U.S. Copyright Office, Circular 52 (rev. 10/2022)
Choreography
and Pantomime
This circular provides general
information about registering
choreography and pantomime
with the U.S. Copyright Office.
It covers
For more specific information,
see chapter 800, sections 805
and 806, of the Compendium
of U.S. Copyright Office Practices.
The Copyright Act provides in section 102(a)(4) for copy-
right protection in “pantomimes and choreographic works”
created after January 1, 1978, and fixed in some tangible
medium of expression.¹ Choreography is the composition
and arrangement of a related series of dance movements
and patterns organized into a coherent whole. Pantomime
is the art of imitating, presenting, or acting out situations,
characters, or events through the use of physical gestures
and bodily movements. Choreography and pantomimes
consisting of ordinary motor activities, social dances, com-
monplace movements or gestures, or athletic movements
may lack a sufficient amount of authorship to qualify for
copyright protection.
A choreographic work or pantomime typically contain one or
more of the elements described below, although the presence
or absence of a given element does not determine whether a
particular work constitutes choreography or a pantomime.
Common elements of choreography include
Common elements of pantomime include
NOTE: Even though a performer may accentuate the performance of choreography or a pantomime with sound effects or a musical accompaniment, a claim in "choreography" or "pantomime" will not extend to any sounds or music, although it may be possible to claim these elements separately.
The copyright law in effect before 1978 did not mention choreography or pantomimes as works protected by copyright. It may be possible to register dance movements published prior to January 1, 1978, if they qualify as a "dramatic work." That means a work must tell a story, develop a character, or express a theme or emotion by means of specific dance movements and physical actions. For choreography and pantomimes created or first published after January 1, 1978, a choreographic work may present a story, or it may be an abstract composition. For more information on registering choreographic and dramatic works published before January 1, 1978, see chapter 2100, section 2122.