital audio files embodying recorded sound, including .wav, .mp3, .wma (uploaded 
or embodied in compact discs, flash drives, and other digital file storage devices). A 
digital audio file that is uploaded to the Office’s server in support of an electronic 
registration application is a phonorecord for registration purposes.  
For the deposit requirements for musical works published in phonorecords, see Chapter 
1500, Sections 1509.2(A)(2)(a) and 1509.2(A)(2)(c). For unpublished musical works, 
see Chapter 1500, Section 1509.2(A)(1). 
  802.4(C)  Motion Pictures  
Where music is first published in a motion picture soundtrack, the motion picture is 
considered a copy of the musical work.  
For the deposit requirements for musical works published in motion pictures, see 
Chapter 1500, Section 1509.2(A)(2)(d). For unpublished musical works, see Chapter 
1500, Section 1509.2(A)(1). 
  802.5  Copyrightable Authorship in Musical Works  
  802.5(A)  Independent Creation  
A musical work must originate from the author of that work to be protected by 
copyright. A musical work that is merely copied from another source is not 
copyrightable. For instance, a musical work consisting entirely of common property 
material would not constitute original authorship. Some examples of common property 
musical material include: 
•  Diatonic or chromatic scales. 
•  Arpeggios. 

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•  Chord symbols based on standard chord progressions.  
See 37 C.F.R. § 202.1(d); see also Chapter 300, Section 313.4(D). 
  802.5(B)  Creative Expression  
To be copyrightable, a musical work must contain a sufficient amount of creative 
musical expression. Generally, the musical and lyrical elements of the work are 
considered separately in determining whether there is sufficient creative expression. 
There is no predetermined number of notes, measures, or words that automatically 
constitutes de minimis authorship or automatically qualifies a work for copyright 
registration. However, short musical phrases are not copyrightable because they lack a 
sufficient amount of authorship (just as words and short textual phrases are not 
copyrightable). See 37 C.F.R. § 202.1(a); see also Chapter 300, Section 313.4(C). For 
example, the phrase, “I love you so much it hurts” is both too short and too lacking in 
creative spark to be registrable. Similarly, a short phrase of only a few musical notes, 
such as clock chimes or “mi do re sol, sol, re mi do” would be considered too short and 
too lacking in creative expression to be registrable.  
  802.5(C)  Human Authorship  
To be copyrightable, musical works, like all works of authorship, must be of human 
origin. A musical work created by solely by an animal would not be registrable, such as a 
bird song or whale song. Likewise, music generated entirely by a mechanical or an 
automated process is not copyrightable. For example, the automated transposition of a 
musical work from one key to another is not registrable. Nor could a musical 
composition created solely by a computer algorithm be registered. 
For more information on works created by non-human authors and mechanical 
processes, see Chapter 300, Section 306.   
  802.6  Derivative Musical Works  
A derivative musical work is one that is based on one or more preexisting, copyrightable 
work(s) of any nature. The new music authorship may be registered if it represents 
sufficient new original authorship. The applicant should identify any preexisting work 
or works that the derivative work is based on or incorporates, and should provide a 
brief general statement identifying the additional material covered by the copyright 
claim being registered. Descriptions of new material might include:  
•  New or revised lyrics. 
•  New or revised arrangements.  
Issues related to derivative musical work authorship are set forth in Sections 802.6(A) 
through 802.6(J) below. For general information on derivative works, see Section 801.8 
and Chapter 500, Section 507. 

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  802.6(A)  Permission to Use Preexisting Material  
Musical works that unlawfully employ a work that is protected by copyright are not 
subject to copyright protection if they are inseparably intertwined with the preexisting 
work. 17 U.S.C. § 103(a); see also H.R. REP. NO. 94-1476, at 57-58 (1976), reprinted in 
1976 U.S.C.C.A.N. at 5670-5671; S. REP. NO. 94-473, at 54-55 (1975). 
The U.S. Copyright Office generally does not investigate the copyright status of 
preexisting material or determine whether it has been used lawfully, but if the 
preexisting material is known to the specialist he or she may communicate with the 
applicant. The applicant may clarify the lawful use of preexisting material by including a 
statement to that effect in the Note to Copyright Office field of the online application or 
in a cover letter submitted with the paper application. 
Where the authorship of the derivative work is clearly separable from that of the 
preexisting work, such as when a songwriter sets a copyrighted poem to new music, the 
specialist generally will not communicate with the applicant to determine whether the 
use was lawful. Where the authorship of the derivative work is not separable from the 
preexisting work, such as a new printed arrangement of a copyrighted song, the 
specialist may ask whether the derivative author’s arrangement lawfully incorporates 
the preexisting work. Where a work employs preexisting copyrighted material that is 
separable from the new material, the new work generally is registrable, even if the use 
of the preexisting material was unauthorized. 
For more information concerning this issue, see Chapter 300, Section 313.6(B). 
  802.6(B)  Permission to Use Under a Section 115 Compulsory License 
Section 115 of the Copyright Act establishes a “compulsory license” permitting any 
person to make and distribute phonorecords of a nondramatic musical work without 
obtaining permission from the copyright owner of that work, if certain conditions are 
met. See 17 U.S.C. § 115(a)(1)-(2). In particular, the musical work must have been 
“distributed in the United States under the authority of the copyright owner.” A party 
using the compulsory license may also make a musical arrangement of the underlying 
musical work “to the extent necessary to conform it to the style or manner of 
interpretation of the performance involved, but the arrangement shall not change the 
basic melody or fundamental character of the work.” Id. § 115(a)(2). Section 115(a)(2) 
also states that the arrangement “shall not be subject to protection as a derivative work” 
under the Copyright Act without “the express consent of the copyright owner.” Id. This 
means that the arrangement cannot be registered with the U.S. Copyright Office unless 
the licensee obtains express consent from the owner of the musical work. This is the 
case even if the arrangement made pursuant to the compulsory license contains enough 
original authorship to qualify as a derivative work. 
If it seems unlikely that the licensee obtained permission to claim copyright in the new 
arrangement of the preexisting musical work, the registration specialist may 
communicate with the applicant or may refuse registration. 
 

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802.6(C) Musical Arrangements

When sufficient new harmonies or instrumentation are added to a preexisting musical

work, the musical arrangement may be registered as a derivative work.

802.6(C)(1) Harmonization

Harmonization is the addition of chords or musical lines to a melody. To be

copyrightable, the addition of chords to a melody must constitute sufficient new and

original authorship, not simply standard chords in common sequences such as C, F, G, C.

The harmonization of a melody using multiple musical lines involves additional

compositional creative factors, such as voicing and counterpoint.

Example:

• An applicant submits an application to register words and a musical

arrangement of a preexisting melody. The work is comprised solely

of the chord symbols C (major), Am (minor), Dm (minor), and G

(major) along with original words. The arrangement is not

registrable because this chord sequence is both standard and too

short to be sufficiently creative. The accompanying words, however,

may be registered if they are sufficiently creative.

802.6(C)(2) Instrumentation

Musical instrumentation or orchestration is the distribution or redistribution of

harmonic elements among different instruments. Instrumentation authorship may be

registered as a derivative work if the author added sufficient original authorship to the

preexisting work. Simply assigning entire lines from a preexisting work to new

instruments would not be considered sufficient new authorship, such as a four-part

choral work assigned without change to four brass instruments.

Examples of sufficient original authorship:

• An orchestration of a work originally composed for piano, such as

Debussy’s “Reverie.”

• A marching band arrangement of Beethoven’s String Quartet in G

Major, Opus 18, No. 2.

• A hip hop arrangement of a famous pop ballad.

802.6(D) Adaptations

A musical adaptation may be registered as a derivative work if the author contributed a

sufficient amount of original authorship to the preexisting musical work. An adaptation

may involve a reworking of the melody, rhythm, harmony, and/or lyrics in a preexisting

musical work that changes the style or genre of that work. It also may include a lyrical

adaptation of the text of a preexisting work, such as an adapted poem or adapted

Biblical text.

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Examples:

• A hip hop musical based on a Bizet opera.

• A song based on a Shakespearean sonnet.

802.6(E) Variations

Variations usually consist of a theme followed by a number of changed or transformed

versions of that theme. A registration for this type of work covers the new music that

the author added to the work.

802.6(F) Setting

Setting usually means the act of putting a preexisting poem or text to new music. A

registration for this type of work covers the new music that the author added to the

work.

A musical setting of Biblical or other preexisting text may be registered if the music

represents sufficient original authorship. In the Material Excluded field the applicant

should identify the preexisting text, and in the New Material Included field the applicant

should check the box for “music.” If there has been sufficient adaptation of the

preexisting words, and if the preexisting text is in the public domain or has been used

with permission, the claim also may include “some adapted lyrics.”

802.6(G) Musical Works Containing Samples or Interpolation

Sampling is the incorporation of a fragment or snippet from a preexisting recorded song

into a new song. Sometimes the sampled portion is looped, modified, or repeated

continuously. The Office may register such works based on the original new music or

lyrics that the author added to the work, but not based on the use of the sample.

Moreover, use of more than a de minimis amount of recognizable sample may be

questioned for lawful inclusion.

802.6(H) Revised or Additional Music / Lyrics

The addition of music or lyrics, such as a new bridge or verse, may be registered if the

additions represent sufficient original authorship. Small changes, however, such as

substituting “he” for “she” in each incidence in a song would not be considered sufficient

authorship to support a new claim.

802.6(I) Editorial Authorship

Musical editing generally consists of adding markings for the performance of a musical

composition, such as additional or altered fingering, accents, dynamics, and the like.

Editing also may consist of textual notes on performance practice or historical

background for a musical composition. To assert a claim to copyright in this type of

authorship, the applicant may use the term “musical editing” in the Other field of the

online application or space 2 of the paper application.

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A work consisting of editorial revisions, annotations, elaborations, or other 
modifications which as a whole represent an original work of authorship, is a derivative 
work. These types of works may be registered only if the underlying authorship has 
been used lawfully. When asserting a claim to copyright in these types of works, the 
applicant may use the term “musical editing” or may provide a more specific description 
of the new material that the author contributed to the work. 
  802.6(J)  Method Books  
Instructional books for learning to play an instrument are sometimes known as method 
books. Method books typically contain common property elements such as scales, 
arpeggios, chord charts, and musical examples taken from preexisting sources. They 
also may contain original elements, such as instructional text, new music, and original 
musical exercises. If a method book contains sufficient copyrightable text and/or new 
music, the application will be accepted on that basis. 
A method book that contains only previously published material or chords, scales, 
exercises, and other information that is common property may be registered as a 
compilation (i.e., based on the selection, coordination, and/or arrangement of the 
preexisting material, as defined under 17 U.S.C. § 101) if it contains at least a minimal 
amount of compilation authorship. If the compilation authorship is de minimis, the claim 
cannot be registered. For example, a compilation of all the diatonic major and minor 
scales would not constitute sufficient creative compilation authorship, because the 
selection and arrangement is dictated by the Western musical scale system. 
For a general discussion of compilations, see Chapter 500, Section 508. 
  802.7  Collective Musical Works 
A collective musical work is a work that contains “a number of contributions” that 
constitute “separate and independent works in themselves” that have been “assembled 
into a collective whole” “in such a way that the resulting work as a whole constitutes an 
original work of authorship.” 17 U.S.C. § 101 (definitions of “collective work” and 
“compilation”). Examples of collective musical works include the following types of 
works: 
•  A quarterly journal of contemporary art songs. 
•  A hymnal comprised of several single contributions from various 
hymn composers. 
•  A folio of selected Rodgers and Hammerstein songs. 
Collective musical works potentially contain two types of copyrightable authorship: (i) 
the compilation authorship involved in selecting, coordinating, and/or arranging a 
number of separate and independent musical works and assembling them into the 
collective whole; and (ii) the authorship involved in creating the music and/or lyrics for 
the individual musical works. 

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A collective work may be registered together with the individual musical works 
contained therein, provided that the collective work and the individual works are 
owned by the same party, and provided that the individual works have not been 
previously published or previously registered. In no case may the claimant register a 
musical work that is in the public domain. If the owner of the individual musical works 
does not own the copyright in the collective work as a whole, then each musical work 
must be registered separately as an individual contribution to a collective work. 
For general information on collective works, see Chapter 500, Section 509. 
  802.8  Registration Issues 
This Section discusses frequent registration issues that arise in connection with musical 
works. 
  802.8(A)  A Registration for a Musical Work Distinguished from a Registration for a 
Sound Recording  
As discussed in Section 802.2(B), a musical work and a sound recording of that work are 
separate works. For example, the song “America the Beautiful” and a recording of 
Whitney Houston singing “America the Beautiful” are two distinct works. The song itself 
(i.e., the music and lyrics) is a “musical work.” An audio recording of that song 
performed by a particular artist is a “sound recording.” 
A registration for a musical work covers the music and lyrics (if any) embodied in that 
composition, but it does not cover a particular recording of that composition. Likewise, a 
registration for a recording of a particular musical work covers the performance and 
production authorship involved in creating that recording, but does not cover the music 
or lyrics embodied in the underlying composition. 
To register a musical work, the applicant generally should select “work of the 
performing arts” in the Type of Work field when completing the online application and 
should use Form PA when completing a paper application. By contrast, if the applicant 
intends to register a sound recording, the applicant must select “sound recording” when 
completing the online application and must use Form SR when completing a paper 
application.  
A musical work and a sound recording of that work may be registered with one 
application and one filing fee if the composition and the recording are embodied in the 
same phonorecord and if the claimant owns the copyright in both works. See 37 C.F.R. § 
202.3(b)(1)(iv). If the copyright in the musical work and the sound recording are owned 
by different parties, a separate application and filing fee must be submitted for each 
work. 
It also may be possible to register multiple musical works together with a sound 
recording of each work if the compositions and the recordings are owned by the same 
claimant and if they were packaged or physically bundled together as a single unit and 
first published on the same date. This is known as the unit of publication option. For 
information concerning this option, see Chapter 1100, Section 1103. 

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N O T E: To register a musical work together with a sound recording of that work, the

applicant must select “Sound Recording” when completing the online application or

must use Form SR when completing a paper application.

Examples:

• Louise and Stan co-created a song and co-produced a recording of

their composition. Louise wrote the music for the song and sang the

vocals on the recording. Stan wrote the lyrics and played guitar on

the recording. Louise and Stan co-own the copyright in both the

song and the sound recording; therefore, both works may be

registered with the same application. The applicant should complete

an SR application and should name Louise and Stan as the co-

claimants for the music, lyrics, and sound recording.

• Renuka wrote the music and lyrics for a song, and she owns the

sound recording of this song, and they co-own the copyright in that

recording. Because the ownership of the song and the sound

recording are different, they must be registered with separate

applications. The applicant should complete a PA application

naming Renuka as the author/claimant of the musical composition,

and an SR application naming Renuka and Gopal as the co-authors

and co-claimants of the sound recording.

802.8(B) Identifying the Author

The author of a musical work (including any lyrics) is the creator of the music (and/or

lyrics), not the person who merely transcribes the work. Transcribing or fixing a musical

work in and of itself does not constitute authorship. Creating a recording of a musical

work is not a form of musical work authorship in and of itself, although it may be a form

of sound recording authorship if it contains sufficient creativity to constitute a

copyrightable sound recording.

802.8(C) Joint Authorship

If a musical work is a “joint work,” the applicant should name all the joint authors on the

application. If there is a discrepancy between the individuals identified as authors on

the application and the individuals identified as authors on the deposit copy(ies), the

registration specialist will communicate with an applicant, unless this information is

clarified elsewhere in the registration materials.

Historically, songs with different composers of music and lyrics have been registered as

joint works. Where separate applications are received for the lyrics and the music of a

song, the registration specialist may communicate with the applicant to inquire whether

the authors intended to merge their contributions into a unitary whole. If the work is a

work of joint authorship rather than a derivative work, the applicant(s) should submit

one application listing both authors.

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Examples:

• An applicant identifies Bob Jordan as the author of the lyrics of a

song. The song contains lyrics and music and the compact disc

names Bob Jordan as the author of lyrics and Sam Sanders as the

author of music. The specialist may inquire whether the applicant

considers the song to be a joint work. If the song is a joint work, the

applicant should name Bob as the author of lyrics and Sam as the

author of music.

• An applicant names Bill Bland as the author of lyrics and Terry

Taylor as the author of music, and states, “Bill owns the lyrics and

Terry owns the music.” The specialist will provide information

about joint works, and if the lyrics and music are separately owned,

will ask that they be registered on separate applications with

separate deposits.

For more information on joint works, see Section 801.6 and Chapter 500, Section 505.

802.8(D) Name Individual Authors (Not Performing Groups) as the

Author of a Musical Work

Generally, the applicant should name the individual authors of a musical work, and

should not name a performing group as an organizational author, unless the group is a

legal entity that created the musical work as a work made for hire. Naming the

individuals as the authors rather than the performing group creates a clearer public

record, because membership in the performing group may change over time.

The applicant should provide the legal name(s) of all the individual(s) who created the

musical work in the Author field or space (unless the work is pseudonymous,

anonymous, or a work made for hire). However, the applicant should include only the

names of the songwriters (i.e., the author(s) of the music and, if applicable, the lyrics).

The applicant should not list all of the names of the band members unless all of the

members contributed to the authorship of the musical work. The band members’

contribution to the recorded performance (i.e., the sound recording) may well be a

separate claim that includes different authors from the claim in the musical work. If the

authors of the musical work are different from the authors of the sound recording,

separate applications should be filed for each work.

For instance, if a band is comprised of Bingo, Mick, Paul, and Keith, but Keith wrote all

the lyrics and Bingo wrote all the music, the authors for the musical work should be

limited to Keith and Bingo. The applicant for the sound recording may list all of the

performers who contributed to the sound recording as well as any producer who

contributed copyrightable production.

Where the authors are members of a performing group and the applicant wishes to

include the name of the performing group in the record, the applicant may provide that

information in the Note to Copyright Office field of the online application. When

completing a paper application, the applicant should list each author in the Author space

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and may include the statement “member of [performing group X].” In both cases, the 
registration specialist will add the name of the performing group to the record as an 
index term. 
If the musical work is pseudonymous (meaning that the individual who created the 
work is identified on the deposit under a fictitious name), the applicant may give the 
pseudonym instead of providing the author’s legal name and may indicate that the work 
is pseudonymous.  
For registration purposes, the name of a performing group generally would not be 
considered a pseudonym, because pseudonyms apply only to individuals. If an applicant 
names a performing group as the author and indicates that the musical work is 
pseudonymous, the registration specialist generally will communicate with the 
applicant to request that the legal names of the individual authors who created the work 
be added to the application. 
If the applicant names a performing group as the author and indicates that the work is a 
work made for hire, the specialist will communicate with the applicant unless it is clear 
that the performing group is a legal entity and that the work was created by the 
employees of that entity or was a specially commissioned work under the statutory 
definition of a work made for hire. If the performing group is a legal entity and if the 
musical work was created by the employees of that entity or was a specially 
commissioned work under the statutory definition of work made for hire, then the 
performing group should be named as the author and the work made for hire question 
should be answered “yes.” 
Example: 
•  The performing group Tangent Image consists of three individuals: 
Richard Washington, Gary Watts, and Joel Wilson. All three are 
authors and owners of the song being registered. The application 
should name the three individuals as authors and claimants. If 
desired, the applicant may indicate that the individuals are known 
as Tangent Image by providing that information in the Note to 
Copyright Office field (online application) or in space 2 (paper 
application). 
  802.8(E)  Work Made for Hire Authorship  
A musical work may be considered a work made for hire if the work was (i) prepared by 
an employee within the scope of his or her employment, or (ii) was specially ordered for 
a particular use with an express written agreement signed by both parties that the work 
is a work made for hire. See 17 U.S.C. § 101 (identifying particular uses for which a 
specially ordered or commissioned work may be considered a work made for hire). 
If the application states that a musical work was a work made for hire, the registration 
specialist may communicate with the applicant to determine whether the musical work 
truly falls within the statutory definition. Since musical works are not one of the 
categories listed under part two of the work made for hire definition set forth in § 101 of 

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the Copyright Act, a musical work must fall under part one of the definition or one of the 
particular uses identified under part two of the statutory definition to be considered a 
work made for hire.  
Examples: 
•  The applicant names Joe Smith as author of lyrics and music, 
answers “yes” to the “work made for hire” question, and states that 
Joe wrote the lyrics and paid a friend to write the music. The 
registration specialist may communicate with the applicant and 
provide information on works made for hire, because it appears 
unlikely (i) that Joe’s friend was employed by Joe and created the 
music within the scope of his employment, (ii) that the music was 
specially commissioned in a signed, written agreement, or (iii) that 
the music falls within one of the nine categories that may be 
specially ordered or commissioned as a work made for hire.  
•  The applicant submits an album containing dozens of short, 
copyrightable musical selections that are intended to be licensed as 
television cues. The applicant names TV Production Music, LLC as 
the author of the music, states that the work is made for hire, and 
states that the company owns the copyright in both the music and 
the album as a whole. It is possible that the company’s employees 
compose television production music. In the alternative, it is 
possible that the music was specially ordered or commissioned for 
use as part of a motion picture or as a contribution to a collective 
work. The registration specialist will register the claim with an 
annotation, such as: “Basis for registration: Collective work.” 
For a full discussion of work made for hire authorship, see Chapter 500, Section 506. 
  802.8(F)  Publication Issues 
A public performance or display of a work does not, in and of itself, constitute 
publication. 17 U.S.C. § 101 (definition of “publication”). If an applicant gives a 
publication date, but states that the publication date refers to a performance of the 
musical work, the registration specialist will communicate with the applicant. Id.  
Under the current copyright law, the public distribution of phonorecords on or after 
January 1, 1978 publishes the musical works recorded therein. By contrast, musical 
works distributed only in the form of phonorecords (e.g., records, tapes, or discs) prior 
to January 1, 1978, cannot be registered as published works under the 1909 Act or the 
1976 Act. See 17 U.S.C. § 303(b). Thus, if a musical work was released only in 
phonorecords prior to January 1, 1978 and if the phonorecords were still available as of 
that date, the date of first publication for registration purposes would be January 1, 
1978. If the phonorecords were no longer available as of January 1, 1978, but the 
musical work was subsequently rereleased in any format, the rerelease date would be 
considered the date of first publication. If the phonorecords were no longer available as 

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of January 1, 1978, and the musical work was not subsequently rereleased, the work 
may be registered as an unpublished work. 
For more information on publication, see Chapter 1900. 
  802.8(G)  [Reserved] 
  802.8(H)  [Reserved] 
  802.9  Application Tips for Musical Works 
This Section provides basic information on how to complete the online and paper 
applications for a musical work, as well as terms to use and terms to avoid when 
describing the authorship in such works.  
For detailed information on how to complete an application, see Chapter 600. 
  802.9(A)  Type of Work 
A copyright claim in music or lyrics may be registered with the U.S. Copyright Office in 
the same manner as other works of the performing arts. When submitting an online 
application, the applicant should select “Work of the Performing Arts” as the Type of 
Work. (When submitting a paper application, the applicant should use Form PA.) 
N O T E:  When registering a musical work together with a sound recording of that work, 
the applicant must select “Sound Recording” as the Type of Work when completing the 
online application. (When completing a paper application, the applicant must use Form 
SR.) If an applicant attempts to register a sound recording as a “Work of the Performing 
Arts” (or with Form PA), the registration specialist will change the Type of Work to 
“Sound Recording” (or change the application from a Form PA to a Form SR) without 
communicating with the applicant. 
For more information on sound recording authorship, see Section 803.  
  802.9(B)  Title of Work 
The applicant should give the title of the work being registered. When registering a 
musical work with the online application, the applicant should follow these guidelines: 
•  Registering a single song contained on an album: Give the individual song title as the 
“Title of work being registered” and give the album title as the “Title of larger work.” 
•  Registering an entire album: Give the album title as the “Title of work being 
registered” and enter each song title separately as a “Contents title” if the claimant is 
the author of or owns all rights in each of the songs.  
•  Registering the music contained in a motion picture: Give the song title(s) as the 
“Title(s) of work being registered” and give the motion picture title as the “Title of 
larger work.” 

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For additional guidance in completing this portion of the application, see Chapter 600, 
Section 610. 
  802.9(C)  Year of Completion  
The applicant must give the year of completion date for the work submitted. If the 
applicant intends to register a derivative work, the applicant must give the year that the 
derivative version was completed (not the year the original work was completed). 
For additional guidance in completing this portion of the application, see Chapter 600, 
Section 611. 
  802.9(D)  The Author Created Field and the Nature of Authorship Space 
When completing an online application, the applicant should identify the copyrightable 
authorship that the applicant intends to register on the Authors screen in the field 
marked Author Created. When completing a paper application, the applicant should 
provide this information on space 2 of the application under the heading Nature of 
Authorship.  
In all cases, the applicant should clearly and accurately describe the authorship that 
each author contributed and should only refer to the material submitted in the deposit 
copy(ies). When completing an online application, the applicant may use one or more of 
the following terms:  
•  Music 
•  Lyrics  
•  Text 
•  Musical Arrangement 
Other acceptable terms may be provided in the Author Created/Other field, such as 
“melody” (for a single line) or “song” (for lyrics and music). 
These terms also may be used when completing the Nature of Authorship space on 
Form PA.  
For additional guidance in completing this portion of the application, see Chapter 600, 
Section 618. 
  802.9(E)  Unclear Authorship Terms 
When completing the Author Created field or the Nature of Authorship space, the 
applicant should avoid ambiguous or unclear terms, such as referring to the physical 
object in which the musical work has been fixed (e.g., CD, mp3, tape, etc.). Additional 
unclear terms are discussed in Sections 802.9(E)(1) through 802.9(E)(6) below and in 
Chapter 600, Section 618.8(A). 

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 802.9(E)(1)  Instrument Names / Vocals 
Giving an instrument name (e.g., guitar, trumpet, or keyboard) as a description of 
authorship is unclear, because the instrument could refer either to the music, the 
performance, or both. To refer to the musical contribution, the applicant should use 
clear terms, such as music, melody, or arrangement after the instrument named (e.g., 
“music for guitar,” “trumpet melody,” or “keyboard arrangement”). 
Similarly, the term “vocals” is unclear, because it could refer to either lyrics or 
performance. To refer to the lyrics, the applicant should state “lyrics.” To refer to the 
melody to which the lyrics are sung, the applicant should state “melody.” 
For guidance in asserting a claim in the performance contribution, see Sections 803.9(C) 
and 803.9(D)(1). 
 802.9(E)(2)  Production / Produced 
Using the term “production” to describe musical authorship is unclear, because it could 
refer either to the musical authorship, the sound recording authorship, or both. To refer 
to the musical work, the applicant should use the terms “music” and/or “musical 
arrangement.”  
 802.9(E)(3)  Rap  
When an applicant describes the author’s contributions to a work as “rap,” that term 
generally is interpreted to mean that the author(s) contributed lyrics, unless 
information in the registration materials suggests that the applicant intended to register 
a claim in sound recording authorship. To clearly describe the musical authorship in a 
rap, the applicant should use terms such as “lyrics” and/or “music.”  
For guidance in registering rap authorship as a sound recording, see Section 
803.9(D)(3). 
 802.9(E)(4)  Beats 
A beat is an instrumental or drum track often created in a studio as a background for a 
song or rap. When this term is used it may be unclear whether the applicant is referring 
to the music or the sound recording, or both, or whether the beat is based in whole or in 
part on preexisting music, or is completely original. When the beat was created entirely 
by the author, the applicant should describe the authorship as “music” or “musical beat.” 
Where a preexisting beat is used, the applicant generally should exclude this material 
from the claim. 
N O T E:  Some companies offer so-called “royalty-free” beats for download or purchase. 
Often, the beat is sold to a large number of people and there is no written agreement 
between the purchaser and the company offering the beats. Thus, even if the company 
states that the purchaser is the copyright owner of the beat, the purchaser may be 
merely a nonexclusive licensee of the work rather than an owner. As such, the applicants 
should exclude the beat from the claim. 

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802.9(E)(5) Loops

A loop is a short musical section that is repeated continuously as a part of a song. The

repeated musical section of a loop may be preexisting or original. By itself, a loop may

not represent sufficient authorship to support a claim in music. If the loop is original and

sufficiently creative, the applicant may describe this authorship as “music” or “musical

loop.”

802.9(E)(6) Transcription

The term “transcription” is unclear, because it could refer to the act of notating or

writing down music that someone else created. In this situation, the transcriber’s

contribution is not registrable.

Transcription may also refer to arranging a work for a different group of instruments.

To describe this type of contribution, the applicant should use the terms “musical

arrangement” or “orchestration.”

802.9(E)(7) Sound Effects

The term “sound effects” should not be used to describe the authorship in a musical

work, because this term is unclear. Instead, the applicant should describe the authorship

as “music.” If it appears that the applicant is asserting a claim in uncopyrightable

material or unclaimable material, the registration specialist will communicate with the

applicant.

802.9(F) The Material Excluded / New Material Included Fields and the Preexisting

Material / Material Added to This Work Spaces

If the work being registered is a derivative work or a compilation of preexisting works,

the use of the underlying works must be lawful and the preexisting material must be

identified and excluded from the claim. When completing an online application, the

applicant should provide this information in the Material Excluded and New Material

Included fields. When completing a paper application, the applicant should provide this

information in the Preexisting Material and Material Added to This Work space. For

information on how to complete these portions of the application, see Chapter 600,

Section 621.8.

In all cases, the applicant should provide a brief description of the new material that is

being submitted for registration and the applicant should use an acceptable term to

describe the author’s contributions to that material (e.g., music, lyrics, musical

arrangement).

Example:

• Amy Addams creates new lyrics for a previously published song.

The applicant should identify the previously published song in the

Material Excluded field and should describe the “new lyrics” in the

Author Created and New Material Included fields.

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When describing new material that the author added to a derivative work or 
compilation, the applicant should avoid using ambiguous or unclear terms, such as 
providing the name of a musical instrument or referring to the physical object in which 
the work has been fixed. 
As a general rule, the U.S. Copyright Office will accept statements that identify the 
material excluded from the claim and the new material included in the claim, unless 
they are contradicted by information provided elsewhere in the registration materials 
or unless the terms used to describe the authorship are otherwise unclear. For examples 
of unacceptable and unclear authorship terms, see Chapter 600, Section 618.8(A).  
  802.10  Deposit Requirements for Musical Works  
To register a musical work with the U.S. Copyright Office, the applicant should deposit a 
copy or phonorecord of the work that is sufficient to identify the applicant’s claim to 
copyright in the music and/or lyrics and to allow the Office to examine the work for 
copyrightable authorship. 
For information on the deposit requirements for musical works published on or after 
January 1, 1978, see Chapter 1500, Section 1509.2(A). For information on deposit 
requirements for musical works published before January 1, 1978, see Chapter 2100, 
Section 2116.5(A).  
  803  Sound Recordings  
  803.1  What Is a Sound Recording?  
Sound recordings are “works that result from the fixation of a series of musical, spoken, 
or other sounds, but not including sounds accompanying a motion picture or other 
audiovisual work, regardless of the nature of the material objects, such as disks, tapes or 
other phonorecords, in which they are embodied.” 17 U.S.C. § 101.  
A series of musical, spoken, or other sounds requires a temporal succession of sounds 
rather than a single sound expressed horizontally or simultaneous sounds expressed 
vertically, such as in a chord. 
  803.2  Sound Recordings Distinguished from Other Types of Works 
  803.2(A)  Sound Recordings Distinguished from Musical Works 
A sound recording and the music, lyrics, words, or other underlying content embodied 
in that recording are separate works. The copyright in a sound recording covers the 
recording itself, but does not cover the music, lyrics, words, or other underlying content 
embodied in that recording (or vice versa). 
For more information on this issue, see Sections 802.8(A) and 803.8(A).  

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  803.2(B)  Sound Recordings Distinguished from the Sounds Accompanying  
a Motion Picture 
There is a legal distinction between a sound recording and the soundtrack for a motion 
picture or other audiovisual work. The statutory definition for a sound recording 
specifically states that this category does not include the “sounds accompanying a 
motion picture or other audiovisual work.” 17 U.S.C. § 101. Thus, when an applicant 
intends to register the sounds in a motion picture or other audiovisual work, the 
applicant must state “sounds,” “soundtrack,” or “sounds accompanying a motion 
picture/audiovisual work,” rather than “sound recording.” 
For further information on this issue, see Sections 803.8(F)(1), 807.2(B), and 808.2(B). 
  803.3  Elements of Sound Recordings 
There are two types of sound recording authorship:  
•  Authorship in the performance(s); and  
•  Authorship in the production of the sound recording. 
Both the performer and the producer of a sound recording of a musical performance or 
spoken word performance may contribute copyrightable authorship to the sound 
recording. Generally, the performance and production are considered a single, 
integrated work. In some cases, however, the main or sole contribution may be 
production authorship (as in a recording of bird songs, where there is no human 
performance) or the main contribution may be performance authorship (as in a 
recorded performance where the only production involved is to push the “record” 
button). 
  803.3(A)  Performance Authorship  
Examples of performance authorship include playing an instrument, singing, speaking, 
or creating other sounds that are captured and fixed in the sound recording. Individual 
performance authorship may be claimed only if the sound recording is comprised solely 
of an individual performance that is sufficiently creative. If a performance is part of an 
integrated work (e.g., a band performance), the Office will not accept a claim in an 
individual performer’s contribution to that work. 
  803.3(B)  Production Authorship  
Examples of production authorship in a sound recording include (i) capturing and 
manipulating the sounds that are embodied in the sound recording, and (ii) compiling 
and editing those sounds to make the final recording. 
  803.4  Fixation of Sound Recordings  
A sound recording is “fixed” in a tangible medium of expression when its embodiment in 
a phonorecord, “by or under the authority of the author, is sufficiently permanent or 

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stable to permit it to be perceived, reproduced, or otherwise communicated for a period

of more than transitory duration.” 17 U.S.C. § 101 (definition of “fixed”).

803.4(A) Unauthorized Fixation

To be “fixed,” a live performance must be recorded by or under the authority of the

performer. See 17 U.S.C. § 101. If a live performance is recorded without the performer’s

permission, the U.S. Copyright Office cannot register that recording.

803.4(B) Types of Phonorecords

A sound recording may be submitted to the U.S. Copyright Office in an electronic format

by uploading the work to the Office’s electronic registration system. Electronic formats

include but are not limited to digital audio files (e.g., .wav, .mp3, .wma).

A digital audio file that is uploaded to the Office’s server in support of an online

application is a phonorecord for registration purposes. For more information on digital

deposits, see Chapter 1500, Sections 1507.2 and 1508.1.

A sound recording also may be submitted to the U.S. Copyright Office in a hard copy

format, either by mail, by courier, or in person. Hard copy formats include but are not

limited to:

• Compact discs

• Vinyl records

• Tape formats

• Flash drives

803.4(C) Insufficiently Fixed Formats

Certain formats do not sufficiently fix a specific series of sounds. In such cases, the Office

will not register a claim in sound recording. For example, standard midi files capture the

underlying musical score, but they do not capture a specific series of sounds. While they

contain instructions for producing sounds, any instrumentation may be applied,

resulting in a file that contains different sounds each time it is played. For this reason,

the Office does not consider standard midi files to be phonorecords and will not register

a copyright claim in a sound recording contained in a standard midi file (although it may

accept the claim as a musical work).

803.5 Copyrightable Authorship in Sound Recordings

803.5(A) Independent Creation

To be copyrightable, a sound recording must originate from the author of that work,

either through performance or production. A sound recording that is merely reproduced

from another source is not copyrightable.

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  803.5(B)  Creative Expression 
To be registrable, a sound recording must contain a sufficient amount of creative, 
perceptible sound recording authorship fixed as a series of musical, spoken, or other 
sounds.  
Elements that determine the sufficiency and creativity of a sound recording include the 
simultaneous or sequential number of sounds, the length of the recording, and the 
creativity perceptibly expressed in creating, fixing, and manipulating the sounds. 
Short sound recordings may lack a sufficient amount of authorship to be copyrightable 
(just as words and short textual phrases are not copyrightable). See 37 C.F.R. § 202.1(a); 
see also Chapter 300, Section 313.4(C).  
  803.5(C)  Human Authorship 
To be registrable, a sound recording must result from human authorship through 
performance and/or production. A sound recording will not be registered where there is 
no human authorship, such as a recording that results from a purely mechanical or 
automated process. The registration of a sound recording that involves no human 
performance, such as a recording of nature sounds, is only possible if there is sufficient 
human production authorship present.  
For more information on mechanical processes see Chapter 300, Section 306. 
  803.5(D)  Pre-1972 Sound Recordings 
Sound recordings were not protected under U.S. federal law until February 15, 1972, 
and the protection provided in 1972 was not retroactive. As such, sound recordings by 
U.S. authors that were first fixed prior to February 15, 1972 are not subject to federal 
copyright protection in the United States. 17 U.S.C. § 301(c). 
Registration under the General Agreement on Tariffs and Trade (“GATT”) may be 
possible for foreign sound recordings fixed prior to February 15, 1972. For more 
information on GATT registration, see Chapter 2000, Section 2007. 
N O T E:  Sound recordings fixed before February 15, 1972 may be protected under state 
common law or statutes. The 1976 Copyright Act provides that any rights or remedies 
under the common law or statutes of any State shall not be annulled or limited by 
federal copyright law until February 15, 2067. 17 U.S.C. § 301(c). The Orrin G. Hatch – 
Bob Goodlatte Music Modernization Act (“MMA”) also provides owners of pre-1972 
sound recordings with certain protections and remedies for copyright infringement if 
their recordings are used without authorization. To exercise these remedies, owners 
typically must file schedules with the U.S. Copyright Office listing their sound recordings 
and specifying the name of the rights owner, title, and featured artist for each recording. 
17 U.S.C. § 1401(f)(5)(A). Additional information concerning the MMA and instructions 
on how to file a schedule is available on the Office’s website. 

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  803.6  Derivative Sound Recordings  
A derivative sound recording is a sound recording that is based on preexisting sounds 
that have been “rearranged, remixed, or otherwise altered in sequence or quality.” 17 
U.S.C. § 114(b). Preexisting sounds may include sounds that have been previously 
published, previously registered, sounds in the public domain, sounds fixed before 
February 15, 1972, or sounds that are owned by another party.  
The applicant should identify any preexisting work or works that the derivative 
recording is based on or incorporates, and should provide a brief general description of 
the additional material covered by the copyright claim being registered. For guidance on 
these procedures, see Chapter 600, Section 621. 
IM PO R TA N T   N O T E :  A sound recording usually embodies a preexisting musical 
composition, literary work, or dramatic work, and in that sense it is a derivative work 
of the underlying musical / literary / dramatic work which has been performed and 
recorded. For registration purposes, the Office does not require the musical / literary / 
dramatic work to be excluded from a claim in sound recording authorship, because the 
preexisting work is presumed to be excluded unless it is expressly claimed in the 
application.  
  803.6(A)  Permission to Use Preexisting Material 
Protection for a work employing preexisting material in which copyright subsists does 
not extend to any part of the work in which such material has been used unlawfully. 17 
U.S.C. § 103(a). Sound recordings that unlawfully employ preexisting sounds under 
copyright protection are not subject to copyright protection if they are inseparably 
intertwined with the preexisting sounds. Id.; see also H.R. REP. NO. 94-1476, at 57-58 
(1976), reprinted in 1976 U.S.C.C.A.N. at 5670-71; S. REP. NO. 94-473, at 54-55 (1975). 
The U.S. Copyright Office generally does not investigate the copyright status of 
preexisting material or investigate whether it has been used lawfully. However, the 
registration specialist may communicate with the applicant to determine whether 
permission to use was obtained where a recognizable preexisting work has been 
incorporated in a sound recording. The applicant may clarify the lawful use of 
preexisting material by including a statement to that effect in the Note to Copyright 
Office field of the online application or in a cover letter submitted with the paper 
application. 
For a general discussion of this issue, see Chapter 300, Section 313.6(B).  
  803.6(B)  Copyrightable Authorship in Derivative Sound Recordings   
To be registrable, a derivative sound recording must contain a sufficient amount of new, 
creative sound recording authorship. Where the changes made to the preexisting sound 
recording are the result of a purely mechanical process rather than creative human 
authorship, or where only a few slight variations or minor additions have been made, 
registration will be refused. See Section 803.5(B) and 803.5(C). 

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Although sound-alike recordings do not infringe preexisting sound recordings, a sound-
alike recording is not copyrightable unless it contains new, original and sufficiently 
creative authorship to support a new registration. 17 U.S.C. § 114(b). A virtually 
identical sound-alike recording will be refused registration. 
Common types of derivative sound recordings and the registration issues associated 
with such works are discussed in Sections 803.6(B)(1) through 803.6(B)(6). 
803.6(B)(1)  Additional Sounds 
Additional sounds that have been added to a preexisting sound recording may be 
registered if there is a sufficient amount of creative and original sound recording 
authorship in the new sounds. 
803.6(B)(2)  Remix 
A remix is a recombination and manipulation of audio tracks or channels from a 
preexisting sound recording to produce a new or modified sound recording. Remixing 
from multi-track sources generally is a sufficient basis for a copyright claim in a 
derivative sound recording. Likewise, if a producer and/or engineer is able to 
manipulate a number of variables and make creative judgments or decisions in 
determining the outcome of the new recording, there is usually a sufficient basis for a 
copyright claim. However, the registration specialist will communicate with the 
applicant to clarify a claim in a remix from monaural or stereophonic sources, because 
in such cases it is unlikely that there was sufficient derivative authorship. In all cases, 
the remixing of preexisting sound recordings must be lawful to be copyrightable (i.e., 
authorized or permissible by law). 17 U.S.C. § 103(a).  
For a discussion of “mashups,” see Section 803.6(B)(5). 
803.6(B)(3)  Editorial Authorship  
The Office may register a claim in copyrightable editorial authorship where an original 
sound recording is recast, transformed, or adapted with editorial revisions or 
abridgments of the recorded material such that there is sufficient authorship to 
constitute a derivative work. 
803.6(B)(4)  Sound Recordings Containing Samples  
Sampling is the incorporation of a fragment or snippet from a preexisting track into a 
new track. The Office may register a claim based on new copyrightable sound recording 
that has been added to the work, but not based on the use of the sample. 
803.6(B)(5)  Mashups 
For sound recordings, a mashup is a track formed by combining elements from two or 
more preexisting (often disparate) works. A simple example would be laying a vocal 
track from one work on top of the instrumental track from another. Usually, the 
preexisting materials are edited and remixed in order to create a seamless, integrated 
work. Copyrightable editing / remixing authorship that has been added may support a 

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derivative authorship claim. Mashups that unlawfully employ preexisting sound 
recordings are not subject to copyright protection. 17 U.S.C. § 103(a). 
Where it appears that no new material has been added, there may not be a basis for a 
claim in a derivative work. For example, in some cases, third party software may be used 
to generate the mashup through an automated process. This type of contribution does 
not constitute original, human authorship. 
803.6(B)(6)  Mixtapes 
The term “mixtape” may refer to a compilation of preexisting tracks, often based on a 
particular theme, or may refer to an album containing remixes of preexisting tracks. 
Copyrightable remix or compilation authorship may support a derivative authorship 
claim. Mixtapes that unlawfully employ preexisting sound recordings are not subject to 
copyright protection. 17 U.S.C. § 103(a). 
  803.7  Compilations of Preexisting Sound Recordings  
  803.7(A)  Registrable Compilations  
A compilation of sound recordings is a work consisting of preexisting sound recordings 
that are selected, coordinated, and/or arranged in such a way that the resulting work as 
a whole constitutes an original work of authorship. A compilation of sound recordings 
may be copyrightable if there is sufficient creativity in the selection, coordination 
and/or arrangement of the preexisting recordings.  
Examples: 
•  The Chimpanzees, Greatest Hits (compilation of fifteen tracks from 
multiple albums). 
•  Best of 20
th
 Century Jazz (compilation of thirty-three tracks from 
multiple albums). 
•  Dance Hits of 2012 (selection and arrangement of twenty-five tracks 
from multiple sources). 
  803.7(B)  Unregistrable Compilations  
A re-issue containing previously released or registered sound recordings cannot be 
registered as a compilation unless the author contributed a sufficient amount of original 
authorship in selecting or arranging the preexisting sound recordings. For instance, 
taking all the works by a particular artist and arranging them in chronological order 
would not be registrable, because there is no creativity in selecting all the artist’s works 
and putting them in date order.  

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Examples:

• Two previously released albums are combined onto a single CD and

rereleased; the tracks are not reordered. The registration specialist

will refuse registration because the author merely combined two

preexisting albums, which does not represent enough original

authorship to support a claim in a compilation of sound recordings.

• Kalorama Records released a box set of all of the singles that the

label released in a particular calendar year, presented in

chronological order. The registration specialist will refuse

registration because the order of the singles was predetermined by

the order of the calendar year.

803.8 Registration Issues

This Section discusses frequent registration issues that arise in connection with sound

recordings.

803.8(A) A Registration for a Sound Recording Distinguished from a Registration

for a Musical Work or Literary Work

As discussed in Section 803.2, a sound recording and the music, lyrics, words, or other

underlying content embodied in that recording are separate works. For example, the

song “Amazing Grace” and a recording of Aretha Franklin singing “Amazing Grace” are

two distinct works. The song itself (i.e., the music and lyrics) is a “musical work.” A

recording of that song performed by a particular artist is a “sound recording.”

A registration for a sound recording covers the performance and production authorship

involved in creating that recording, but does not cover the music, lyrics, words, or other

underlying content embodied in that recording. Likewise, a registration for a musical

work covers the music and lyrics embodied in that composition, and a registration for a

dramatic work or a literary work covers the text and music embodied in that work, but

it does not cover a particular recording of those works.

To register a sound recording, the applicant must select “Sound Recording” when

completing the online application and must use Form SR when completing a paper

application. By contrast, when registering a musical work, a dramatic work, or a literary

work, the applicant should select “Work of the Performing Arts” or “Literary Work”

when completing the online application or should use Form PA or Form TX when

completing a paper application.

An applicant may use one application to register a sound recording together with a

musical work, a dramatic work, or a literary work if the recording and the music, lyrics,

words, or other underlying content are embodied in the same phonorecord and if the

claimant owns the copyright in both works. See 37 C.F.R. § 202.3(b)(1)(iv). If the

parties, a separate application and filing fee must be submitted for each work.

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It also may be possible to register multiple sound recordings together with the music,

lyrics, words, or other underlying content embodied in each recording if the recordings

and the underlying content is owned by the same claimant and if they were packaged or

physically bundled together as a single unit and first published on the same date. This is

known as the unit of publication option. For information concerning this option, see

Section Chapter 1100, Section 1103.

N O T E: To register a sound recording together with the underlying content embodied in

that recording, the applicant must select “Sound Recording” when completing the online

application or must use Form SR when completing a paper application.

Examples:

• Bob and Mary co-created a song and co-produced a recording of

their composition. Bob wrote the lyrics for the song and sang the

vocals on the recording. Mary wrote the music and played

keyboards on the recording. Bob and Mary co-own the copyright in

both the song and the sound recording; therefore, both works may

be registered with the same application. The applicant should

complete an SR application and should name Bob and Mary as the

co-claimants for the music, lyrics, and sound recording.

• Sam wrote the music and lyrics for a song, and he owns the

recording of this song, and they co-own the copyright in that

recording. Because the ownership of the song and the sound

recording are different, they must be registered with separate

applications. The applicant should complete a PA application

naming Sam as the author/claimant of the musical composition, and

an SR application naming Sam and Bill as the co-authors and co-

claimants of the sound recording.

803.8(B) Joint Authorship

Sound recordings are often created by multiple performers and/or producers as joint

authors. For example, a recording of a song might be jointly authored by the members of

a band, or a singer and producer might be joint authors of the recording, depending on

the authors’ intent.

Generally, where there are multiple authors of a sound recording, the sound recording is

a joint work and the applicant should name all the authors of that work. In such cases,

the authors’ contributions are not subject to separate registrations. There may be

instances, however, where different tracks of a sound recording were created as

independent works, such as when a preexisting beat track is sampled in a song. In such

cases, the beat track and the sound recording of the song should be registered

separately — one as a derivative of the other.

For further discussion of joint works, see Chapter 500, Section 505.

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  803.8(C)  Name Individual Authors (Not Performing Groups) as the   
Author of a Sound Recording  
Generally, the applicant should provide the name(s) of the individual(s) who created the 
sound recording, and should not name the performing group as an organizational 
author, unless the group is a legal entity and the sound recording is a work made for 
hire. Naming the individuals as the authors of the sound recording rather than the 
performing group creates a clearer public record, because membership in the 
performing group may change over time. 
The applicant should provide the legal names of the individual(s) who created the sound 
recording in the Author field or space (unless the work is pseudonymous, anonymous, 
or a work made for hire). 
Where the authors are members of a performing group and the applicant wishes to 
include the name of the performing group in the record, the applicant may provide that 
information in the Note to Copyright Office field in the online application. When 
completing a paper application, the applicant should list each author in the Author space 
and may include the statement, “member of [performing group X].” In both cases, the 
registration specialist will add the name of the performing group to the record as an 
index term. 
If the sound recording is pseudonymous (meaning that the individual who created the 
sound recording is identified on the phonorecord under a fictitious name), the applicant 
may give the pseudonym instead of providing the author’s legal name and may indicate 
that the work is pseudonymous.  
For registration purposes, the name of a performing group generally would not be 
considered a pseudonym, because pseudonyms apply only to individuals. If an applicant 
names a performing group as the author and indicates that the sound recording is 
pseudonymous, the registration specialist generally will communicate with the 
applicant to request that the legal names of the individual authors who created the 
sound recording be added to the application. 
If the applicant names a performing group as the author and indicates that the sound 
recording is a work made for hire, the specialist will communicate with the applicant 
unless it is clear that the performing group is a legal entity and the sound recording was 
created by the employees of that entity or was a specially commissioned work under the 
statutory definition of a work made for hire. If the performing group is a legal entity and 
the sound recording was created by the employees of that entity or was a specially 
commissioned work under the statutory definition of work made for hire, then the 
performing group should be named as author and the work made for hire question 
should be answered “yes.” 
  803.8(D)  Work Made for Hire Authorship 
For a sound recording to be made for hire, it must fall within the statutory definition. See 
17 U.S.C. § 101 (definition of “work made for hire”). If the applicant states that a sound 
recording was a work made for hire and if it appears that the work does not fall within 
the statutory definition, the registration specialist may communicate with the applicant. 

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For a detailed discussion of works made for hire, see Chapter 500, Section 506.  
  803.8(E)  Executive Producer 
An executive producer of a sound recording generally is involved only in the financial or 
administrative aspect of production. This type of contribution does not constitute 
copyrightable sound recording authorship. When an executive producer does contribute 
copyrightable sound recording authorship, the applicant should describe that author’s 
contribution using the term “sound recording,” rather than “executive producer.” 
  803.8(F)  Publication Issues 
For sound recordings, publication is the distribution of phonorecords of a work to the 
public by sale or other transfer of ownership or by rental, lease, or lending. Offering to 
distribute phonorecords to a group of persons for purposes of further distribution or 
public performance constitutes publication. A public performance of a sound recording 
does not, in and of itself, constitute publication. 17 U.S.C. § 101 (definition of 
“publication”). 
 803.8(F)(1)  Sounds Published on Both a Soundtrack Album and in a Motion Picture  
Where the same sounds are published on both a soundtrack album and as part of a 
motion picture, the registration requirements vary depending on whether the 
soundtrack album or the motion picture was published first. The statutory definition of 
sound recording specifically excludes the sounds accompanying a motion picture. 17 
U.S.C. § 101. Thus, if the sounds were first published on a soundtrack album, they are 
considered a sound recording and cannot be registered as a motion picture. If the 
sounds were first published in a motion picture, they are considered the sounds 
accompanying a motion picture and cannot be registered as a sound recording.  
If the soundtrack album was published before the motion picture, the applicant may 
register the sound recording without excluding any material that may be subsequently 
published in the motion picture. If the applicant subsequently submits an application for 
the motion picture, the portions of the sound recording that appeared on the soundtrack 
album should be excluded from the claim.  
If the motion picture was published before the soundtrack album, the applicant may 
register the motion picture together with the sounds contained therein, provided that 
the copyright in the motion picture and the sounds are owned by the same claimant. The 
applicant may submit a separate application for the soundtrack album, provided that the 
album contains sounds or other copyrightable authorship that did not appear in the 
motion picture. In this situation, the sounds that appeared in the motion picture should 
be excluded from the claim. If the soundtrack album merely reprocessed sounds from 
the motion picture without change there would be no basis for registering the 
soundtrack album.  
 803.8(F)(2)  Combination CD / DVD 
It is not possible to register the same series of sounds both as a sound recording and as 
sounds accompanying a motion picture. If an applicant submits a package containing a 

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published CD and DVD, and attempts to register the same sounds both as a sound 
recording and as sounds accompanying a motion picture (such as a live concert and a 
concert video published together on the same date), the claim may include either the 
sound recording or the sounds accompanying the motion picture, but not both. For 
additional information concerning this issue, see Section 803.8(F)(1). 
 803.8(F)(3)  Album Containing a Previously Published Track 
Where a single track is published as a single and then is subsequently published on an 
album, the single must be registered separately from the album because the dates of 
first publication differ. When completing the application for the single track the 
applicant should give the earlier date of publication. When completing the application 
for the remaining tracks on the album the applicant should give the later date of 
publication and should exclude the previously published track from the claim. 
 803.8(F)(4)  Bonus Track Added to a Previously Published Album 
Where a previously published album is rereleased with a bonus track, the album and the 
bonus track must be registered separately because the dates of first publication are 
different. To register the previously published album the applicant should submit the 
album in the appropriate format described in Chapter 1500, Section 1509.2(B) and 
should provide the date of first publication for that work. To register the bonus track the 
applicant should submit the rereleased album in the appropriate format described in 
Chapter 1500, Section 1509.2(B), provide the date of first publication for that album, 
and exclude the previously published recordings from the claim. 
  803.8(G)  [Reserved] 
  803.8(H)  [Reserved] 
  803.9  Application Tips for Sound Recordings 
This Section provides basic information on how to complete the online and paper 
applications for a sound recording, as well as terms to use and terms to avoid when 
describing sound recording authorship.  
For detailed information on how to complete an application, see Chapter 600. 
  803.9(A)  Type of Work 
If the applicant intends to register a sound recording or a sound recording combined 
with the underlying musical work, dramatic work, or literary work embodied in that 
recording, the applicant must select “Sound Recording” when completing the online 
application or must use Form SR when completing a paper application. 37 C.F.R. § 
202.3(b)(2)(iii). 
N O T E:  If the applicant attempts to register a sound recording as a “Work of the 
Performing Arts” or with Form PA (or selects any other Type of Work other than “Sound 
Recording” or uses any paper application other than Form SR), the registration 

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specialist will change the Type of Work to “Sound Recording” or change the application 
to a Form SR without communicating with the applicant.  
  803.9(B)  Title of Work 
The applicant should give the title of the work being registered. When registering the 
following types of sound recordings, the applicant should follow these guidelines: 
•  Registering a single track contained on an album: When completing the online 
application, the applicant should give the individual track title as the “Title of work 
being registered” and give the album title as the “Title of larger work.” When 
completing a paper application, the applicant should state “[Individual track title] as 
contained in [Album title]” in space 1 of Form SR. 
•  Registering an entire album: When completing the online application, the applicant 
should give the album title as the “Title of work being registered” and enter each 
track title separately as a “Contents title.” When completing a paper application, the 
applicant should state “[album title] containing [individual track titles]” in space 1 of 
Form SR. 
For additional guidance in completing this portion of the application, see Chapter 600, 
Section 610. 
  803.9(C)  The Author Created Field and the Nature of Authorship Space 
When completing an online application, the applicant should identify the copyrightable 
authorship that the applicant intends to register on the Authors screen in the field 
marked Author Created. When completing a paper application, the applicant should 
provide this information in the Nature of Authorship space on Form SR.  
In all cases, the applicant should clearly and accurately describe the contribution of each 
author and should only refer to the material that will be submitted in the deposit 
copy(ies).  
When completing an online application, the applicant may use the term “sound 
recording” to describe the performance and/or production authorship that the author 
contributed to the work. If this term does not fully describe the authorship that the 
applicant intends to register, the applicant should provide a more specific description in 
the field marked Other. For example, the applicant may use terms such as “remix” or 
“additional sound recording,” as appropriate, to describe the authorship involved in 
creating a derivative sound recording. 
For additional guidance in completing this portion of the application, see Chapter 600, 
Section 618. 
  803.9(D)  Unclear Authorship Terms 
When completing the Author Created field or the Nature of Authorship space, the 
applicant should avoid ambiguous or unclear terms, such as referring to the physical 
object in which the sound recording has been fixed (e.g., CD, mp3, tape, etc.). Additional 

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unclear terms are discussed in Chapter 600, Section 618.8(A) and in Sections

803.9(D)(1) through 803.9(D)(5) below.

803.9(D)(1) Instrument Names / Vocals

Giving an instrument name (e.g., guitar, trumpet, or keyboard) as a description of

authorship is unclear because the instrument could refer either to the music, the

performance, or both. To refer to the performance contribution, the applicant should

use clear terms, such as “performance” after the instrument name, such as “guitar

performance.” To refer to the musical contribution, the applicant should use clear terms,

such as music, melody, or arrangement after the instrument named (e.g., “music for

cello,” “bassoon melody,” or “sitar arrangement”). To refer to both the musical and

performance contributions, the applicant should use both terms, such as “guitar music

and performance.”

Similarly, the term “vocals” is ambiguous because it could refer to either lyrics,

performance, or both. To refer to the vocal performance, the applicant should describe

the author’s contribution as “vocal performance.” To refer to the lyrics, the applicant

should describe the author’s contribution as “lyrics.” To refer to both lyrics and

performance, the applicant should describe the author’s contribution as “lyrics and

performance.”

When completing the online application, these terms may be provided in the field

marked Other; when completing a paper application these terms may be provided on

space 2 of Form SR.

803.9(D)(2) Narration / Spoken Words

These terms are ambiguous because they could refer to authorship in the text, the

performance, or both. To refer to the vocal performance, the applicant should describe

the author’s contribution as “vocal performance.” To refer to the text, the applicant

should describe the author’s contribution as “text.” To refer to both text and

performance, the applicant should describe the author’s contribution as “text and

performance.” When completing the online application, these terms may be provided in

the field marked Other; when completing a paper application these terms may be

provided on space 2 of Form SR.

803.9(D)(3) Rap

An authorship statement that describes the author’s contribution to a work as “rap

music” is generally interpreted to mean that the author(s) contributed music and lyrics

in a rap style. To refer to the performance, the applicant should state “performance” or

“rap performance.” When completing the online application, these terms may be

provided in the field marked Other; when completing a paper application these terms

may be provided on space 2 of Form SR. For information on registering rap as a musical

work, see Section 802.9(E)(3).

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803.9(D)(4) Beats / Music Track

A beat is an instrumental or drum track often created in a studio as a background for a

recording. The term “beat” or “music track” may refer to the music, the sound recording,

or both. To refer to the sound recording, the applicant should state “sound recording.”

To refer to the music, the applicant should state “music.” To refer to both, the applicant

should state “music and sound recording.” When completing the online application,

these terms may be provided in the field marked Other; when completing a paper

application these terms may be provided on space 2 of Form SR.

The beat or “music track” may be preexisting in whole or in part, or it may be completely

original. Where the beat is completely original, it may be described as a “sound

recording.” Where a preexisting beat or music track has been used, the material

generally should be excluded from the claim. For more information on derivative sound

recording authorship, see Section 803.6.

N O T E: Some companies offer so-called “royalty-free” beats for download or purchase.

Often, the beat is sold to a large number of people and there is no written agreement

between the purchaser and the company offering the beats. Thus, even if the company

states that the purchaser is the copyright owner of the beat, the purchaser may be

merely a nonexclusive licensee of the work rather than an owner. As such, the applicant

should exclude the beat from the claim.

Example:

• Mark writes lyrics and records them over purchased “beats.” The

applicant should name Mark as the author of lyrics and vocal

performance, should identify the preexisting music and sound

recording in the Material Excluded field, and should describe the

lyrics and vocal performance in the Author Created and New

Material Included fields.

803.9(D)(5) Executive Producer

The term “executive producer” usually refers to a person involved in the financing or

administration of a recording. A person or entity that contributes only these types of

services does not contribute copyrightable sound recording authorship and should not

be named as an author. If an executive producer contributed copyrightable sound

recording authorship, the applicant should describe that author’s contribution using the

term “sound recording,” rather than “executive producer.”

803.9(D)(6) Sound Effects

The term “sound effects” should not be used to describe the authorship in a sound

recording, because this term is unclear. If an applicant uses this term in the Author

Created field or the Nature of Authorship space, the registration specialist may register

the claim if he or she determines that the applicant is asserting a claim in sound

recording (depending on the information given in the deposit copy(ies) or elsewhere in

the registration materials). If it appears that the claimant is asserting a claim in

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uncopyrightable material or unclaimable material, the specialist will communicate with 
the applicant.  
  803.9(E)  Claims in Hidden Tracks 
Hidden tracks are tracks that appear on a compact disc or LP that are not listed as a 
track on the album. When submitting a claim for a track not listed on the album, the 
applicant should make the location of the track clear and should provide information on 
accessing the track, either in the Note to Copyright Office field or in a cover letter. 
  803.9(F)  The Material Excluded / New Material Included Field and the Preexisting 
Material / Material Added to This Work Spaces 
If the sound recording is a derivative work or a compilation of preexisting works, the 
use of the underlying works must be lawful and the preexisting material must be 
identified and excluded from the claim. When completing an online application, the 
applicant should provide this information in the Material Excluded field. When 
completing a paper application, the application should provide this information in the 
Preexisting Material space. 
In all cases, the applicant should provide a brief description of the new material that is 
being submitted for registration and the applicant should use an acceptable term to 
describe the author’s contributions to that material (e.g., sound recording, music, lyrics, 
remixing, additional sounds). In the online application the applicant should provide this 
information in the New Material Included field. In the paper application the applicant 
should provide this information in the space marked Material Added to This Work. For 
information on how to complete these portions of the application, see Chapter 600, 
Section 621.8. 
 803.9(F)(1)  Preexisting Liner Notes, Artwork, and Photographs 
The registration specialist will require the applicant to complete the Material Excluded 
field if the authorship statement refers to element(s) other than the sound recording 
(such as the underlying work or artwork on the record jacket) and if it appears that 
those elements have been previously published, previously registered, or are owned by 
a third party. 
For example, when registering an entire album together with the text and photographs 
in the liner notes, and when two of the photographs are previously published, the two 
photographs should be identified in the Material Excluded field and the entire sound 
recording and the text and additional photographs in the liner notes should be identified 
in the New Material Included field. 
 803.9(F)(2)  Samples 
Where a sample has been used that is more than de minimis, the sampled music and/or 
the sampled sound recording should be identified in the Material Excluded field/space 
and the new material should be described in the New Material Included field/space. Any 
amount of preexisting material may be identified in the Material Excluded field for 
clarity. 

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Example: 
•  Safya produces a recording and uses a sample (with permission) 
from a preexisting sound recording as part of her instrumental 
track. The applicant should name Safya as author of the sound 
recording, should identify the preexisting track from which the 
sample is taken in the Material Excluded field, and should state 
“additional sound recording” in the Author Created and New 
Material Included fields. 
 803.9(F)(3)  Unclear Authorship Terms for Derivative Sound Recordings 
The terms “equalization,” “remastering,” “reverberation,” “reprocessing,” and “re-
engineering” may refer to contributions that are mechanical in nature or too minimal to 
be copyrightable, or in some cases may involve sufficient creative authorship. If the 
applicant uses one or more of these terms on the application as the sole basis for the 
claim, the registration specialist will request a more detailed explanation or 
clarification. 
To avoid correspondence and to facilitate examination, an applicant should provide a 
brief statement in the Note to Copyright Office field or the New Material Included/Other 
field that describes the authorship involved in recasting, transforming, or adapting the 
preexisting sound recording(s). 
 803.9(F)(4)  Unacceptable Authorship Terms for Derivative Sound Recordings  
The following terms generally denote de minimis authorship and thus are not acceptable 
descriptions for a claim in new or derivative sound recording authorship: 
•  Declicking 
•  New format 
•  Noise reduction 
•  Reissue 
  803.10  Deposit Requirements for Sound Recordings 
To register a sound recording with the U.S. Copyright Office, the applicant should 
deposit a phonorecord of the work that is sufficient to identify the applicant’s claim to 
copyright in the sound recording and to allow the Office to examine the work for 
copyrightable authorship. 
For information on the deposit requirements for sound recordings, see Chapter 1500, 
Section 1509.2(B). 

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804 Dramatic Works

804.1 What Is a Dramatic Work?

For purposes of copyright registration, a dramatic work is a composition generally in

prose or verse that portrays a story that is intended to be performed for an audience

such as plays, musicals, or operas. Generally, a dramatic work represents the action as it

occurs rather than simply narrating or describing the action. Some dramatic works

include music.

804.2 Dramatic Works Distinguished from Other Types of Works

804.2(A) Dramatic Works Distinguished from Nondramatic Literary Works

For the purposes of copyright registration, dramatic works are distinguished from

nondramatic literary works, such as novels, which are not intended to be performed for

an audience. Other examples of nondramatic literary works include sermons and

lectures, which are intended to be performed for an audience, but do not tell a story.

804.2(B) Dramatic Works Distinguished from Other Works of the Performing Arts

Dramatic works with accompanying music are distinguished from nondramatic musical

works that do not convey a story. Operas and musicals are examples of dramatic works

with accompanying music that tell a story. A symphony is an example of a nondramatic

musical work that does not tell a story.

Although motion pictures, choreographic works, and pantomimes may contain dramatic

elements and may qualify as dramatic works, these types of works are considered

separate categories of copyrightable authorship, and as such they do not have to fall

within the category of dramatic works in order to be registered. For more information

on the statutory categories for works of authorship, see Chapter 300, Section 307.

804.3 Elements of Dramatic Works

Characteristic elements of dramatic works include plot, characters, dialog, and

directions for performance, although each element is not necessarily registrable in and

of itself. Information on these elements is set forth in Sections 804.3(A) through

804.3(F).

804.3(A) Plot

Plot is the storyline, plan, or sequence of events in a dramatic work. As a general rule,

plot is not registrable in and of itself, because it represents only an idea rather than the

expression of an idea. Where a plot is sufficiently detailed and/or the author selects and

arranges an original sequence of events, it may be possible to register the descriptive

text.

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  804.3(B)  Characters  
A character is a person, animal, or even an inanimate object that is used to portray the 
content of a dramatic work. The copyright law does not protect the name or the general 
idea for a character. See, e.g., Klinger v. Conan Doyle Estate, Ltd., 755 F.3d 496, 502-03 
(7th Cir. 2014). However, the Office may issue a registration based on the authorship 
describing, depicting, or embodying a character.  
  804.3(C)  Dialog / Monolog  
Dialog is the conversation between characters in a dramatic work. A monolog is a 
speech by a single character in a dramatic work.  
  804.3(D)  Stage Directions and Directions for Performance  
Stage directions and directions for performance generally refer to the instructions for 
the actors’ movements, gestures, and dramatic action, and/or suggestions for scenery. 
Directions include stage business and blocking, which are defined in Sections 
804.3(D)(1) and 804.3(D)(2).  
804.3(D)(1)  Stage Business 
Stage business refers to activity performed by the actors to illustrate character or create 
dramatic effect, such as rolling up one’s sleeves or tapping a pencil. Stage business may 
be created by the playwright, the director, and/or the actor. Stage business is not 
registrable in and of itself because it represents common body movements which are 
not subject to copyright protection. See Sections 805.5 and 806.5. 
Choreography and pantomime are the only categories of works comprised exclusively of 
certain types of bodily movements that are eligible for copyright protection under 
Section 102(a) of the Copyright Act. For more information on choreographic works and 
pantomimes, see Sections 805 and 806 below. 
804.3(D)(2)  Blocking 
Blocking refers to the positioning and movement of actors onstage or in frame, such as 
“cross to stage left.” Blocking may be created by the playwright and/or the director. 
Blocking is not registrable in and of itself because it represents common movements 
which are not subject to copyright protection. See Sections 805.5 and 806.5. 
  804.3(E)  Music in Dramatic Works 
Dramatic works may include accompanying music, such as musical plays or operas. 
Music in a dramatic work ranges from incidental music to music that advances the story. 
Music also may be used as an adjunct rather than integral part of a dramatic work, such 
as a tape of a preexisting song played in the background of a particular scene. 

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804.3(F) Illustrations or Descriptions of Costumes, Scenery, Sets, Props, or Lighting

Illustrations of costumes, scenery, sets, props, and lighting may be included in a

dramatic work. If the illustrations are copyrightable, they may be registered as visual

arts works. A textual description of such works may also be registered as a literary

work, but the registration does not extend to the costume, prop, set or lighting itself. For

more information on literary works and visual arts works, see Chapters 700 and 900.

For more information on costumes, see Chapter 900, Section 924.3(A)(2).

804.4 Types of Dramatic Works

804.4(A) Stage Plays

A stage play is a story prepared for production in a theater (i.e., to be performed on a

stage for a live audience). The script generally includes instructions for performers and

scenery.

804.4(B) Musical Plays

Musical plays are works that consist of music and dramatic material where the music is

an integral part of the dramatic work, as opposed to incidental music that is merely

intended to accompany the dramatic work. Examples of musical plays include musicals,

operas, and operettas.

804.4(C) Screenplays

A screenplay is a script prepared for production in a motion picture. It generally

includes textual instructions for performers, sets, and camera.

804.4(D) Teleplays

A teleplay is a script prepared for broadcast on television. It generally includes textual

instructions for performers, sets, and camera.

804.4(E) Radio Plays

A radio play is a script prepared for broadcast on radio.

804.4(F) Precursors of Dramatic Works

Precursors of dramatic works generally are written in advance of the dramatic work and

may or may not contain the characteristic authorship elements of dramatic works.

Examples include treatments and synopses. To be copyrightable, these types of works

must contain sufficient original expression.

804.4(F)(1) Synopses

A synopsis is a summary of the major plot points and description of the characters in a

play or other dramatic work, generally consisting of at least a page or two of text. A

registration for a synopsis extends to the text of the synopsis submitted to the U.S.

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the dramatic work. For guidance on registering these types of works, see Section

804.8(B).

804.4(F)(2) Treatments

A treatment is a written description of a dramatic work or television show, which

outlines and describes the scenes and/or characters and often includes sample dialog. A

treatment is generally longer and more detailed than a synopsis. A registration for a

treatment extends to the text of the treatment submitted to the U.S. Copyright Office, but

it does not extend to the idea, subsequent versions of the script, or a completed

television series.

804.5 Fixation of Dramatic Works

To be copyrightable, dramatic works, including improvised works, must be fixed in a

tangible medium of expression. A registration for a dramatic work extends only to the

work that has been submitted to the U.S. Copyright Office. Dramatic works may be

embodied either in copies or phonorecords.

804.5(A) Copies

Copies of dramatic works, including any accompanying music, include the following:

• Hard copy formats, including handwritten or printed scripts, DVDs, and videotapes.

• Electronic formats (e.g., .txt, .pdf, .mov) embodied in compact discs, digital video

discs, flash drives, hard drives, and other digital file storage devices.

N O T E: A non-audio digital file that is uploaded to the Office’s server in support of an

electronic registration application is a copy for registration purposes.

804.5(B) Phonorecords

Phonorecords of dramatic works, including any accompanying music, include the

following:

• Hard copy audio formats, including but not limited to CDs and tapes.

• Electronic audio formats (e.g., wav, mp3, wma) embodied in compact discs, flash

drives, hard drives, and other digital file storage devices.

N O T E: A digital audio file that is uploaded to the Office’s server in support of an

electronic registration application is a phonorecord for registration purposes.

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  804.6  Copyrightable Authorship in Dramatic Works 
  804.6(A)  Independent Creation 
A dramatic work must originate from the author of that work to be protected by 
copyright. A dramatic work that is merely copied from another source is not 
copyrightable. 
  804.6(B)  Creative Expression 
A dramatic work must contain a sufficient amount of creative expression. 
Words and short phrases, such as names, titles, and slogans, are not copyrightable 
because they lack a sufficient amount of authorship. Thus, the title of a dramatic work or 
dialog that consists of only several words or phrases is not registrable. 37 C.F.R. § 
202.1(a); see also Chapter 300, Section 313.4(B) and 313.4(C). 
A mere idea for a dramatic work—such as “boy meets girl, boy falls in love with girl, girl 
falls in love with someone else”—is not copyrightable because mere ideas are common 
property. See Zambito v. Paramount Pictures Corp., 613 F. Supp. 1107, 1112 (E.D.N.Y 
1985) (“That treasure might be hidden in a cave inhabited by snakes, that fire might be 
used to repel the snake, that birds might frighten an intruder in the jungle, and that a 
weary traveler might seek solace in a tavern ... are … simply too general to be 
protectable.”).  
Scènes à faire are defined as elements of a dramatic work, “which necessarily follow from 
a common theme,” such as stock characters, settings, or events that are common to a 
particular subject matter or medium. Reyher v. Children’s Television Workshop, 533 F.2d 
87, 91 (2d Cir. 1976) (emphasis added). These types of elements are too commonplace 
to be copyrightable. For more information concerning scènes à faire, see Chapter 300, 
Section 313.4(J). 
  804.7  Derivative Dramatic Works 
Derivative authorship in dramatic works occurs when copyrightable additions or other 
changes are made to one or more preexisting works, such as: 
•  Revisions, including updating or editing dialog, scenes, and other dramatic elements 
of a preexisting play. 
•  Adapting a novel or motion picture into a play or vice versa. 
•  Translating a play from one language to another. 
In each case, the author of the derivative work must have permission to use the 
preexisting work if the preexisting work is protected by copyright, and there must be 
sufficient new original authorship to register the new work as a derivative work. If it 
appears that the dramatic work is based on a copyrighted work and permission to use 
has not been obtained, the registration specialist will communicate with the applicant. 

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  804.7(A)  Dramatizations or Adaptations 
When a novel, story, or poem is adapted into a drama, the adaptation is considered a 
dramatic work. The U.S. Copyright Office categorizes an adaptation of a dramatic work 
as a dramatic work, because the work remains dramatic in nature, even if the new 
material added is nondramatic.  
To be considered a derivative work, an adaptation must be based on a preexisting work 
that constitutes copyrightable subject matter. The Office does not view plays adapted 
from or based on historical or present day factual events as derivative works because 
facts are not copyrightable. 
Examples: 
•  The applicant names Robert Cahill as the author of an adapted 
screenplay, and names Screenwriters, Inc. as the copyright claimant 
(by written transfer). In the Material Excluded field the applicant 
identifies the preexisting material as the musical play Broadway in 
B. In the New Material Included field the applicant states that 
Robert created an “adapted screenplay.” The application will be 
accepted.  
•  The applicant names Mark Randolph as the author of an 
“adaptation,” identifies The Playground by well-known author 
George Beach as preexisting material, and describes the New 
Material Included as “Adaptation for stage play.” The registration 
specialist may communicate with the applicant, because the 
preexisting work is well-known, the work is protected by copyright, 
and it seems unlikely that Mark obtained permission to create a 
derivative work based upon the preexisting work. 
For guidance in completing an application to register a dramatization or adaptation, see 
Section 804.9(D)(1). 
  804.7(B)  Revisions 
A revised dramatic work results when an author revises or adds new dramatic material 
to a preexisting play. The additions or revisions may be registered as a derivative work 
to the extent that they contain new original authorship.  
For guidance in completing an application to register a revision of a dramatic work, see 
Section 804.9(D)(1). 
  804.7(C)  Translations 
A translation of a play or other dramatic work from one language to another is a type of 
derivative authorship. The U.S. Copyright Office categorizes a translation of a dramatic 
work as a dramatic work, because the work remains dramatic in nature, even if the new 
material is nondramatic.  

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For guidance in completing an application to register a translation of a dramatic work, 
see Section 804.9(D)(2). 
  804.7(D)  Stage Directions  
The Office regularly receives applications that claim copyright in the directions for the 
performance of a dramatic work, separate from the dialog or other elements of that 
dramatic work. In most cases, the applicant is attempting to register directions for 
performance on a stage. 
Generally, stage directions are not independently copyrightable, although they may 
constitute an aspect of the overall dramatic work. Because stage directions are 
completely dependent on a particular dramatic work, a claim in stage directions must be 
authorized by the author of the dramatic work.  
The Office has long held that copyright protection in stage directions is limited to the 
text of the directions themselves. When removed from the context of the dramatic work, 
the directions do not, in and of themselves, constitute dramatic content or give rise to a 
claim in the simple movements that are dictated by that text. 
For guidance in completing an application to register the stage directions for a dramatic 
work, see Section 804.9(D)(3). 
  804.8  Registration Issues 
This Section discusses frequent registration issues that arise in connection with 
dramatic works. 
  804.8(A)  Joint Authorship 
A “joint work” is “a work prepared by two or more authors with the intention that their 
contributions be merged into inseparable or interdependent parts of a unitary whole.” 
17 U.S.C. § 101. 
Scripts for stage and screen are often written by multiple authors. If the authors of the 
script intend to merge their contributions into inseparable or interdependent parts of a 
unitary whole, the script is a joint work, and the applicant should name all the joint 
authors in the application. 
Musical plays containing script, lyrics, and music are frequently written by multiple 
authors. If the authors of the script, lyrics, and music intend to merge their contributions 
into inseparable or interdependent parts of a unitary whole, the musical is a joint work, 
and the applicant should name all the joint authors in the application. 
For examples that illustrate these practices, see Section 801.6. 
804.8(A)(1)  Intent to Merge into a Unified Whole 
Different components of a dramatic work may be registered together as a joint work if 
the authors intended to merge their contributions into a single, unitary whole. By 

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contrast, the elements should be registered separately if there was no intent to merge 
the elements when the authors created them. If there is some indication in the 
registration materials that the authors of the separate elements did not intend to merge 
the elements into a unitary whole (e.g., separate copyright notices), the registration 
specialist may communicate with the applicant to clarify the authors’ intent. 
804.8(A)(2)  Weight of Contribution to the Work as a Whole 
When all of the authors’ contributions (e.g., score, music, lyrics, script, book/libretto) 
have comparable weight and the application names all of the contributors as authors 
(e.g., composer, lyricist, playwright), the registration specialist will not communicate 
with the applicant to clarify the facts of authorship. If there is some indication in the 
registration materials that one or more authors did not contribute copyrightable 
authorship to the work as a whole (e.g., statements on the deposit or application), the 
specialist may communicate with the applicant to clarify the facts of authorship. 
Examples: 
•  Two authors of a musical play submit one application to register a 
musical play as a joint work. Author A wrote the libretto, and 
Author B wrote the lyrics and music. Both authors claim ownership 
in the musical play as a whole. The musical play will be registered as 
a joint work. 
•  Three authors of a hip-hop musical play wish to register their 
copyright claims as a joint work. The work contains a sixty-page 
script and fifteen songs. Author A wrote the script, Author B wrote 
thirteen of the fifteen songs, and Author C wrote two of the fifteen 
songs. The Office may communicate with the applicant to clarify 
whether Author C is, in fact, a joint author and owner of the musical 
play. If not, the songs by Author C must be registered separately. 
  804.8(B)  Synopses 
The Office frequently receives copyright applications to register brief synopses that 
summarize other works of authorship. When preparing an application to register such 
works, the applicant should assert a claim in the synopsis itself, but often applicants 
erroneously describe the work that is summarized in the synopsis (e.g., a television 
show).  
If the synopsis contains sufficient copyrightable textual expression, but the applicant 
erroneously describes the author’s contribution as a “dramatic work” or “script,” the 
registration specialist will add an annotation to the record, such as: “Regarding 
authorship information: Deposit contains synopsis only.” If the synopsis contains 
sufficient textual expression, but the applicant erroneously describes the author’s 
contribution as an idea, concept, or the like, the specialist will communicate with the 
applicant. 
Where the synopsis is very short and/or merely amounts to an idea (e.g., “I have an idea 
for a television show that will feature famous guest stars”), the specialist will refuse 

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registration if the authorship is insufficient to support a claim in a dramatic work or 
literary work. Where the work contains sufficient text to be copyrightable, but it is clear 
that the applicant is seeking to protect the idea, the specialist may add an annotation to 
the record, such as: “Regarding authorship information: Ideas not copyrightable. 17 USC 
102(b).” 
  804.8(C)  Redacted Screenplay for a Motion Picture in Production 
The Office may accept a redacted version of a screenplay for a motion picture (including 
screenplays for feature films, television programs, or other works of a similar nature), if 
the applicant requests special relief from the deposit requirements and confirms that 
the following conditions have been met:  
•  The motion picture must be in production (e.g., filming has commenced). 
•  Infringement must be anticipated. 
•  The applicant must file an online application and upload the redacted screenplay in 
Portable Document Format (PDF) or other electronic format approved by the Office. 
•  The applicant must specify the anticipated date of release for the motion picture. 
For information concerning the procedure for requesting special relief, see Chapter 
1500, Section 1508.8.  
The redacted copy of the work must reveal at least half the work, and the redaction 
must be done in a manner that will allow the Office to compare and authenticate the 
redacted copy with an unredacted copy of the same work. If the work is approved for 
registration, the registration specialist will add an annotation to the record, such as: 
“Regarding deposit: Special relief granted under 37 CFR 202.20(d).” 
In all cases, the applicant must submit a complete unredacted copy of exactly the same 
screenplay within ten business days after the release of the motion picture. The Office 
will compare the redacted and unredacted copies to confirm that they match each other. 
The Office has the authority to cancel the registration for the screenplay if (i) the 
complete unredacted copy of the screenplay is not received in a timely manner, or (ii) 
the redacted and unredacted copies do not match. For information concerning this 
procedure, see Chapter 1800, Section 1807.4(D). 
  804.8(D)  Publication Issues  
If the applicant provides a date of publication in the application, but states that the date 
refers to a performance of the work, the registration specialist will communicate with 
the applicant, because a performance, in and of itself, does not constitute a publication.  
Publication of a motion picture or other audiovisual work publishes all of the 
components of that work. Once a dramatic work has been published as part of a motion 
picture or television show, the dramatic work may not be registered as an unpublished 
work. See Maljack Productions Inc. v. UAV Corp., 964 F. Supp. 1416, 1421 (C.D. Cal. 1997) 

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(finding that publication of the 1963 film McLintock! published all underlying works 
embodied in the film, including screenplays).  
  804.9   Application Tips for Dramatic Works 
This Section provides basic information on how to complete an online or paper 
application for a dramatic work, as well as terms to use and terms to avoid when 
describing the authorship in such works.  
For detailed information on how to complete an application, see Chapter 600. 
  804.9(A)  Type of Work  
When registering a claim in a dramatic work 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. 
  804.9(B)  Joint Authors 
If the dramatic work is a joint work, the applicant should name all of the joint authors 
and describe the contributions of each author, but should name only the authors who 
contributed copyrightable, tangible expression to the work. For instance, if one person 
contributed the story idea and a second person contributed the script, the applicant 
should name only the author of the script. 
Examples: 
•  The work is a screenplay which states “screenplay by Tom Lamb 
and Susan French.” The applicant should name both individuals as 
the authors of this work. 
•  The work is a script which states “story idea by Tina Black, script by 
Eric Wright.” The applicant should name Eric as the author of the 
script, but should not name Tina in the application unless she 
contributed copyrightable expression to the script. 
For additional guidance in completing this portion of the application, see Chapter 600, 
Section 613. 
  804.9(C)  The Author Created Field and the Nature of Authorship Space 
When completing an online application, the applicant should identify the copyrightable 
authorship that the applicant intends to register on the Authors screen. When 
completing a paper application, the applicant should provide this information on space 
2 of the application under the heading Nature of Authorship.  
In all cases, the applicant should clearly and accurately describe the author’s 
contribution to the work. When completing an online application, the applicant may 
select the boxes marked “text,” ”music,” “lyrics,” and/or “musical arrangement” in the 
Author Created field. If the author created the text that appears in the dramatic work, 

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the applicant may describe that text by writing one or more of the following terms in the

field marked Other.

• Play

• Script

• Screenplay

• Musical play

• Adaptation

• Dramatization

• Treatment

• Synopsis

These terms also may be used when completing the Nature of Authorship space on

Form PA.

In all cases, the applicant should use terms that describe the authorship that has been

submitted for registration, rather than the applicant’s future plans for the work. For

example, if the work is a treatment for a future motion picture, the applicant should

state “treatment” not “motion picture.”

When completing this portion of the application, the applicant should avoid using

ambiguous terms or terms that describe uncopyrightable material, such as:

• Idea

• Plot

• Format

• Characters

• Stage directions

For additional guidance in completing this portion of the application, see Chapter 600,

Section 618.

804.9(D) The Material Excluded / New Material Included Fields and the Preexisting

Material / Material Added to This Work Spaces

If the work is a derivative dramatic work or a compilation of dramatic works, and the

underlying works are used with permission, the applicant should identify and exclude

any preexisting work or material from the claim and should provide a brief description

of the new material that the author contributed to the work.

When completing an online application, the applicant should provide this information in

the Material Excluded and New Material Included fields. When completing a paper

application, the application should provide this information in the Preexisting Material

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and Material Added to This Work space. For information on how to complete these 
portions of the application, see Chapter 600, Section 621.8. 
Example: 
•  The work is a screenplay by Steve Morse based on the well-known 
novel The Lemon Tartlette by Rochelle Oiseaux. In the Material 
Excluded field the applicant states “The Lemon Tartlette by Rochelle 
Oiseaux, used by permission,” and in the Author Created and New 
Material Included fields the applicant states “screenplay by Steve 
Morse.” The claim will be registered. 
804.9(D)(1)  Dramatizations, Adaptations, and Revisions 
When preparing an application to register a dramatization, an adaptation, or a revision 
the applicant should exclude the preexisting work from the claim by naming the author 
and title of the preexisting work in the Material Excluded field of the online application 
or in space 6(a) of Form PA. The new material may be described as a “dramatization,” 
“adaptation,” or “revision” in the New Material Included field of the online application or 
in space 6(b) of Form PA. 
As noted in Section 804.7, the registration specialist will communicate with the 
applicant if it appears that the author of the adaptation or dramatization unlawfully 
used a copyrighted work. 
804.9(D)(2)  Translations 
When preparing an application to register a translation of a dramatic work, the 
applicant should exclude the preexisting work from the claim by identifying the author 
and title of the preexisting work in the Material Excluded field of the online application 
or in space 6(a) of Form PA. The new work should be described as a “translation” in the 
New Material Included field of the online application or in space 6(b) of Form PA. 
804.9(D)(3)  Stage Directions 
Where a director submits an application to register a claim to copyright in the text of his 
or her stage directions, the registration specialist will communicate with the applicant 
to determine whether the copyright owner of the play gave the director permission to 
create a derivative work. If the copyright owner of the play did not grant permission, the 
specialist will refuse registration. If the applicant confirms in writing that the copyright 
owner of the play granted permission to use the play as a basis for the derivative work, 
the specialist will register the claim in the text of the stage directions as a derivative 
work of the play, provided that the text is copyrightable. 
To avoid correspondence, the applicant should notify the Office if the author of the stage 
directions obtained permission to use the dramatic work as a basis for the derivative 
work. When completing an online application, this information may be provided in the 
Note to Copyright Office field; when completing a paper application, this information 
may be provided in a cover letter. 

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In addition, the applicant should specifically exclude the dramatic work from the claim 
by providing the title and author of that work in the Material Excluded field of the online 
application or in space 6(a) of the paper application. The derivative authorship should 
be described as “text of stage directions” in the New Material Included field or in space 
6(b). 
Examples: 
•  The applicant names Joe Lego as the author of “text of stage 
directions” and states that the author used the preexisting play 
Carpe Diem by David Abraham “with permission.” The registration 
specialist will register the claim if the text is sufficiently creative. 
•  The applicant names Mary Claire as the author of “text of stage 
directions.” In the Material Excluded field the applicant states 
“script by David Snow” and the script deposited names David Snow 
as author of that work. The registration specialist will communicate 
with the applicant to clarify whether the use of the preexisting 
dramatic work was lawful. 
  804.10  Deposit Requirements for Dramatic Works 
To register a dramatic work with the U.S. Copyright Office, the applicant should deposit 
a copy or phonorecord of the work that is sufficient to identify the applicant’s claim to 
copyright in the dramatic work and to allow the Office to examine the work for 
copyrightable authorship. 
For information concerning the deposit requirements for dramatic works, see 
Chapter 1500, Section 1509.2(C).  
  805  Choreographic Works  
This Section discusses the U.S. Copyright Office’s practices and procedures for the 
examination of unpublished choreographic works and choreographic works first 
published on or after January 1, 1978 (i.e., the date that choreography became a 
category of authorship subject to federal copyright protection). For a discussion of 
choreographic works first published before January 1, 1978, see Chapter 2100, 
Section 2122.3.  
  805.1  What Is a Choreographic Work?  
The Copyright Act recognizes choreography as a distinct category of copyrightable 
authorship. 17 U.S.C. § 102(a)(4). The statute does not define the term “choreographic 
works.” However, the legislative history states that this term has a “fairly settled 
meaning[].” H.R. REP. NO. 94-1476, at 53 (1976), reprinted in 1976 U.S.C.C.A.N. at 5666-
67; S. REP. NO. 94-473, at 52 (1975). 
The word “choreography” is derived from the Greek words “choreia,” meaning “dance,” 
and “graphikos,” meaning “to write.” A dance is the “static and kinetic succession[] of 
bodily movement in certain rhythmic and spatial relationships.” Horgan v. Macmillan, 

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Inc., 789 F.2d 157, 161 (2d Cir. 1986) (quoting COMPENDIUM (SECOND) § 450.01). The 
Office defines choreography as the composition and arrangement of “a related series of 
dance movements and patterns organized into a coherent whole.” Id. (quoting 
COMPENDIUM (SECOND) § 450.03(a)). 
By definition, choreography is a subset of dance. As such, a work of authorship cannot 
be registered as a choreographic work unless it is comprised of dance steps, dance 
movements, and/or dance patterns. However, the term choreography is not 
synonymous with dance. The legislative history for the 1976 Copyright Act clearly states 
that “‘choreographic works’ do not include social dance steps and simple routines.” H.R. 
REP. NO. 94-1476, at 54 (1976), reprinted in 1976 U.S.C.C.A.N. at 5667; S. REP. NO. 94-473, 
at 52 (1975). For a detailed discussion of the distinction between choreography on the 
one hand, and social dances and simple routines on the other, see Sections 805.4 and 
805.5 below. 
  805.2  Elements of Choreographic Works  
Choreographic works 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 dance constitutes choreography.  
  805.2(A)  Rhythmic Movement in a Defined Space  
Choreography is executed through the physical movement of a dancer’s body. 
Specifically, a choreographic work directs the rhythmic movements of one or more 
dancers’ bodies in a defined sequence and a defined spatial environment, such as a 
stage.  
  805.2(B)  Compositional Arrangement  
A choreographic work “represents a related series of dance movements and patterns” 
organized into an integrated, coherent, and expressive compositional whole. Horgan, 
789 F.2d at 161 (quoting COMPENDIUM (SECOND) § 450.03(a)). 
As discussed in Section 805.5(B)(3), non-expressive physical movements, such as 
ordinary motor activities, functional physical activities, competitive maneuvers, and the 
like are not registrable as choreographic works. Likewise, de minimis dance steps and 
movements are not protectable, because they do not contain a sufficient amount of 
choreographic authorship. See Section 805.5(A). 
  805.2(C)  Musical or Textual Accompaniment 
Choreography is usually accompanied by a specific musical composition, although in 
some cases it may be accompanied by the recitation of a literary work, such as a poem, 
or it may be performed in silence. See Horgan, 789 F.2d at 161 (quoting COMPENDIUM 
(SECOND) § 450.01). 
The accompaniment for a choreographic work typically provides an established rhythm 
or theme for the work. In some cases, choreographic works may be intended to 
express—through bodily movement—the themes or emotions conveyed by a specific 

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musical composition or literary work. See U.S. COPYRIGHT OFFICE, COPYRIGHT OFFICE STUDY 
NO. 28, COPYRIGHT IN CHOREOGRAPHIC WORKS, at 93 n.2 (1961) (“COPYRIGHT OFFICE STUDY 
NO. 28”) (“Choreography is commonly devised to be performed with music; the dance 
may be intended to express a theme suggested by the music, or the music may be 
intended to heighten the dramatic effect of the dance.”).  
  805.2(D)  Dramatic Content  
A choreographic work may present a story or theme or it may be an abstract 
composition. See U.S. COPYRIGHT OFFICE, REPORT OF THE REGISTER OF COPYRIGHTS ON THE 
GENERAL REVISION OF THE U.S. COPYRIGHT LAW 17 (COMM. PRINT 1961) (“We see no reason 
why an ‘abstract’ dance, as an original creation of a choreographer’s authorship, should 
not be protected as fully as a traditional ballet presenting a story or theme.”). 
Choreographic works often tell a story, develop characters or themes, and convey 
dramatic concepts or ideas through a sequence of bodily movements presented in an 
integrated, compositional whole. “Choreographic works of this character are typified by 
ballets.” COPYRIGHT OFFICE STUDY NO. 28, at 101.  
A choreographic work may convey dramatic action through specific dance movements 
and physical actions, even though it does not tell a story or follow a narrative structure. 
“[M]any ‘modern’ dances, as distinguished from traditional ballets, are no doubt creative 
works of authorship; and although no ‘story’ may be readily evident in a dance of the 
‘modern’ variety, the dance movements are expected to convey some thematic or 
emotional concept to an audience.” Id. 
By contrast, choreographic works 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 dance movements and physical actions. Choreography was 
not mentioned in the 1909 Act, and as a result, dances movements could be registered 
only if the work qualified as a “dramatic work.” See id. at 94. For a discussion of these 
requirements, see Chapter 2100, Section 2122.3.  
  805.2(E)  Presentation Before an Audience  
Choreographic works are typically performed before an audience. By contrast, social 
dances are not intended to be performed for an audience; they are typically performed 
for the personal enjoyment of the dancers themselves. As discussed in Section 805.5(B), 
this is one of the distinctions between choreography (which is eligible for copyright 
protection) and social dances (which do not constitute copyrightable subject matter).  
  805.2(F)  Execution by Skilled Performers 
Choreographic works are typically performed by skilled dancers. See COPYRIGHT OFFICE 
STUDY NO. 28, at 100. As discussed in Section 805.5(B), this is one of the distinctions 
between choreography (which is eligible for copyright protection) and social dances 
(which do not constitute copyrightable subject matter). As a general rule, social dances 
are not created for professional dancers; they are intended to be performed by the 
general public. While ballroom dances, line dances, and similar movements generally 
can be performed by members of the public, choreographic works typically cannot. 

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  805.3  Fixation of Choreographic Works 
  805.3(A)  The Work Must Be Fixed in a Tangible Medium of Expression   
The U.S. Copyright Office may register a claim to copyright in a choreographic work, 
provided that the specific movements constituting the work have been fixed in a 
tangible medium of expression. 17 U.S.C. § 102(a). As a general rule, the work should be 
fixed in a visually perceptible form, because choreography involves the physical 
movements of a dancer’s body which are visually perceived.  
  805.3(B)  Capacity for Uniform Performance  
A choreographic work should be fixed in a form that reveals “the movements of the 
dance in sufficient detail to permit the work to be performed therefrom.” COPYRIGHT 
OFFICE STUDY NO. 28, at 103. In other words, the specific movements and physical actions 
that constitute the choreographic work should be fixed in a form that allows the work to 
be performed in a consistent and uniform manner.  
  805.3(C)  Improvisation  
The U.S. Copyright Office may register a choreographic work if the work has been fixed 
in a visually perceptible form that allows the dance movements to be perceived and 
performed by dancers, even if the choreographer left some room for improvisation or if 
some improvisation is intended in the performance of the work. It is not possible to 
copyright an improvised dance if the improvisation has not been fixed in a tangible 
medium of expression. See 17 U.S.C. § 102(a). For example, the Office may refuse to 
register a work that simply directs the performer to improvise a dance based on a 
particular theme or otherwise does not illustrate, depict, or describe the dancers’ 
specific movements. See COPYRIGHT OFFICE STUDY NO. 28, at 102-03 (“It is doubtful, at 
best, whether the Federal statute could extend copyright protection to a work presented 
only in a performance and not recorded in some tangible form of ‘writing.’”). 
  805.3(D)  Forms of Fixation for Choreographic Works  
805.3(D)(1)  Dance Notation  
Dance notation may be used to represent the precise movement of the dancers in a 
choreographic work. Examples of dance notation systems include Labanotation (which 
employs abstract symbols), Benesh Dance Notation (which employs stick figures), 
among other systems. See generally Ann Hutchinson Guest, CHOREO-GRAPHICS: A 
COMPARISON OF DANCE NOTATION SYSTEMS FROM THE FIFTEENTH CENTURY TO THE PRESENT 
(1989).  
While dance notation may be used to fix a choreographic work, the notational system 
itself is a system that is not eligible for copyright protection under Section 102(b) of the 
Copyright Act.  

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805.3(D)(2)  Audiovisual Recordings 
A choreographic work may be embodied in a motion picture or other audiovisual 
recording, such as a music video. 
805.3(D)(3)  Textual Descriptions, Photographs, Drawings, Illustrations, or the Like  
A choreographic work may be fixed with a textual description, photographs, drawings, 
or any combination of the foregoing, provided that the description is specific enough to 
identify the precise movements of the dancers and provided that the description is 
sufficiently detailed to serve as directions for its performance. See Horgan, 789 F.2d at 
163 (noting that photographs “may communicate a great deal” about a choreographic 
work, such as “a gesture, the composition of dancers’ bodies” as well as “the moments 
before and after the split second recorded.”). 
  805.4  Copyrightable Authorship in Choreographic Works  
The U.S. Copyright Office may register a claim to copyright in a choreographic work, 
provided that (i) the work is a dance; (ii) the dance constitutes copyrightable subject 
matter under Section 102(a)(4) of the Copyright Act; (iii) the dance contains a sufficient 
amount of choreographic authorship; and (iv) the dance was created by a human author 
for human performers. These requirements are discussed in Sections 805.4(A) through 
805.4(C). 
  805.4(A)  Copyrightable Subject Matter 
As the Second Circuit observed in Horgan, “[d]ance is static and kinetic successions of 
bodily movement in certain rhythmic and spatial relationships,” while choreography is 
the composition and arrangement of “a related series of dance movements and patterns 
organized into a coherent whole.” 789 F.2d at 161 (quoting COMPENDIUM (SECOND) §§ 
450.01, 450.03(a)).  
When evaluating a claim to copyright in choreography, the registration specialist will 
use objective criteria to determine whether the work is a dance that constitutes 
copyrightable subject matter under Section 102(a)(4) of the Copyright Act. In making 
this determination, the specialist will focus on the intrinsic nature of the work, rather 
than the specific performance that is reflected in the deposit copy(ies). The primary 
criteria that the specialist will consider are set forth in Section 805.2. These elements 
are found in most choreographic works, although the presence or absence of a 
particular element may not be determinative.  
When Congress extended copyright protection to choreographic works, it did not intend 
to protect all forms of dance or movement. Instead, it used the term “choreographic 
work” in contrast to non-compositional dances, such as social dances or simple dance 
routines. Examples of dances and bodily movements that do not constitute 
copyrightable subject matter are discussed in Section 805.5(B) below. 

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  805.4(B)  Choreographic Authorship 
“As a fundamental premise, copyright presupposes an original intellectual creation of 
authorship.” COPYRIGHT OFFICE STUDY NO. 28, at 100. In the case of a choreographic work, 
original authorship requires the composition and arrangement of “a related series of 
dance movements and patterns” organized into an integrated, coherent, and expressive 
whole. Horgan, 789 F.2d at 161 (quoting COMPENDIUM (SECOND) § 450.03(a)); see also 
Registration of Claims to Copyright, 77 Fed. Reg. 37,605, 37,607 (June 22, 2012).  
The U.S. Copyright Office may register a choreographic work, provided that the dance 
contains a sufficient amount of choreographic authorship that was created by the 
choreographer. The registration specialist will use objective criteria to determine 
whether a choreographic work satisfies these requirements by reviewing the 
information provided in the application and by examining the deposit copy(ies), 
including the individual elements of the work as well as the dance as a whole. The 
specific criteria that the specialist will consider are set forth in Section 805.2 above. The 
specialist will not consider subjective criteria that have no bearing on whether the 
originality requirement has been met, such as the author’s intent, the aesthetic value, 
artistic merit, or intrinsic quality of the dance, or the symbolic meaning or commercial 
impression of the dance. 
Examples of dances and bodily movements that do not satisfy the originality 
requirement are discussed in Section 805.5(A) below. 
  805.4(C)  Human Performance Required 
The Copyright Act protects “original works of authorship.” 17 U.S.C. § 102(a). To qualify 
as a work of authorship a choreographic work must be created by a human being and it 
must be intended for execution by humans. Dances performed or intended to be 
performed by animals, machines, or other animate or inanimate objects are not 
copyrightable and cannot be registered with the U.S. Copyright Office.  
  805.4(D)  Choreographic Works That Incorporate De Minimis Dance Steps, Social 
Dances, Simple Routines, or Other Uncopyrightable Movements   
As discussed in Section 805.5(B), social dances, simple routines, and other 
uncopyrightable movements cannot be registered as separate and distinct works of 
authorship, even if they contain a substantial amount of creative expression. 
Nevertheless, uncopyrightable movements may be used as the building blocks for a 
choreographer’s expression, in much the same way that words and short phrases 
provide the basic material for writers. Choreographic works that incorporate social 
dance steps, simple routines, or even athletic exercises may be protected by copyright, 
provided that the work as a whole contains a sufficient amount of choreographic 
authorship. See Horgan, 789 F.2d at 161 (quoting COMPENDIUM (SECOND) § 450.06). 
Example: 
•  José Eduardo da Silva created the choreography for a complex dance 
production titled, Tango de Janeiro. One of the dances in the 
production incorporates an extensive number of steps and routines 

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from a social dance. While the overall production could be 
registered as a choreographic work, the U.S. Copyright Office would 
reject a claim limited to the adapted social dance. 
  805.5  Uncopyrightable Dances and Dance Steps  
The U.S. Copyright Office is charged with administering the provisions of the Copyright 
Act and with issuing regulations for the administration of the copyright system that are 
consistent with the statute. 17 U.S.C. §§ 701(a), 17 U.S.C. §§ 701, 702. The Office has no 
authority to register claims to copyright in material that falls outside the scope of 
federal statutory protection. Some of the more common types of uncopyrightable dances 
are discussed in Sections 805.5(A) and 805.5(B). These examples are overlapping in the 
sense that a dance step or routine falling within one category may also fall within other 
categories described in that Section. 
  805.5(A)  De minimis Movements and Dance Steps  
As discussed in Section 805.1, choreography is the composition and arrangement of “a 
related series of dance movements and patterns organized into a coherent whole.” 
Horgan, 789 F.2d at 161 (quoting COMPENDIUM (SECOND) § 450.03(a)). Individual 
movements or dance steps by themselves are not copyrightable, such as the basic waltz 
step, the hustle step, the grapevine, or the second position in classical ballet. Id. (quoting 
COMPENDIUM (SECOND) § 450.06). Likewise, the U.S. Copyright Office cannot register short 
dance routines consisting of only a few movements or steps with minor linear or spatial 
variations, even if the routine is novel or distinctive. Cf. 37 C.F.R. § 202.1(a). The 
individual elements of a dance are not copyrightable for the same reason that individual 
words, numbers, notes, colors, or shapes are not protected by the copyright law. 
Individual dance steps and short dance routines are the building blocks of 
choreographic expression, and allowing copyright protection for these elements would 
impede rather than foster creative expression. See Horgan, 789 F.2d at 161 (quoting 
COMPENDIUM (SECOND) § 450.06). 
Examples: 
•  Aruna Desai choreographed a music video for a song titled “Made in 
the USA.” The dance is a complex and intricate work performed by a 
troupe of professional dancers. During the chorus, the dancers form 
the letters “U, S, A” with their arms. Although the dance as a whole 
could be registered as a choreographic work, the Office would reject 
a claim limited to the “U, S, A” gesture. 
•  Butler Beauchamp is a wide receiver for a college football team. 
Whenever he scores a touchdown, Butler performs a celebratory 
dance in the endzone. The dance merely consists of a few 
movements of the legs, shoulders, and arms. The Office would 
refuse to register this dance as a choreographic work. 

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  805.5(B)  Social Dances, Simple Routines, and Other Uncopyrightable Movements   
Congress expressly recognized choreography as one of the categories of copyrightable 
subject matter under Section 102(a)(4) of the Copyright Act. The legislative history 
indicates that “the technical term ‘choreographic works,’ as used in the context of 
copyright, may refer both to the dance itself as the conception of its author to be 
performed for an audience, and to the graphic representation of the dance in the form of 
symbols or other writing from which it may be comprehended and performed.” 
COPYRIGHT OFFICE STUDY NO. 28, at 93. Although Congress did not define this “technical 
term” in the statute, it does not have the same meaning as “choreography,” which is 
often used as a noun or verb for any type of dance or artistic display, as in “The square 
dance caller provides the choreography that the dancers follow” or “The company 
staged a well-choreographed production of Richard III.”  
When Congress extended federal copyright protection to choreography, it intended to 
protect expressive works of authorship, such as ballet or modern dance. However, 
Congress did not intend to protect all forms of dance or movement. The legislative 
history specifically states that “choreographic works do not include social dance steps 
and simple routines.” H.R. REP. NO. 94-1476, at 54 (1976), reprinted in 1976 U.S.C.C.A.N. 
at 5667; S. REP. NO. 94-473, at 52 (1975).  
Thus, the U.S. Copyright Office cannot register a claim to copyright in social dances or 
simple routines, because they do not constitute copyrightable subject matter. Likewise, 
the Office cannot register a claim to copyright in ordinary motor activities, functional 
physical movements, competitive maneuvers, feats of physical skill or dexterity, or the 
like, because such movements lack the necessary creative expression to constitute a 
work of original authorship. Congress gave federal courts the flexibility to interpret the 
scope of the existing subject matter categories, but only Congress has the authority to 
create entirely new categories of authorship. “If the federal courts do not have the 
authority to establish new categories of subject matter, it necessarily follows that the 
Office also has no such authority in the absence of any clear delegation of authority to 
the Register of Copyrights.” Registration of Claims to Copyright, 77 Fed. Reg. at 37,607.  
The fact that a dance or movement may contain more than a trivial amount of original 
authorship is irrelevant to this determination. Social dances, simple routines, and other 
uncopyrightable movements are not “choreographic works” under Section 102(a)(4) of 
the Copyright Act. As such, they cannot be registered, even if they contain a substantial 
amount of original, creative expression. For the same reason, the Office cannot register 
derivative social dances, derivative simple routines, or the like. A dance that is merely an 
adaptation of a social dance or simple routine is also considered a social dance or simple 
routine that does not qualify as a choreographic work under Section 102(a)(4) of the 
Act.  
The dividing line between copyrightable choreography and uncopyrightable dance is a 
continuum, rather than a bright line. At one extreme are ballets, modern dances, and 
other complex works that represent a related series of dance movements and patterns 
organized into a coherent compositional whole. At the other extreme are social dances, 
simple routines, and other uncopyrightable movements described in Sections 
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The registration specialist will use objective criteria to determine whether a particular 
work falls on one side of the continuum or the other. The primary criteria that the 
specialist will consider are set forth in Section 805.2. The presence or absence of a 
particular element is not determinative. Instead, the specialist will consider the intrinsic 
nature of the work, including its individual elements as well as the work as a whole, to 
determine whether it is the type of dance that constitutes copyrightable subject matter 
under Section 102(a)(4) of the Copyright Act. 
805.5(B)(1)  Simple Routines 
Congress made it clear that there is a distinction between “choreographic works” on the 
one hand and simple routines on the other. See H.R. REP. NO. 94-1476, at 54 (1976), 
reprinted in 1976 U.S.C.C.A.N. at 5667 (“‘choreographic works’ do not include social 
dance steps and simple routines”); S. REP. NO. 94-473, at 52 (1975). Choreographic 
works are eligible for copyright protection, but simple routines are not.  
The dividing line between copyrightable choreography and a simple routine is a 
continuum, rather than a bright line. The U.S. Copyright Office may register complex 
dances consisting of a related series of dance steps, movements, and patterns organized 
into a coherent compositional whole. By contrast, the Office cannot register simple 
routines. For example, it is not possible to copyright a series of dance movements that 
constitute a relatively small part of a theatrical performance, such as a discrete routine 
within a variety show, dance contest, or other exhibition. See COPYRIGHT OFFICE STUDY NO. 
28, at 100. 
805.5(B)(2)  Social Dances  
Congress made it clear that there is a distinction between “choreographic works” on the 
one hand and social dances on the other. See H.R. REP. NO. 94-1476, at 54 (1976), 
reprinted in 1976 U.S.C.C.A.N. at 5667 (“‘choreographic works’ do not include social 
dance steps and simple routines”); S. REP. NO. 94-473, at 52 (1975). Choreographic 
works are eligible for copyright protection, but social dances are not. Examples of social 
dance include the following: 
•  Ballroom dances. 
•  Folk dances. 
•  Line dances. 
•  Square dances. 
•  Swing dances. 
•  Break dances. 
Choreographic works are compositions that are intended to be performed by skilled 
dancers, typically for the enjoyment of an audience. By contrast, social dances are 
intended to be performed by members of the general public for their own personal 
enjoyment. In other words, “social dances are intended to be executed by the public, not 
to be performed for the public as audience.” COPYRIGHT OFFICE STUDY NO. 28, at 100. 
Performing a social dance is often a participatory, social experience, while the 

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performance of a choreographic work is an expressive act that is typically intended to

be performed for the enjoyment of others. Whereas social dances are generally capable

of being performed by members of the public, choreographic works typically cannot. See

id. at 93, 100.

If a social dance could be considered a choreographic work under Section 102(a)(4) of

the Copyright Act, every individual who performed that dance in public would infringe

the rights of the copyright owner. Unlike singing a song in the shower or whistling a

tune in a car (which would be considered a private performance), social dances are

usually performed in public by members of the general public. In other words, these

types of dances are typically performed at places that are open to the public or at social

functions where a substantial number of people outside the normal circle of a family and

its social acquaintances are gathered. 17 U.S.C. § 101 (definition of “perform or display a

work ‘publicly’”).

Given the express language in the House and Senate Reports concerning the meaning of

the term “choreographic works” and given the absence of any limitation on the public

performance right with respect to dance, the Office has concluded that social dances do

not constitute copyrightable subject matter under Section 102(a)(4) of the Copyright Act.

Example:

• Seymour Winkler created a line dance for a song titled “The Slip,”

which was featured in a famous music video. The dance consists of a

few steps, a turn, a hop, and a snap, which is then repeated in

different directions. “The Slip” is often performed at weddings and

other social occasions, and members of the general public often

perform Seymour’s line dance when the song is played. The U.S.

is a social dance that is commonly performed by members of the

public as a participatory social activity (rather than a theatrical

performance for the enjoyment of an audience).

805.5(B)(3) Ordinary Motor Activities, Non-Expressive Physical Activities, Competitive

Maneuvers, Feats of Physical Skill or Dexterity, and Other Uncopyrightable

Movements in Choreographic Works

Choreography and pantomime are the only types of works comprised exclusively of

bodily movements that are eligible for copyright protection under Section 102(a)(4) of

the Copyright Act. Because choreography is a subset of dance, a work of authorship

cannot be registered as a choreographic work unless it is comprised of dance steps,

dance movements, and/or dance patterns.

Non-expressive physical movements, such as “ordinary motor activities” or “functional

physical movements” — in and of themselves — do not represent the type of authorship

that Congress intended to protect as choreography. Registration of Claims to Copyright,

77 Fed. Reg. at 37,607. The U.S. Copyright Office cannot register a claim to copyright in

such non-expressive activities. See Bikram’s Yoga College of India, L.P. v. Evolation Yoga,

LLC, 803 F.3d 1032 (2015) (declining to extend copyright protection in a book

describing yoga poses to the yoga poses themselves). Examples of non-expressive

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physical movements that cannot be registered with the Office include exercise routines, 
aerobic dances, yoga positions, and the like. 
The Office cannot register claims to copyright in athletic activities or competitive 
maneuvers as such, because they do not constitute copyrightable subject matter under 
Section 102(a)(4) of the Copyright Act. See NBA v. Motorola, 105 F.3d 841, 846-47 (2d 
Cir. 1997); Registration of Claims to Copyright, 77 Fed. Reg. at 37,607; but see H.R. REP. 
NO. 94-1476, at 52 (1976), reprinted in 1976 U.S.C.C.A.N. at 5665 (explaining that 
Congress intended to protect the telecast of “sports, news coverage, live performances 
of music, etc.,” provided the telecast is simultaneously recorded). 
Examples: 
•  Football plays. 
•  Slam dunking maneuvers. 
•  Skateboarding or snowboarding. 
These types of activities are typically performed by skilled players for the enjoyment of 
an audience and in some cases they may be accompanied by music or narrative text 
provided by a play-by-play announcer. However, competitive activities are comprised of 
athletic maneuvers rather than dance steps, and such maneuvers are non-expressive. 
Competitive activities lack the capacity for uniform performance because each contest 
usually involves a different set of maneuvers, and any dramatic content involves the 
“drama” of the competition rather than a story that is told or a theme that is evoked by 
the players’ movements. See NBA, 105 F.3d at 846 (“[B]asketball games do not fall 
within the subject matter of federal copyright protection because they do not constitute 
‘original works of authorship’ under 17 U.S.C. § 102(a)” although “recorded broadcasts 
of NBA games – as opposed to the games themselves – are . . . entitled to copyright 
protection.”). 
For similar reasons, the Office cannot register feats of physical skill or dexterity or other 
choreographed productions that do not involve the movement of a dancer’s body. 
See NBA, 105 F.3d at 846-47; COPYRIGHT OFFICE STUDY NO. 28, at 95 n.13 (1961); 
Registration of Claims to Copyright, 77 Fed. Reg. at 37,607. 
  805.6  Derivative Choreographic Works  
A derivative choreographic work is a work that is based on or derived from one or more 
preexisting works, regardless of whether the preexisting work is a choreographic work, 
a pantomime, or any other type of work listed in Section 102(a) of the Copyright Act. 
Typically, derivative choreography is a new version of a preexisting choreographic work 
or an entirely new work that combines preexisting choreography with a substantial 
amount of new material. 17 U.S.C. § 101 (definition of “derivative work”). 

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Examples:  
•  Adding a new section to Petipa’s Don Quixote. 
•  A modern dance version of the ballet The Nutcracker. 
The new authorship that the choreographer contributed to the derivative work may be 
registered, provided that it contains a sufficient amount of original choreographic 
authorship. Specifically, the new material that the choreographer contributed to the 
work must be independently created and it must contain a sufficient amount of 
creativity. Simply making minor changes or trivial additions to a preexisting 
choreographic work does not satisfy this requirement. Moreover, simply adding 
movements to a social dance will not alter the nature of the work as an uncopyrightable 
social dance.  
  805.7  Compilations 
The Copyright Act defines a compilation as “a work formed by the collection and 
assembling of preexisting materials or of data that are selected, coordinated or arranged 
in such a way that the resulting work as a whole constitutes an original work of 
authorship.” 17 U.S.C. § 101. 
Typically, the author of a compilation selects the preexisting material that is included in 
the compilation, the author classifies, categorizes, or groups these elements into 
particular sequences, and the author decides how these elements should be arranged 
within the compilation as a whole. A compilation may be registered if the author’s 
selection, coordination, and/or arrangement of preexisting material was independently 
created and if the selection, coordination, and/or arrangement contains a sufficient 
amount of creativity.  
In addition, the compilation must fall within one or more of the categories of works 
listed in Section 102(a) of the Copyright Act. See H.R. REP. NO. 94-1476, at 57 (1976), 
reprinted in 1976 U.S.C.C.A.N. at 5670; S. REP. NO. 94-473, at 54-55 (1975). In other 
words, the compilation as a whole must constitute a choreographic work, a pantomime, 
a dramatic work, or one of the other categories of works listed in Section 102(a) of the 
Copyright Act. If the selection, coordination, and/or arrangement of dance steps or other 
physical movements as a whole do not fall within one or more of the congressionally 
established categories of authorship, the registration specialist may communicate with 
the applicant or may refuse registration. See Registration of Claims to Copyright, 77 Fed. 
Reg. at 37,606.  
Unlike other categories of authorship, such as literary works, musical works, pictorial, 
graphic, or sculptural works, audiovisual works, and sound recordings, the mere 
selection, coordination, and arrangement of bodily movements does not necessarily 
result in the creation of a choreographic work, even if the work contains more than a de 
minimis number of dance movements. As discussed in Section 805.4(D), an expressive 
dance composition may qualify as a choreographic work if it “represents a related series 
of dance movements and patterns organized into a coherent whole.” Horgan, 789 F.2d at 
161 (quoting COMPENDIUM (SECOND) § 450.03(a)). As a general rule, classical ballet and 

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modern abstract dance are considered choreographic works, because they objectively 
constitute an expressive compositional whole. By contrast, many combinations of dance 
steps or other physical movements do not satisfy this requirement.  
To be copyrightable, a compilation of movements or steps must fall within one or more 
of the categories of copyrightable subject matter under Section 102(a). See Registration 
of Claims to Copyright, 77 Fed. Reg. at 37,606. While a compilation of dance steps may 
satisfy the criteria for a “choreographic work,” a compilation of social dances, simple 
routines, or other uncopyrightable movements may not satisfy these criteria when 
considered individually or in the aggregate. If the author’s selection, coordination, 
and/or arrangement of steps or movements does not result in an expressive 
compositional whole, the compilation does not constitute copyrightable subject matter 
under Section 102(a)(4) of the Copyright Act, and as such, cannot be registered as a 
choreographic work. 
  805.8  Registration Issues 
This Section discusses frequent registration issues that arise in connection with 
choreographic works. 
  805.8(A)  Choreographic Works Embodied in Dramatic Works or Audiovisual Works   
The choreography in a musical, a music video, or a motion picture may be registered as 
a choreographic work (or as a contribution to a dramatic work or audiovisual work), 
provided that the dance contains a sufficient amount of copyrightable authorship and 
provided that the dance is claimed as a distinct form of authorship in the application. 
If an applicant submits an application to register a choreographic work embodied in a 
dramatic work or an audiovisual work, the registration only extends to the 
copyrightable choreography disclosed in that work.  
N O T E:  The applicant should not assert a claim in choreography if the choreographic 
work was previously registered as a component part of a motion picture or a dramatic 
work as a whole.  
  805.8(B)  Choreographic Work Combined with a Musical Work  
If the claimant owns the copyright in a choreographic work and the musical 
accompaniment for that work, the music should be separately claimed in the 
application. If the claimant does not own the copyright in the musical accompaniment, 
that element of the work should be excluded from the claim using the procedure 
described in Chapter 600, Section 621.8. 
  805.8(C)  Capacity for Uniform Performance  
As discussed in Section 805.3(D)(3), a choreographic work may be embodied with a 
textual description, photographs, drawings, or any combination of the foregoing, 
provided that the deposit copy(ies) identify the precise movements of the dancers and is 
sufficiently detailed to serve as directions for the performance of the dance. 

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If the deposit copy(ies) is not sufficiently specific or if it is so general and lacking in 
detail that the dance could not be performed therefrom, the registration specialist may 
communicate with the applicant or may refuse to register the dance as a choreographic 
work. 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 choreographic work. See Registration of Claims to Copyright, 77 Fed. Reg. at 37,607.  
Example: 
•  The U.S. Copyright Office receives an application to register an 
abstract modern dance, along with a textual description for foot 
movements. No notations or instructions are provided for torso, 
head, or arm movements. The registration specialist may refuse 
registration on the grounds that the work is not sufficiently fixed to 
allow a dancer to perform the work. In the alternative, the specialist 
may communicate with the applicant and explain that the deposit 
copy does not support a claim to copyright in a choreographic work. 
The specialist may invite the applicant to submit dance notation, a 
motion picture, or an additional textual description of the work. If 
the applicant fails to provide additional deposit material, the 
specialist may refuse to register the dance as a choreographic work. 
  805.8(D)  Descriptions, Depictions, and Illustrations of Social Dances, Simple Routines, 
or Other Uncopyrightable Movements 
Although the copyright law does not protect social dances, simple routines, ordinary 
physical movements, or the like, the U.S. Copyright Office may register photographs, 
drawings, sculptures, or other works of visual art that illustrate a series of 
uncopyrightable movements. For example, a written description of a social dance may 
be registered as a literary work and a video recording of a simple routine may be 
registrable as a motion picture. See Registration of Claims to Copyright, 77 Fed. Reg. at 
37,607. 
The scope of protection for such works does not extend to the movements themselves, 
either individually or in combination with each other. Instead, the claim is limited to the 
expressive description, depiction, or illustration of the movements, to the extent that 
they constitute a pictorial, graphic, or sculptural work, a literary work, or an audiovisual 
work. For instance, making an unauthorized reproduction of a video recording that 
depicts an athletic competition may infringe the audiovisual expression in that 
recording. Likewise, making an unauthorized reproduction of a textbook that describes 
the steps for performing a social dance or simple routine may infringe the textual 
expression in that book. However, publicly performing a social dance, a simple routine, 
or an athletic competition that is depicted in a video recording or a book would not be 
an infringement. See COPYRIGHT OFFICE STUDY NO. 28, at 100 n.45 (“A narrative or graphic 
description of a social dance, as in a book designed to teach the dance, might be 
copyrighted; but the copyright, while affording protection against the reproduction of 

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the description in its narrative or graphic form, would not extend to the execution of 
the dance.”). 
  805.9  Application Tips for Choreographic Works 
When registering a claim in a choreographic work 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 choreographer who created the 
choreographic 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 “choreography” or “dance,” provided 
that the work is a choreographic work under Section 102(a)(4) of the Copyright Act and 
provided that it contains a sufficient amount of choreographic 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. 
  805.10  Deposit Requirements for Choreographic Works 
As discussed in Section 805.3, choreographic works may be fixed with dance notation, 
an audiovisual recording, a textual description, or any other tangible medium of 
expression that is sufficient to identify the applicant’s claim to copyright in the 
choreography and to allow the U.S. Copyright Office to examine the work for 
copyrightable authorship.  
For a discussion of the deposit requirements for choreographic works, see Chapter 
1500, Section 1509.2(D). 
  806  Pantomimes  
This Section discusses the U.S. Copyright Office’s practices and procedures for the 
examination of unpublished pantomimes and pantomimes first published on or after 
January 1, 1978 (i.e., the date that pantomimes became a category of authorship subject 
to federal copyright protection).  
  806.1  What Is a Pantomime?  
The Copyright Act recognizes pantomime as a distinct category of copyrightable 
authorship. 17 U.S.C. § 102(a)(4). The statute does not define “pantomime.” However, 
the legislative history states that this term has a “fairly settled meaning[].” H.R. REP. NO. 
94-1476, at 53 (1976), reprinted in 1976 U.S.C.C.A.N. at 5666-67; S. REP. NO. 94-473, at 
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Pantomime is the art of imitating, presenting, or acting out situations, characters, or

events through the use of physical gestures and bodily movements. Long before

Congress extended federal copyright protection to pantomimes, the Supreme Court

recognized that a silent performance is worthy of copyright protection if it qualifies as a

dramatic work. As Justice Holmes observed: “[D]rama may be achieved by action as well

as by speech. Action can tell a story, display all the most vivid relations between men,

and depict every kind of human emotion, without the aid of a word. It would be

impossible to deny the title of drama to pantomime as played by masters of the art.”

Kalem Co. v. Harper Bros., 222 U.S. 55, 61 (1911).

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.

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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 
Daly v. 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). 
  806.2(E)  Presentation Before an Audience 
By definition, a pantomime is a work that is intended to be performed before an 
audience.  
  806.3  Fixation of Pantomimes  
  806.3(A)  The Work Must Be Fixed in a Tangible Medium of Expression  
The U.S. Copyright Office may register a claim to copyright in a pantomime, provided 
that the specific movements, gestures, and facial expressions constituting the work have 
been fixed in a tangible medium of expression. 17 U.S.C. § 102(a). As a general rule, the 
work should be fixed in a visually perceptible form, because pantomime involves the 
physical movements of a performer’s body which are visually perceived.  
  806.3(B)  Capacity for Uniform Performance  
A pantomime should be fixed in a form that depicts or describes the movements, 
gestures, and facial expressions in sufficient detail to permit the work to be performed. 
In addition, the specific movements and physical actions that constitute the pantomime 
should be fixed in a form that allows the work to be performed in a consistent and 
uniform manner. Any copy or phonorecord that satisfies this requirement will suffice, 
such as a written description of the work or an actual performance of the work captured 
in a motion picture. See Kalem, 222 U.S. at 61 (“The essence of the matter . . . is not the 
mechanism employed, but that we see the event or story lived.”). 
  806.3(C)  Improvisation  
The U.S. Copyright Office may register a pantomime, even if the author left some room 
for improvisation or if some improvisation is intended in the performance of the work. 
However, it is not possible to copyright an improvised pantomime if the improvisation 
has not been fixed in a tangible medium of expression. 17 U.S.C. § 102(a). For example, 
the Office will refuse to register a work that simply directs the performer to improvise a 
pantomime based on a particular theme or otherwise does not illustrate, depict or 
describe the performer’s specific movements.  

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  806.3(D)  Forms of Fixation for Pantomimes  
Unlike choreography, pantomimes are not fixed using a specific form of symbolic 
notation, although a dance notation system could conceivably be used for notating this 
type of work. See Section 805.3(D)(1). 
  806.4  Copyrightable Authorship in Pantomimes  
The U.S. Copyright Office may register a claim to copyright in a pantomime, provided 
that the work constitutes copyrightable subject matter under Section 102(a)(4) of the 
Copyright Act and provided that it contains a sufficient amount of original authorship.  
  806.4(A)  Copyrightable Subject Matter  
When evaluating a claim to copyright in a pantomime, the registration specialist will use 
objective criteria to determine whether the work constitutes copyrightable subject 
matter. In making this determination, the specialist will focus on the intrinsic nature of 
the work, rather than the specific performance that is reflected in the deposit copy(ies). 
The primary criteria that the specialist will consider are set forth in Section 806.2. These 
elements are found in most pantomimes, although the presence or absence of a 
particular element may not be determinative.  
Examples of movements, gestures, and facial expressions that do not satisfy this 
requirement are discussed in Section 806.5(B). 
  806.4(B)  Pantomime Authorship 
“To qualify for copyright protection, a work must be original to the author.” Feist 
Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340, 345 (1991). In the case of a 
pantomime, original authorship requires the composition and arrangement of a related 
series of movements, gestures, and facial expressions organized into an integrated, 
coherent, and expressive whole.  
The U.S. Copyright Office may register a pantomime, provided that the work contains a 
sufficient amount of creative authorship that was created by the author of that work. 
The registration specialist will use objective criteria to determine whether a pantomime 
satisfies these requirements by reviewing the information provided in the application 
and by examining the deposit copy(ies), including the individual elements of the work as 
well as the pantomime as a whole. The specific criteria that the specialist will consider 
are set forth in Section 806.2 above. The specialist will not consider subjective criteria 
that have no bearing on whether the originality requirement has been met, such as the 
author’s intent, the aesthetic value, artistic merit, or intrinsic quality of the work, or the 
symbolic meaning or commercial impression of the work. 
Examples of movements, gestures, and facial expressions that do not satisfy this 
requirement are discussed in Section 806.5(A). 

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  806.4(C)  Human Performance Required 
The Copyright Act protects “original works of authorship.” 17 U.S.C. § 102(a). To qualify 
as a work of authorship, a pantomime must involve “the real pantomime of real men.” 
Kalem, 222 U.S. at 61-62. Pantomimes performed by animals, robots, machines, or any 
other animate or inanimate object are not copyrightable and cannot be registered with 
the U.S. Copyright Office.  
  806.4(D)  Pantomimes That Incorporate Uncopyrightable Movements, Gestures,  
and Facial Expressions  
As discussed in Section 806.5, stock gestures, common techniques, ordinary motor 
activities, and other uncopyrightable movements cannot be registered as separate and 
distinct works of authorship, even if they contain a substantial amount of creative 
expression. Nevertheless, uncopyrightable movements may be used as the building 
blocks for a pantomime, in much the same way that notes and short musical phrases 
provide the basic material for a composer. Pantomimes that incorporate stock gestures, 
ordinary motor activities, or even athletic exercises may be protected by copyright, 
provided that the work as a whole contains a sufficient amount of original authorship. 
See Teller v. Dogge, 110 U.S.P.Q.2d 1302, 1306 (D. Nev. 2013) (“While [defendant] is 
correct that magic tricks are not copyrightable,... the mere fact that a dramatic work or 
pantomime includes a magic trick, or even that a particular illusion is its central feature 
does not render it devoid of copyright protection”). 
Example: 
•  Irwin Williams created a complex pantomime titled, Waiting for 
Sam. At one point in the production the performer pretends to walk 
down a flight of stairs while using a partition to conceal his 
movements from the audience. While the overall production could 
be registered as a pantomime, the U.S. Copyright Office would reject 
a claim limited to this standard technique. 
  806.5  Uncopyrightable Pantomimes 
The U.S. Copyright Office is charged with administering the provisions of the Copyright 
Act and with issuing regulations for the administration of the copyright system that are 
consistent with the statute. The Office has no authority to register claims to copyright in 
material that falls outside the scope of federal statutory protection. Some of the more 
common types of uncopyrightable movements are discussed in Sections 806.5(A) and 
806.5(B). 
  806.5(A)  De Minimis Movements  
As discussed in Section 806.1, pantomime is the art of imitating, presenting, or acting 
out situations, characters, or events through the use of movements, gestures, and facial 
expressions. Individual movements, gestures, or expressions by themselves are not 
copyrightable. Likewise, the U.S. Copyright Office cannot register a pantomime 
consisting of a few stock gestures, movements, or facial expressions with minor linear or 

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spatial variations, such as pretending to be stuck inside an invisible box or using stiff

arms and legs to suggest the movement of a mechanical doll. Cf. 37 C.F.R. § 202.1(a).

806.5(B) Ordinary Motor Activities, Non-Expressive Physical Activities, Competitive

Maneuvers, Feats of Physical Skill or Dexterity, and Other Uncopyrightable

Movements in Pantomimes

Choreography and pantomime are the only types of works comprised exclusively of

bodily movements that are eligible for copyright protection under Section 102(a)(4) of

the Copyright Act. Non-expressive physical movements, such “ordinary motor activities”

or “functional physical activities” — in and of themselves — do not represent the type of

authorship that Congress intended to protect as choreography or pantomime.

Registration of Claims to Copyright, 77 Fed. Reg. at 37,607.

The U.S. Copyright Office cannot register a claim to copyright in such non-expressive

activities. See Bikram’s Yoga College of India, L.P. v. Evolation Yoga, LLC, 803 F.3d 1032

(2015) (declining to extend copyright protection in a book describing yoga poses to the

yoga poses themselves). Examples of non-expressive physical movements that cannot

be registered with the Office include exercise routines, aerobic dances, yoga positions,

and the like.

The Office cannot register claims to copyright in athletic activities or competitive

maneuvers as such, because they do not constitute copyrightable subject matter under

Section 102(a)(4) of the Copyright Act.

These types of activities are typically performed for the enjoyment of an audience.

However, competitive activities are comprised of athletic maneuvers rather than artistic

movements, gestures, or facial expressions, and therefore lack sufficient creative

expression. Competitive activities lack the capacity for uniform performance because

each contest usually involves a different set of maneuvers, they lack compositional

arrangement because athletic movements are rarely organized into a coherent

compositional whole, and any dramatic content involves the “drama” of the competition

rather than a story that is told or a theme that is evoked by the players’ movements. See

NBA v. Motorola, 105 F.3d 841, 846-47 846-47 (2d Cir. 1997) (noting that “[s]ports

events are not ‘authored’ in any common sense of the word”).

For similar reasons, the Office cannot register feats of physical skill or dexterity that do

not involve the physical movement of a performer’s body in an integrated, coherent, and

expressive compositional whole.

See id. (concluding that there is a “general understanding that athletic events were, and

are, uncopyrightable”); but see H.R. REP. NO. 94-1476, at 52 (1976), reprinted in 1976

U.S.C.C.A.N. at 5665 (explaining that Congress intended to protect the telecast of “sports,

news coverage, live performances of music, etc.,” provided the telecast is simultaneously

recorded).

806.6 Registration Issues

This Section discusses frequent registration issues that arise in connection with

pantomimes.

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  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. 
  806.8  Deposit Requirements for Pantomimes 
To register a pantomime with the U.S. Copyright Office, the applicant should deposit a 
copy of the work that is sufficient to identify the applicant’s claim to copyright in the 
pantomime and to allow the Office to examine the work for copyrightable authorship. 

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For a discussion of the deposit requirements for pantomimes, see Chapter 1500, Section 
1509.2(D). 
  807  Audiovisual Works 
  807.1   What Is an Audiovisual Work?  
The Copyright Act defines audiovisual works as “works that consist of a series of related 
images which are intrinsically intended to be shown by the use of machines or devices 
such as projectors, viewers, or electronic equipment, together with accompanying 
sounds, if any, regardless of the nature of the material objects, such as films or tapes, in 
which the works are embodied.” 17 U.S.C. § 101. 
Types of audiovisual works include:  
•  Motion pictures. 
•  Arcade games and videogames. 
•  Karaoke displays. 
•  Applications designed for mobile phones and tablets.  
•  Banner advertisements. 
•  Webinars. 
•  Slide presentations. 
•  Multimedia kits that have an audiovisual component. 
•  Virtual reality environments. 
  807.2   Audiovisual Works Distinguished from Other Types of Works 
  807.2(A)  Audiovisual Works Distinguished from Motion Pictures 
Motion pictures are a type of audiovisual work. In describing the categories of 
copyrightable authorship, Section 102(a)(6) of the Copyright Act draws a distinction 
between motion pictures and other audiovisual works. Likewise, the Office generally 
uses the term “audiovisual works” to refer to audiovisual works other than motion 
pictures, and assigns motion pictures to a separate team of registration specialists. For 
information on motion pictures, see Section 808. 
  807.2(B)  Sounds Accompanying Audiovisual Works Distinguished  
from Sound Recordings 
There is a legal distinction between the “soundtrack” of an audiovisual work and a 
“sound recording.” The statutory definition of a sound recording specifically states that 

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this category does not include “sounds accompanying a motion picture or other 
audiovisual work.” 17 U.S.C. § 101. Thus, when registering a claim in the soundtrack for 
an audiovisual work, the applicant should state “sounds,” “soundtrack,” or “sounds 
accompanying an audiovisual work” in the application, rather than “sound recording.” 
For further information concerning sound recordings, see Section 803.  
  807.2(C)  Audiovisual Works Distinguished from Visual Art Works 
Audiovisual works often include visual art works, namely pictorial and graphic images. 
Audiovisual works are distinguished from visual art works in that the images in an 
audiovisual work (i) must be in a series, (ii) must be related, and (iii) must be intended 
to be shown by the use of a machine or device. Visual art works have no such 
requirements. See 17 U.S.C. § 101 (definition of “audiovisual works”).  
For information regarding the copyrightability and registrability of pictorial and graphic 
works, see Chapter 900.  
  807.2(D)  Audiovisual Works Distinguished from Literary Works 
Audiovisual works may include text and a screen display comprised solely of text may 
constitute an “image” within an audiovisual work. The statutory definition of a literary 
work specifically states that this category does not include audiovisual works. See 17 
U.S.C. § 101 (defining “literary works” as “works, other than audiovisual works”). Thus, 
continuous text, such as the text of a book, magazine, journal, or other literary work 
appearing on the screen of a device such as a tablet or karaoke machine would not be 
considered an audiovisual work. 
For information regarding the copyrightability and registrability of literary works see 
Chapter 700. 
  807.3  Elements of Audiovisual Works 
  807.3(A)  Visual Authorship  
Any kind of visually perceptible images, such as photographs, artwork, and text, or a 
combination thereof, may satisfy the requirement that an audiovisual work contain 
visually perceptible material. The series of related images may appear on succeeding 
screens (such as a slide presentation) or as images in motion (such as a videogame). 
  807.3(B)  Series of Related Images 
A key element of authorship in an audiovisual work is that the images must have some 
connection to one another and must be displayed as a series. See, e.g., Midway 
Manufacturing Co. v. Artic International, Inc., 704 F.2d 1009, 1011 (7
th
 Cir. 1983) 
(construing series of related images “to refer to any set of images displayed as some 
kind of unit”). A slide presentation created as a cohesive work, for instance, is a series of 
images, while a single slide or unorganized group of random slides is not. 

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807.3(C) Intrinsic Use of Machine or Device

A key element of an audiovisual work is that the images must be “intrinsically intended

to be shown by the use of machines or devices.” 17 U.S.C. § 101 (definition of

“audiovisual works”). Such machines and devices include disc and video cassette

players, electronic devices that play digital files, such as computers, tablets, and mobile

phones, and machines with dedicated hardware, such as videogame consoles.

For example, a slide show or slide presentation qualifies as an audiovisual work, in part,

because it requires a projector or computer to view the series of images as intended. By

contrast, a series of photographs intended to be displayed together on a wall does not.

See, e.g., Leadsinger, Inc. v. BMG Music Publishing., 512 F.3d 522, 528 (9th Cir. 2008)

(concluding that a karaoke display is an audiovisual work because “the visual

representation of successive portions of song lyrics” projected by the machine onto a

television screen constitutes a series of related images and because a machine is

required to display the lyrics on cue).

807.3(D) Single, Integrated Work

The authorship in an audiovisual work generally is considered a single, integrated work

and must be registered as a whole, with the possible exception of a computer program

or musical score that was not created with the intention of being part of the audiovisual

work. For this reason, the individual elements of authorship in an audiovisual work

generally cannot be registered as separate works.

807.3(E) Aural Authorship

An audiovisual work may, and often does, include aurally perceptible authorship in the

form of recorded words, music, and sounds. Aurally perceptible authorship, however, is

not a required element in a copyrightable audiovisual work.

807.3(E)(1) Soundtrack

The term “soundtrack” refers to the accompanying sounds of an audiovisual work,

which may include spoken text, sound effects, background music, or musical

compositions. Generally, the soundtrack and the audiovisual work constitute a single,

integrated work.

807.3(E)(2) Physical Integration of Sounds

When sounds are present in an audiovisual work, they do not need to be physically

integrated with the visual element in order to be considered “accompanying sounds.”

Most contemporary audiovisual works contain physically integrated sounds. For

example, the soundtrack of a motion picture or the sounds of a videogame are

considered integrated sounds. By contrast, sounds are considered non-physically

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.

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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

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.

Example:

• A slide of a famous work of art is displayed with extensive aural

commentary. This would not be considered an audiovisual work,

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because it does not contain a series of related images. The aural

commentary may be registrable as a sound recording.

807.5(C) Human Authorship

An audiovisual work must contain creative human authorship. An audiovisual work

created through a purely mechanical process, or generated solely by preexisting

software is not copyrightable.

Example:

• A screen displays a preexisting image that flashes. There is no

sound. Preexisting software automatically generates the flash

movement. The claim will be refused.

807.6 Derivative Audiovisual Works

An audiovisual work is considered a derivative work if it recasts, transforms, or adapts

one or more preexisting works. See 17 U.S.C. § 101 (definition of “derivative work”). The

preexisting material may or may not be audiovisual material. For example, a videogame

may be based on a motion picture or a graphic novel. The author of the derivative work

must have permission to use the preexisting material if that material is protected by

authorship in order to register the new work as a derivative work. See Chapter 300,

Sections 311.2 and 313.6(B).

Examples:

• A CD-ROM that combines archival footage and photographs from

the Korean War with a newly created narration, new interviews

with veterans, and new textual information about the conflict.

• A karaoke disc that combines new pictorial displays with the lyrics

and music of a preexisting song.

A new version of a preexisting audiovisual work also may qualify as a derivative work,

provided that the revisions, additions, deletions, or other modifications, taken as a

whole, constitute a new work of authorship.

Examples:

• Revising a published website by adding new updates consisting of

text and video clips.

• Writing new computer code for a published videogame so that the

work can be released on a different platform.

When completing an application for a derivative work, the applicant should identify and

exclude the preexisting material from the claim and describe the new authorship that

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the author contributed to the preexisting work. The applicant also should limit the claim 
if the derivative work contains material created by others that is not a part of the claim.  
For guidance on these procedures, see Chapter 600, Section 621. For general 
information regarding derivative works, see Chapter 500, Section 507.  
  807.7  Registration Issues 
This Section discusses frequent registration issues involving certain types of audiovisual 
works. 
  807.7(A)  Videogames 
807.7(A)(1)  Videogames Distinguished from Computer Programs 
Generally, a videogame contains two major components: the audiovisual material and 
the computer program that runs the game. If the copyright in the audiovisual material 
and the computer program are both owned by the same entity, they should be 
registered together on one application. By contrast, if the copyright in the program and 
the audiovisual material are owned by different parties, separate applications will be 
required. 
An application to register a videogame should clearly state whether the claim extends to 
the computer program, the audiovisual material, or both components. If the authorship 
is described simply as “videogame,” the registration specialist may communicate with 
the applicant if the scope of the claim is unclear from the deposit material. For example, 
if the deposit material does not include source code for the computer program, the claim 
will extend only to the audiovisual material.  
807.7(A)(2)  One Videogame, Multiple Platforms 
Videogames are commonly released on several different platforms. Applicants often 
attempt to register each platform separately. Generally, when the same work is 
published in different versions, the Office will issue separate registrations for each 
version only if they contain separable copyrightable material. See Chapter 500, Section 
512. 
If there are copyrightable differences in the audiovisual material (or the computer 
program) for each platform, the Office may issue a separate registration for each 
version. In this situation, the deposit material for each version should show some of the 
differences. In addition, the applicant should confirm, either in the Note to Copyright 
Office field or in a cover letter, that the audiovisual material (or computer program) 
differs between versions. If the applicant does not provide such a statement, the 
registration specialist will communicate with the applicant to determine whether the 
versions contain copyrightable differences.  
If the differences do not appear in the audiovisual content, but instead appear solely in 
the computer programming that is used to achieve compatibility with the hardware 
and/or software for a particular device, console, platform, or operating system, the 

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applicant should register only one version of the audiovisual work. This version will 
cover the copyrightable content in the other versions. For guidance in registering 
multiple versions of a computer program that generates a videogame, see Chapter 700, 
Section 721.8.  
N O T E:  If the audiovisual material is the same for each platform and the versions are 
published on separate dates, the applicant must register the version which was 
published first. 
  807.7(B)  Karaoke Displays 
Karaoke displays may be registered as audiovisual works if they contain a series of 
images other than scrolling preexisting lyrics. A display containing only scrolling 
preexisting song lyrics is not copyrightable. See Section 807.2(D). 
Example: 
•  A karaoke display combining original scenic views of Los Angeles, 
scrolling lyrics to the Jerry Newfeld song “I Love Cake,” and the 
melody of that song constitutes a copyrightable audiovisual work 
(provided that the use of the song and the images is lawful). 
  807.7(C)  Apps for Computers, Tablets, or Mobile Phones 
Apps may constitute audiovisual works. Many apps contain a significant amount of 
preexisting artwork, such as icons. In such cases the preexisting material should be 
identified and excluded from the application, and the claim should be limited to the new 
copyrightable authorship. If the preexisting material has not been identified on the 
application, the registration specialist may communicate with the applicant to request 
that the claim be limited to the new copyrightable authorship.  
The new copyrightable authorship should be described as “audiovisual material,” rather 
than “app” or “computer app.” See Section 807.8(B). 
  807.7(D)  Banner Advertisements 
Some banner advertisements are comprised of images and words that flash or scroll 
(using Java- or flash-based script) across a small window. Banner advertisements also 
may be comprised simply of images, text, and a link. The Office will consider the work as 
a whole to determine whether it contains sufficient copyrightable expression. 
When registering a banner advertisement with an online application the applicant 
should state “audiovisual material” in the Author Created/Other field, and if applicable, 
in the New Material Included/Other field.  
As a general rule, applicants should not select the box marked “entire motion picture.” If 
the advertisement contains a copyrightable series of images, but does not impart an 
impression of motion, or if the work lacks sufficient authorship as a “motion picture,” 
the registration specialist will communicate with the applicant and request that the 
authorship be described as “audiovisual material” rather than “entire motion picture.” 

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Examples:  
•  Michael Williams submits an application to register his claim in a 
banner advertisement that he created for a local activist 
organization. The authorship is described as “audiovisual material.” 
The deposit consists of short, textual phrases that alternate and 
zoom in and out with a mouse click. Michael’s original song plays in 
the background. The claim to copyright in this work will be accepted 
because the work, as a whole, contains a sufficient amount of 
copyrightable authorship. 
•  Mika Roberts submits an application to register her claim in a 
banner advertisement that she created for a local religious 
organization. The ad consists of a line of scrolling continuous text 
that is a long quote from the Bible. In the background, a public 
domain religious hymn plays. The registration specialist will refuse 
to register this claim. Although there is a series of images, the work 
contains an insufficient amount of original material to support a 
copyright claim. 
  807.7(E)  Slide Presentations 
A slide presentation is a series of stills on a computer screen, videodisc, or videotape 
intended to be viewed as a single cohesive work, such as a PowerPoint presentation. If 
the work contains preexisting visual or aural material, that material should be identified 
and excluded from the claim, and the claim should be limited to the new copyrightable 
authorship.  
  807.8  Application Tips for Audiovisual Works 
This Section provides basic information on how to complete the online and paper 
applications for an audiovisual work, as well as terms to use and terms to avoid when 
describing the authorship in such works.  
For detailed information on how to complete an application, see Chapter 600. 
  807.8(A)  Type of Work 
When registering a claim in an audiovisual work using an online application, the 
applicant should select “Motion Picture / AV Work” as the Type of Work. When using a 
paper application, the applicant should use Form PA. 
Many works that contain audiovisual material also contain literary and visual arts 
authorship, and sometimes it is difficult to determine which type of work should be 
specified in the application. This is particularly true for CD-ROMs, multimedia works, 
and website content. As a general rule, the applicant should select the type of work that 
is appropriate for the predominant form of authorship in the works. For example, a 
videogame that is primarily audiovisual should be registered as a “Motion Picture / AV 
Work.” A CD-ROM that contains a collection of photographs should be registered as a 

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visual art work. A website that predominantly contains text should be registered as a 
literary work. 
  807.8(B)  The Author Created Field and the Nature of Authorship Space 
When completing an online application, the applicant should describe the authorship 
that will be submitted for registration, either by checking one or more of the box(es) in 
the Author Created field or by providing an appropriate statement in the box marked 
“Other.” When completing a paper application, the applicant should provide this 
information in the Nature of Authorship space. The applicant should only describe 
authorship that was created by the author(s) named in the application, and is contained 
in the deposit copy(ies).  
The boxes in the Author Created field are typically used to describe the authorship in a 
motion picture. Therefore, the applicant should consider using the box marked Other to 
describe the authorship in an audiovisual work. As a general rule, the Office will accept 
the following statements, provided that they accurately describe the copyrightable 
authorship being claimed: 
•  Audiovisual material.  
•  Computer program.  
•  Computer program including screen displays.  
•  Text and video clips in a website.  
•  Audiovisual material and computer program. 
•  Text of user’s manual. 
In describing the authorship, the applicant should avoid using unclear, non-specific 
terms such as “website” or “computer app.” The applicant should not refer to 
uncopyrightable or unregistrable aspects of the work, such as “format” or “layout.” 
When registering a computer program, the applicant should not refer to the program’s 
functions, features, physical form, hardware, or algorithms. See Chapter 700, Section 
721.9(J). The applicant also should avoid using the term “sound recording” to describe 
the sounds or soundtrack of an audiovisual work. See Sections 807.2(B) and 
807.3(E)(2). 
N O T E:  A claim in a computer program generally covers any related screen displays. A 
claim in HTML or other formatting code, however, does not extend to the screen 
displays. See Chapter 1000, Section 1006.1(A).Thus, if the applicant intends to register 
both the formatting code and the screen displays, the applicant must include the terms 
“computer program” and “audiovisual material” in the authorship statement. 
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. 

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  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.” 
N O T E:  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 impart an impression of motion to 
the eye.  

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  808.2(B)  Sounds Accompanying Motion Pictures Distinguished from  
Sound Recordings 
There is a legal distinction between the “soundtrack of a motion picture” and a “sound 
recording.” The statutory definition of a sound recording specifically states that this 
category does not include “sounds accompanying a motion picture or other audiovisual 
work.” 17 U.S.C. § 101. Thus, when registering a claim in a motion picture soundtrack, 
the applicant should state “sounds,” “soundtrack,” or “sounds accompanying a motion 
picture” in the application, rather than “sound recording.” 
For more information concerning this issue, see Sections 808.4(J), 808.10(G)(3), and 
808.10(H). 
  808.2(C)  Motion Pictures Distinguished from Underlying Works   
Occasionally, an applicant submits a copy of a motion picture in order to register the 
“underlying work” that is recorded in the motion picture, such as the script, a musical 
work, choreography, pantomime, or artwork. In such cases, the motion picture is simply 
the medium used to “fix” the underlying work. The copyright owner of the underlying 
work may or may not be the copyright owner of the motion picture. 
If the copyright owner of the motion picture owns the rights in the underlying work, and 
if the entire motion picture is being registered for the first time, the applicant should 
register the motion picture and the underlying work(s) with one application. To do so, 
the applicant should state “entire motion picture” in the application, instead of 
providing a separate description of the underlying work(s) embodied in the motion 
picture. 
If the copyright in the underlying work and the copyright in the motion picture are 
owned by different parties, then the underlying work and the motion picture cannot be 
registered with the same application. Instead, the applicant should submit a separate 
application for the motion picture, and should identify any preexisting or separately 
owned material in the Material Excluded field, and should state “all other 
cinematographic material” in the New Material Included field. 
  808.3  Elements of Motion Pictures 
  808.3(A)  Impression of Motion Required 
Motion pictures are audiovisual works that contain a series of images which are shown 
in a certain successive order that imparts the impression of motion. The impression of 
motion may be accomplished by action that is captured by the camera, such as the 
performance of one or more actors or the movement of fire in a fireplace, by animation, 
or through certain cinematic techniques, such as panning (the movement of the camera 
from one set point to another in a horizontal plane) or zooming (a camera shot in which 
the magnification of the objects by the camera lens is increased or decreased). 

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808.3(B) Device Needed for Viewing

The series of related images in a motion picture are “by their nature, intended for

showing by means of projectors or other devices.” H.R. REP. NO. 94-1476, at 56 (1976),

reprinted in 1976 U.S.C.C.A.N. at 5669; S. REP. NO. 94-473, at 54 (1975). Such devices may

include electronic equipment or devices that play digital files, such as DVD or Blu-ray

players, as well as computers, tablets, and cell phones.

808.3(C) Sound Not Required

While moving images are required for a work to be considered a motion picture, sounds

are not required. If the work contains sound, the soundtrack is considered an integral

part of the motion picture. See Section 808.4(J).

808.3(D) Single, Integrated Work

A motion picture, including its production, direction, cinematography, performances,

and editing, is a single, integrated work. Generally, a motion picture must be registered

as a whole, with the possible exception of the screenplay and musical score. The

individual elements that comprise a motion picture cannot be registered apart from the

work as a whole. For example, one actor’s performance in a television show may not be

registered apart from the rest of the motion picture.

808.4 Elements of Motion Picture Authorship

808.4(A) Production

Production is an all-inclusive term for the various operations involved in movie making,

particularly during the phase in which the principal photography occurs. Production

authorship includes important decision-making about all aspects of the motion picture

that affects the outcome of the final motion picture, including writing, directing, camera

work, and editing.

808.4(B) Direction

Direction refers to the creative aspects, both interpretive and technical, used in a motion

picture production. Direction may include orchestrating the action in front of the

camera, guiding the acting and dialog, controlling the camera position and movement,

selecting the sound and lighting, and overseeing the editing, all of which contribute to

the finished motion picture.

808.4(C) Cinematography

Cinematography is the art of motion picture photography in which moving images are

captured. The chief cinematographer for a motion picture often is called the director of

photography.

808.4(D) Performance

Performance refers to the acting, speaking, singing, or dancing in a motion picture.

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808.4(E) Animation

Animation is the rapid display of a series of still images to create an illusion of motion.

Animation can be produced with hand-drawn art, computer generated images (CGI),

special effects, or three-dimensional objects (e.g., puppets or clay figures), or a

combination of these elements.

808.4(F) Screenplay or Script

The screenplay is the written text upon which a motion picture production is based. The

screenplay often is broadly interpreted during filming or taping, and rarely reaches the

screen without modification.

808.4(G) Works That Precede a Screenplay or Script

A screenplay or script is often preceded by a proposal, synopsis, and treatment. A

discussion of these works is set forth below.

808.4(G)(1) Textual Proposal

A proposal is a usually a text-based document specifically created to sell a motion

picture or television concept to producers and/or investors. In addition to the text, these

documents may contain a cover page with artwork and/or photographs, contact

information, a proposed budget, and biographies of the writer(s), director, producer(s),

and star actor(s).

808.4(G)(2) Synopsis

A synopsis is a summary of the major plot points and description of the characters of a

script or a motion picture. Generally, they are a page or two in length.

808.4(G)(3) Treatment

A treatment is a document consisting of a summary of the major scenes of a proposed

movie or television show and descriptions of the main characters, possibly including

some dialog. A treatment is generally longer and more detailed than a synopsis.

808.4(H) Editing

Editing is a part of the creative post-production process of filmmaking that involves

working with raw footage, and selecting and combining shots into sequences to create a

finished motion picture. For a discussion of editing as derivative motion picture

authorship, see Section 808.8(A).

808.4(I) Musical Score

The term “musical score” refers to music that accompanies a motion picture.

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808.4(J) Soundtrack

The soundtrack refers to the accompanying sounds of a motion picture that may include

dialog, sound effects, background music, and musical compositions. The soundtrack is

an integral part of the motion picture and generally should be registered with the

motion picture as a single, unified work. See Motion Picture Soundtracks, 40 Fed. Reg.

12,500, 12,501 (Mar. 19, 1975). For exceptions to this rule and other related issues, see

Sections 808.10(G) and 808.10(H) below.

808.5 Types of Motion Pictures

Motion pictures include movies of all genres (e.g., action, drama, horror, comedy,

animation, documentary, etc.), regardless of whether the movie is intended for release

in theaters, on television, on DVD or other video format, or online. Other examples

include television programs and commercials (e.g., comedy, drama, reality, news,

advertisements), music and educational videos, and short videos posted online.

808.6 Fixation of Motion Pictures

Motion pictures may be fixed in video files, videotape, or film. These formats are defined

and discussed below in Sections 808.6(A) through 808.6(B)(3).

To be fixed, the motion picture must have been produced. Textual proposals,

treatments, synopses, and screenplays for future motion pictures do not constitute

fixations of motion pictures (although they may be fixations of text).

808.6(A) Video Formats

Motion pictures may be fixed in a video format, and often they are published in this

form. Video formats may include non-linear digital discs, analog or digital tapes, or any

other digital recording media, such as memory cards.

808.6(A)(1) Videodiscs

A videodisc is a laser readable random-access disc containing both audio and video

signals. Videodiscs require dedicated players to be viewed.

Examples:

• DVD

• Blu-ray disc

808.6(A)(2) Digital Video Files

A digital video file contains audio and video signals that can be accessed using

compatible software. A digital video file may be contained in a physical object.

Examples:

• A CD-ROM or DVD-ROM

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• A Digital Cinema Package (DCP)

• A hard drive or flash drive

N O T E: Applicants may upload digital files through the Office’s electronic registration

system. A digital file that is uploaded to the Office’s server in support of an online

application is a copy for registration purposes. Acceptable digital file types that may be

uploaded for registration include:

• .avi

• .mov

• .mpg

• .mpeg

• .rm

• .rv

• .swf

• .wmv

The most current list of acceptable file formats are posted on the Office’s website.

808.6(A)(3) Videotape

Videotape is a magnetic tape with a thin magnetizable coating on a long, narrow strip of

plastic film containing recorded video and/or audio signals in an analog or digital form.

Videotapes require dedicated players to be viewed.

Examples:

• HDCAM

• HDCAM SR

• Digital Betacam (Digibeta)

• Betacam SP

• VHS Cassette

808.6(B) Film Format

Film is a thin sheet or strip of flexible cellulose coated with a photosensitive emulsion.

When the emulsion is sufficiently exposed to light it forms a latent image. Chemical

processes can be applied to the film to create a visible image. The series of still images

are then run through a projector and shown on a screen, creating the illusion of moving

images. Films usually include an optical soundtrack, which is a visual representation of

the sound waves for the spoken words, music, and other sounds intended to accompany

the images. The soundtrack is located on a portion of the film that is not projected on the

screen.

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Examples:

• 70mm

• 35mm

• 16mm

• Betacam SP

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

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 an application to register a work titled Punish

the Producers. 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

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will refuse to register the claim, because the author is not a human 
being. 
  808.8  Derivative Motion Pictures  
A motion picture is considered a derivative work if it recasts, transforms, or adapts one 
or more preexisting works. 17 U.S.C. § 101 (definition of “derivative work”). For 
example, a derivative motion picture may be based on a novel, a play, a painting, or 
other works of authorship. A new version of a preexisting motion picture also may 
qualify as a derivative work, provided that the revisions, additions, deletions, or other 
modifications, taken as a whole, constitute a new work of authorship. 
The author of a derivative motion picture must have permission to use the preexisting 
material if that material is protected by copyright, and the author must contribute a 
sufficient amount of new original authorship in order to register the new work as a 
derivative work. For information concerning this rule, see Chapter 300, Sections 311.2 
and 313.6(B). 
When completing an application for a derivative motion picture, the applicant should 
identify and exclude the preexisting material from the claim, and should describe the 
new material that the author contributed to the new motion picture. Likewise, if the 
derivative motion picture contains material created by others, the applicant should 
exclude that preexisting material if it is not part of the claim. For guidance on these 
procedures, see Chapter 600, Section 621.  
Common types of derivative work authorship in motion pictures are described in 
Sections 808.8(A) through 808.8(E). For general information regarding derivative 
works, see Chapter 500, Section 507. 
  808.8(A)  Editing  
The term “editing” refers to the authorship involved in selecting the takes and shots 
from a motion picture, and splicing them into sequences to achieve continuity and the 
desired dramatic, comedic, or thematic effect. This term also may be used to describe 
the authorship involved in revising a preexisting motion picture, such as deleting scenes, 
reworking footage or the soundtrack, or adding new footage, artwork, sounds, or 
narration.  
For example, reworking a preexisting film for rerelease by making various cuts, adding 
outtakes, and adding new soundtrack material is a derivative work of the original film. 
Likewise, adding additional archival footage and photographs to a preexisting 
documentary is a derivative work of the original documentary. 
  808.8(B)  Dubbed Soundtracks and Subtitled Motion Pictures 
When a work is first published abroad and later distributed in the United States, English 
subtitles are often added to the footage or the soundtrack is dubbed into English. If the 
foreign version and the U.S. version are published on different dates, the subtitled or 
dubbed version is considered a derivative work that must be registered separately from 
the original film. 

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808.8(B)(1)  Subtitles 
When completing an application for the foreign film, the applicant should give the 
authorship, ownership, creation, and publication information for the original motion 
picture. In the application for the subtitled version, the applicant should give the 
authorship, ownership, creation, and publication information for the subtitles, and the 
preexisting motion picture should be excluded from the claim. 
808.8(B)(2)  Dubbed Soundtracks 
When completing an application for the foreign film, the applicant should provide the 
authorship, ownership, creation, and publication information for the original motion 
picture. In the application for the dubbed version, the applicant should give the 
authorship, ownership, creation, and publication information for the dubbed 
soundtrack, and the preexisting motion picture should be excluded from the claim. 
  808.8(C)  Closed and Open Captioning 
Television programs containing “closed captioning” enable the hearing-impaired 
population to read what the hearing audience can hear.  
Creative authorship in closed captioning may include adapting, editing, and abridging 
the text that is spoken to make it fit onto a television screen. The text also may include 
references to particular sound effects and the musical background, as well as convey the 
actual sense of the dialog. Once the text has been adapted, it is encoded onto a DVD, 
videotape, or other storage medium. 
With “open captioning,” the text is visible without the need for a special device. In some 
cases, the captioning is created simultaneously with the fixation, as in the case of a 
congressional hearing or judicial proceeding where a stenographer fixes and edits 
simultaneously.  
If the captioning is a verbatim transcription of the spoken words, the claim is not 
copyrightable and will not be registered. See Chapter 300, Section 313.4(A). Likewise, 
the Office cannot register a claim in captioning if the work is mechanically created or if 
the author did not contribute a sufficient amount of original expression in editing the 
text. 
  808.8(D)  Bonus Material Contained in DVD 
Applicants occasionally submit DVDs that contain bonus footage for a previously 
published or previously registered motion picture, such as outtakes from the original 
film and interviews with the director and actors. To register this type of work, the 
applicant should assert a claim in the “bonus footage,” and should give the authorship, 
ownership, creation, and publication information for that material. The preexisting 
motion picture should be excluded from the claim. 

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  808.8(E)  Colorized Motion Pictures 
In 1987 the U.S. Copyright Office concluded that “some computer-colorized films may 
contain sufficient original authorship to justify registration,” and that the “general 
standard for determining whether the color added to a black and white motion picture 
is sufficient to merit copyright protection is the statutory standard that already applies 
to all derivative works.” Copyright Registration for Colorized Versions of Black and 
White Motion Pictures, 52 Fed. Reg. 23,443, 23,446 (June 22, 1987). Factors to consider 
in determining whether the authorship in a colorized film is copyrightable include: 
•  Whether numerous color sections were made by a human author from a wide 
selection of colors; 
•  Whether the colorization applied to the black and white film represents more than a 
trivial amount of creative authorship; and 
•  Whether the overall appearance of the preexisting black and white film has been 
modified by the colorization. 
The applicant may use the following terms to assert a claim in a colorized film:  
•  Colorization. 
•  Colorized version. 
•  Selection, coordination, and fixation of colors to create a colorized version of the 
Motion Picture. 
The applicant should give the authorship, ownership, creation, and publication 
information for the colorized film, and the preexisting black and white motion picture 
should be excluded from the claim.  
When the Office registers a claim in colorization, the registration only extends to the 
new material, “that is, the numerous selections of color that are added to the original 
black and white film.” Copyright Registration for Colorized Versions of Black and White 
Motion Pictures, 52 Fed. Reg. at 23,446. 
  808.9  [Reserved] 
  808.10  Registration Issues 
This Section discusses frequent registration issues that arise in connection with motion 
pictures. 
  808.10(A)  Identifying the Author of a Motion Picture  
A number of people may be involved in making a motion picture, including the 
producer, director, writer, camera operator, editor, and others. In some cases, these 
individuals may jointly be co-authors of the work. But in most cases, an individual 
contributor is not considered the author of a motion picture under U.S. copyright law, 

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because most motion pictures are created as a work made for hire. These issues are 
discussed below. 
808.10(A)(1)  Work Made for Hire Authorship 
As described in Section 801.7, a work made for hire is a work that is either (i) prepared 
by an employee within the scope of his or her employment, or (ii) specially ordered or 
commissioned for use in various types of works, including a motion picture. 17 U.S.C. § 
101. When a work is “made for hire,” the employer or other party for whom the work 
was prepared is considered the author for copyright purposes.  
The registration specialist may communicate with the applicant if it appears that the 
work made for hire portion of the application has been completed incorrectly.  
Examples: 
•  An application for a major theatrical production names A&O 
Corporation as the author and the work made for hire question is 
answered “yes.” The production statement on the footage identifies 
the motion picture as “An A&O Corporation Production.” The 
application will be accepted. 
•  An applicant names Drew Corporation as the producer and Mary 
Crowson as the director and writer of a motion picture. The 
applicant checks the box indicating that Mary’s contribution was a 
work made for hire. Drew Corporation is named as the sole 
claimant, and no transfer statement is provided. The registration 
specialist will communicate with the applicant to determine if Mary 
is an author of this work. Because the work made for hire box was 
checked “yes” and because Mary was not named as a co-claimant, it 
seems likely that Drew Corporation is the sole author and that Mary 
created the work for that company as a work made for hire. 
•  An applicant names Barry Monroe as the author and the work made 
for hire question is answered “yes.” XYZ Corporation is named as 
the claimant and there is no transfer statement. The registration 
specialist will communicate with the applicant to determine if Barry 
is an author of this work.  
For a general discussion of works made for hire, see Chapter 500, Section 506. For 
guidance in completing the work made for hire portion of the application, see Chapter 
600, Section 614. 
808.10(A)(2)  Work Made for Hire Authorship and Foreign Motion Pictures 
The copyright laws of many foreign countries do not include a work made for hire 
provision. Therefore, the registration specialist may communicate with the applicant if 
the applicant names an individual as the author of a foreign theatrical motion picture 
but does not indicate that the work was “made for hire.”  

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808.10(A)(3)  Joint Authorship 
Under the Copyright Act, most motion pictures that are not works made for hire are 
considered joint works. As described in Section 801.6, a “joint work” is “a work 
prepared by two or more authors with the intention that their contributions be merged 
into inseparable or interdependent parts of a unitary whole.” 17 U.S.C. § 101. For 
instance, the screenwriter, director, and cinematographer may be joint authors of a 
motion picture absent any agreement and assuming they each contributed a sufficient 
amount of original authorship to the work. The authors of a joint work are co-owners of 
the copyright in the entire work. In such cases, the authors’ contributions are not subject 
to separate registrations. 
For a general discussion of joint works, see Chapter 500, Section 505. 
808.10(A)(3)(a)  Identifying the Authors of a Joint Work 
Generally, when a motion picture is a “joint work,” the applicant should name all of the 
authors of that work, although the Office will accept an application that names only the 
major author(s). The major authors of a motion picture are usually the director or 
producer. For certain types of works, the camera operator, animator, or performer also 
may be considered major authors. 
Examples:  
•  The applicant names the director as the sole author of a motion 
picture. The work is not a major commercial production. The credits 
name the director, as well as the producer and camera operator of 
the work. The registration specialist will register the claim. 
•  The applicant submits a “how to” video. The camera focuses mainly 
on an individual who delivers a lecture and performs a 
demonstration. The applicant names the lecturer as the sole author 
of the work. The registration specialist will register the claim.  
•  The applicant submits an application to register an episode of a 
television series, and names the editor as the sole author of the 
work. “Editing” is not a sufficient basis for asserting a claim in an 
entire motion picture. The registration specialist will communicate 
with the applicant to clarify the facts of the authorship. 
808.10(A)(3)(b)  Clarifying Joint Authorship 
In some cases the applicant names two or more authors, but the motion picture does not 
appear to be a joint work. If so, the registration specialist may communicate with the 
applicant to determine whether the motion picture satisfies the statutory definition of a 
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Examples:

• An applicant names two authors/claimants: one created the motion

picture, and the other composed the theme music. If the work does

not appear to be “made for hire,” the registration specialist may

communicate with the applicant to determine whether the music

and motion picture are separately owned and should be registered

separately, particularly if the contributions are unequal and if it

seems unlikely that the composer is a co-owner of the rights in the

motion picture.

• A music video is submitted for registration naming the songwriter

and director/producer as co-authors. The registration specialist will

communicate with the applicant to determine whether the song and

video are owned separately by their respective authors.

808.10(B) Executive Producer

To be considered an author of a motion picture, an individual must make a direct,

creative contribution to the work. Individuals who manage only the business aspects of

a motion picture project, such as executive producers, are not considered authors. If the

application merely states that the author is the “executive producer” of the motion

picture, the registration specialist will communicate with the applicant to determine if

that individual contributed copyrightable authorship to the work.

808.10(C) Author and Authorship Variances

Generally, the registration specialist will compare the authorship statement given on the

application with the credits on the copy or other information in the deposit material. If

there is a variance, and the registration materials do not adequately explain the

discrepancy, the specialist may communicate with the applicant to request clarification.

Examples:

• The applicant names Joan Craven as the author of

“cinematography.” The credits name three other individuals as

camera operators, but they do not mention Joan. Because the word

“cinematography” means camera work and because the credits

contradict the information provided in the application, the

registration specialist will communicate with the applicant.

• The applicant names Clark James as “producer, director, editor.” The

credits state “Produced and directed by Clark James” and “Edited by

Don Ackers.” The application will be approved. The credits do not

necessarily contradict the information provided in the application,

because there are several kinds of editing involved in making a

motion picture.

• The application names Cindy Taylor as author of the “entire motion

picture.” The footage states that the XYZ Corporation is the author

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of this work. The registration specialist will communicate with the 
applicant, because the credits contradict the information provided 
in the application. 
  808.10(D)  Redacted Screenplay for a Motion Picture in Production 
The Office will consider requests for special relief where the applicant wishes to submit 
a redacted version of a screenplay pending the publication of the motion picture. For 
information concerning this procedure, see Section 804.8(C). 
  808.10(E)  Claims in Script with No Spoken Parts in the Motion Picture 
When an applicant includes a claim in “script” or “screenplay,” the registration specialist 
will assume that the work includes spoken parts, because this is the essence of most 
scripts. Occasionally, the Office receives scripts or screenplays that tell a story and 
include action, but do not contain any spoken parts. In this situation, the specialist may 
add an annotation to the record, such as: “Regarding authorship information: Deposit 
contains no dialog,” or “Regarding authorship information: Deposit contains no spoken 
parts.” If the authorship is described solely as “script” or “screenplay,” or if this is the 
sole contribution for one of the authors, the specialist will communicate with the 
applicant to determine if the author(s) contributed copyrightable authorship to the 
work.  
Example: 
•  The applicant asserts a claim to copyright in “motion picture 
including screenplay.” The motion picture does not contain any 
words, although a story is clearly presented. The registration 
specialist will register the claim with an annotation, such as: 
“Regarding authorship information: Deposit contains no dialog [or 
spoken parts].” 
N O T E:  If the work is a music video that contains no additional dialog and does not 
present a clear story apart from the music and lyrics, the specialist will communicate 
with the applicant to determine whether the claim in “script” or “screenplay” should be 
removed and whether the claim should include the song lyrics.  
  808.10(F)  Underlying Works Contained in Motion Picture Soundtracks 
The soundtrack is an integral part of the motion picture and generally should be 
registered with the motion picture as a single, unified work. See Motion Picture 
Soundtracks, 40 Fed. Reg. 12,500, 12,501 (Mar. 19. 1975). However, a soundtrack may 
contain an underlying work, such as a musical composition or a script (inasmuch as the 
script is revealed in the spoken dialog) that is owned apart from the motion picture. 
These topics are discussed in Sections 808.10(G)(1) through 808.10(G)(3).  
808.10(F)(1)  Scripts Contained in a Motion Picture Soundtrack 
A script is incorporated into the soundtrack of a motion picture. A motion picture may 
be made using a script that was written as a work made for hire, or using a preexisting 

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script that is separately owned from the motion picture. If the copyrights in the script 
and the motion picture are separately owned, each work may be registered with a 
separate application.  
If the screenwriter independently created the script and then transferred the copyright 
to the party that owns the copyright in the motion picture, the script may be registered 
with the motion picture. In this situation, the screenwriter should be named as an 
author of the script, but not as a claimant. In addition, the applicant should provide a 
transfer statement that explains how the claimant obtained the copyright in the script, 
such as “by written agreement.” 
808.10(F)(2)  Musical Compositions Contained in a Motion Picture Soundtrack 
A song or other musical composition may be incorporated into the soundtrack of a 
motion picture. The musical composition may be a preexisting work, or it may be a new 
work that was composed for the motion picture.  
If the copyright in the motion picture and the copyright in the musical composition are 
separately owned, each work should be registered with a separate application.  
808.10(F)(3)  Separately Owned Sounds Contained in a Motion Picture Soundtrack  
In some cases, a recording of a song may be incorporated into the soundtrack of a 
motion picture. Often times the recording of the song is a previously published work and 
the copyright in the motion picture and the copyright in the recording are separately 
owned. If so, the motion picture and the sound recording should be registered with 
separate applications. When completing the application for the motion picture, the 
applicant should exclude the previously published sound recording from the claim by 
stating “sound recording” in the Material Excluded field or the Preexisting Work space, 
even though the recording is an integral party of the motion picture soundtrack. 
By contrast, if the recording of the song was first published in the motion picture, the 
recording is considered an integral part of the motion picture. As such, the applicant 
should submit one application covering both the motion picture and the recording of the 
song, rather than a separate application for the motion picture and the sound recording.  
  808.10(G)  Issues Regarding Sound Recording Claims 
As discussed in Section 808.2(B), the term “sound recording” should not be used to 
describe authorship in a motion picture.  
808.10(G)(1)  Sounds Contained in One Format  
When an applicant submits a claim for a motion picture and mistakenly includes the 
term “sound recording” in the authorship statement, the registration specialist will 
communicate with the applicant and ask for permission to remove that term.  

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808.10(G)(2)  Sounds Contained in Two Different Formats 
As a general rule, the exact same recorded sounds cannot be registered as both a sound 
recording and as sounds accompanying a motion picture.  
When the same sounds are published in different formats, such as a CD and a DVD, the 
applicant should decide whether to register the sounds as a sound recording or as a 
motion picture. This determination may be based a number of factors, such as whether 
the copy or the phonorecord was registered or published before the motion picture. 
These issues are discussed in Sections 808.10(H)(2)(a) through 808.10(H)(2)(d). 
808.10(G)(2)(a)  Sounds Published on the Same Date 
If the same sounds are published on DVD and CD on the same day, and they contain the 
same fixation of sounds: 
•  If the applicant prefers to register the sounds as part of the motion picture, the 
applicant should only submit an application for the motion picture. 
•  If the applicant prefers to register the sounds as a sound recording, the applicant 
should submit separate claims for the motion picture and the sound recording. The 
sounds should be excluded from the claim in the motion picture by stating “sounds 
registered separately as a sound recording” in the Material Excluded field. Both 
claims will be registered. 
808.10(G)(2)(b)  Remixes 
If the sounds published on a CD are a remix of the sounds published in the motion 
picture, and if the publication date is the same for both works, the applicant may 
register both works with separate applications.  
By contrast, if the motion picture was published before the CD, the claim in the remix 
should be limited to the new sound recording authorship that appears on the CD by 
stating “remixed sound recording” in the New Material Included field. In addition, the 
sounds from the motion picture should be excluded from the claim by stating “sounds 
from previously published motion picture” in the Material Excluded field.  
808.10(G)(2)(c)  Sounds Published on Different Dates 
If an applicant submits two applications for the same published sounds — one 
application for a motion picture submitted on a DVD and one application for a 
soundtrack album submitted on a CD — and if the applicant provides a different date of 
publication on each application, the registration specialist will communicate with the 
applicant. 
If the soundtrack album was published before the motion picture, the previously 
published album should be excluded from the claim in the motion picture. 
If the motion picture was published before the album and if the sounds on the album are 
taken directly from the motion picture soundtrack and have been reprocessed without 

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change, the specialist will refuse to issue a separate registration for the album, because

all of those sounds are covered by the registration for the motion picture.

808.10(G)(2)(d) Multimedia Kits

A multimedia kit is a work that combines authorship in two or more forms of media

(excluding the container for the work). The authorship in a multimedia kit may include:

• Text

• Music

• Sounds

• Cinematography

• Photography

• Artwork

• Sculpture

The forms of media in a multimedia kit may include:

• Printed matter, such as a book, charts or posters, or sheet music.

• Audiovisual material, such as a video disc.

• A phonorecord, such as an audio disc.

• A machine-readable copy, such as a computer-read disc.

If the applicant submits an application for a multimedia kit that contains sounds fixed on

a CD as well as sounds and video fixed on a DVD, and if the applicant asserts a claim in

both “sound recording” and “motion picture,” the registration specialist will

communicate with the applicant to determine if the CD and DVD contain the same

fixation of sounds.

If the CD and DVD contain the same fixation, the specialist may ask the applicant to

delete the term “sound recording” or replace it with the term “sounds” if they appear to

be “sounds accompanying a motion picture” rather than a “sound recording.”

By contrast, if the CD and DVD contain different fixations, the specialist may ask the

applicant to exclude the motion picture soundtrack from the claim by revising the

authorship statement to read “sound recording and motion picture excluding sounds.”

For more information regarding the registration of multimedia kits, see Copyright

Registration for Multimedia Works (Circular 55).

808.10(H) Motion Pictures of Live Performances

When a live performance is recorded on film, video, or other audiovisual medium, one

work is captured and another work is created by the recording. For a musical

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performance, the work captured is the music and lyrics, if any. For a dramatic 
performance, the work captured is the dramatic work. In both instances, the work 
created by the recording is considered a motion picture, rather than a musical work or a 
dramatic work. 
808.10(H)(1)  Fixation of Live Musical Performances 
If a fixation of a live musical performance appears to be unlawful, the registration 
specialist may communicate with the applicant to determine whether it is an authorized 
fixation (i.e., a fixation made with the consent of the performer(s) and/or 
songwriter(s)). 
808.10(H)(2)  Fixation of Live Dramatic Performances 
As discussed in Section 808.2(C) a dramatic work, such as a stage play or musical, may 
be fixed in a motion picture and a motion picture may be used as the deposit copy for 
the dramatic work. Typically, the director of a stage production creates a concept for 
how a work should be realized on the stage, including the movements of the characters 
on stage. Concepts and ideas are not protected by copyright, and the ordinary 
movement of characters on a stage is not a copyrightable element. Therefore, the 
registration specialist will refuse to register a claim in blocking, stage business, staging, 
or stage directions for a dramatic work when these terms refer to the movement of 
actors or the manner or method of their acting. See Sections 804.3(D)(1) and 
804.3(D)(2). Likewise, if the applicant asserts a claim in the “motion picture,” the 
registration may cover the motion picture direction, but it will not cover the stage 
directions for the dramatic work.  
  808.10(I)  Publication Issues  
The applicant should determine whether a motion picture has been published for 
registration purposes. The U.S. Copyright Office can provide general information about 
publication and the Office may ask for an explanation in certain cases, but the Office is 
not permitted to give specific legal advice. For more information on publication of 
copyrighted works, see Chapter 1900. 
808.10(I)(1)  Distribution to the Public 
A motion picture is distributed to the public when copies are sold or rented, or when 
film prints, videotapes, DVDs, or other formats are distributed to theaters, schools, or 
other organizations. 
808.10(I)(2)  Offering to Distribute 
An offering may constitute publication when copies of a motion picture are offered to a 
group of persons for the purpose of further distribution, public performance, or public 
display, regardless of whether the distribution, performance, or display actually occurs. 
For example, offering copies of a motion picture to a group of wholesalers, retailers, 
broadcasters, motion picture distributors, or exhibitors generally is considered 
publication. Likewise, the syndication of a television series generally is considered 
publication.  

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808.10(I)(3)  Fixed Copies  
The statutory definition indicates that offering to distribute copies constitutes 
publication, provided that the copies exist when the offer is made. Offering to distribute 
copies before they exist or before they are ready for further distribution, public 
performance, or public display does not constitute publication. Thus, making an offer to 
distribute a motion picture or television show before or during the production of that 
work does not constitute publication, because the work is not completely fixed at the 
time of the offering. Once an offer has been made, however, a work is considered 
published once the work has been completed. In the case of an offer involving a 
television series that has not been completed, the publication date will be the same for 
the episodes that were completed as of the date that the offer was made and the 
publication date for the rest of the episodes will be the date that each episode is 
completed. 
808.10(I)(4)  Publication of Underlying Works  
The publication of a motion picture constitutes publication of all the underlying works 
used in the motion picture. Thus, a screenplay, musical score, or other underlying work 
are published to the extent that they are embodied in a published motion picture. 
Maljack Productions Inc. v. UAV Corp., 964 F. Supp. 1416, 1421 (C.D. Cal. 1997) (stating 
that the publication of a film publishes all underlying works embodied in a film, 
including the screenplay). 
  808.10(J)  Restored Copyrights in Foreign Motion Pictures  
If a motion picture published in a foreign country fell into the public domain in the 
United States for any reason (such as publication without a copyright notice) the 
copyright in that work may have been restored as of January 1, 1996 under the 
GATT-URAA amendment to the copyright law. For works of Canada and Mexico 
published between January 1, 1978 and before March 1, 1989, restoration may have 
occurred as of January 1, 1995 under the North American Free Trade Agreement 
(NAFTA). These topics are discussed in Sections 808.10(K)(1) and 808.10(K)(2).  
808.10(J)(1)  The 1994 Uruguay Round Agreements Act (URAA) and the General   
Agreement on Tariffs and Trade (GATT) 
On December 8, 1994, the U.S. copyright law was amended in accordance with the 
intellectual property provisions of the 1994 Uruguay Round Agreements Act (URAA). 
See Pub. L. No. 103-465, 108 Stat. 4809 (1994) (codified as amended at 17 U.S.C. §§ 
104A, 1101). This amendment provides for the automatic restoration of copyrights in 
certain foreign works that are in the public domain in the United States, but are not in 
the public domain in their source country through the expiration of the term of 
protection. The earliest effective date of restoration is January 1, 1996. The restoration 
amendment is codified in Section 104A of the copyright law and it supersedes the 
NAFTA amendment discussed below. Works from treaty countries whose copyrights 
have been restored may be registered on Form GATT. For information concerning this 
procedure, see Chapter 2000, Section 2007.  

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808.10(J)(2)  North American Free Trade Agreement (NAFTA)  
In 1993, the North American Free Trade Agreement (NAFTA) between the United States, 
Canada, and Mexico was implemented. Under NAFTA, the United States agreed to 
restore copyrights in certain motion pictures which entered the public domain in the 
United States because they were published without a copyright notice in Mexico and 
Canada on or after January 1, 1978 and before March 1, 1989. See North American Free 
Trade Agreement Implementation Act (NAFTA ACT), Pub. L. No. 103-182, 107 Stat. 2057 
(1993). To benefit from this agreement, a copyright owner had to file a notice of intent 
to enforce the restored copyright with the U.S. Copyright Office between January 1, 1994 
and January 1, 1995. The notice was then published by the U.S. Copyright Office in the 
Federal Register. Restoration was effective on January 1, 1995. A list of motion pictures 
restored under NAFTA was posted in the Federal Register, and on the Office’s website. 
See Copyright Restoration of Certain Motion Pictures in Accordance with the North 
American Free Trade Agreement: List of Titles for Which Statements of Intent to Restore 
Copyright Were Received, 60 Fed. Reg. 8252 (Feb. 13, 1995).  
Although the period for filing these notices has expired, copyright owners who filed 
such notices may continue to file applications to register these restored works. If a 
notice of intent to enforce the restored copyright was not filed in a timely manner, the 
work may have been restored effective January 1, 1996 under the URAA/GATT 
provisions of the copyright law. See Chapter 2000, Section 2007. 
  808.11  Application Tips for Motion Pictures 
This Section provides basic information on how to complete the online and paper 
applications for a motion picture, as well as terms to use and terms to avoid when 
describing such works.  
For detailed information on how to complete an application, see Chapter 600. 
  808.11(A)  Type of Work 
When registering a claim in a motion picture using the online application, the applicant 
should select “Motion Picture/AV Work” as the Type of Work. When submitting a paper 
application, the applicant should use Form PA.  
  808.11(B)  The Work Made for Hire Field / Space 
Before completing the application, it is important to determine whether part or all of the 
motion picture was “made for hire.” For general information concerning works made for 
hire for motion pictures, see Sections 808.10(A)(1) and 808.10(A)(2). For a detailed 
discussion of this topic, see Chapter 500, Section 506.  
When a work is “made for hire,” the employer or other party for whom the work was 
prepared is the legal author. 
•  If the entire work was “made for hire,” the employer or other party for whom the 
work was prepared should be named as author. The “for hire” question should be 

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answered “yes.” The names of the employees should not be given. Often the

authorship in this case will be described as “motion picture.”

• If no part of the work was “made for hire,” the individual(s) who made the motion

picture should be named as author(s) and the “for hire” question(s) should be

answered “no.” Each author’s contribution to the motion picture should be briefly

described in the Author Created field or the Nature of Authorship space using an

acceptable authorship term, such as “production” “direction,” “script/screenplay,”

“cinematography,” and so forth.

• If part of the work was “made for hire” and part was not, the applicant should

provide an appropriate response for each author in the Name of Author and Author

Created/Nature of Authorship fields/spaces. In some cases, the applicant may need

to list the same name twice, with the “for hire” question answered “yes” or “no” as

appropriate.

For guidance in completing this portion of the application, see Chapter 600, Section 614.

808.11(C) The Author Created Field and the Nature of Authorship Space

When completing an online application, the applicant should describe the authorship

that will be submitted for registration, either by checking one or more of the box(es) in

the Author Created field or by providing an appropriate statement in the box marked

“Other.” When completing a paper application, the applicant should provide this

information in the Nature of Authorship space.

To register the entire work using the online application, the applicant may select the box

marked “entire motion picture.” This term covers all of the authorship involved in

creating a motion picture, including the screenplay, production, direction,

cinematography, and editing. To assert a claim in a specific element of a motion picture,

the applicant may select one or more of the following boxes:

• Production

• Directing

• Cinematography

• Editing

• Script/Screenplay

For a definition and discussion of these terms, see Chapter 600, Section 618.4(C).

The “Other” box may be used to describe other types of authorship, such as “music.”

These same terms may be used when completing the Nature of Authorship space in the

paper application.

For guidance in completing this portion of the application, see Chapter 600, Section 618.

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  808.11(D)  Unclear Authorship Terms  
Generally, items used in set design, scenery, props, and costumes, are regarded as useful 
articles. The copyright law does not protect the design or styling of useful articles. If a 
useful article incorporates any separable and original artwork, such as graphics, 
pictures, or sculpture, only the artwork may be protected. See 17 U.S.C. § 101 (definition 
of “pictorial, graphic, and sculptural works”); see also Chapter 900, Section 924. In such 
cases, the authorship should be specifically described, such as “artwork on scenery” or 
“soft sculpture” (in the case of a puppet or animal costume).  
These types of works often raise special issues that generally are handled by the Visual 
Arts Division. Therefore, if the applicant combines this type of authorship with a motion 
picture claim, the registration specialist may ask the applicant to prepare separate 
applications for the motion picture and the visual arts work. For more information, see 
Chapter 900, Section 924. 
  808.11(E)  Unacceptable Authorship Terms  
The applicant should not use the following terms in the authorship description for a 
motion picture:  
•  Blocking, stage directions, staging, stage business. See Sections 804.3(D) and 
808.10(I)(2). 
•  Concept, idea, format, layout, titles, styles of lettering, credits, characters. See 17 
U.S.C. § 102(b); 37 C.F.R. § 202.1. 
•  Executive Producer. See Section 808.10(B). 
•  Sound Recording. See Sections 808.2(B) and 808.10(H). 
•  Medical Imaging, such as ultrasound, CAT-scan and x-rays. See Chapter 900, Section 
924.3(D). 
  808.12  Deposit Requirements for Motion Pictures 
The deposit requirements for motion pictures are complex. For information on 
registration and mandatory deposit requirements for these types of works, see Chapter 
1500, Section 1509.2(F) and 1511.8(F). 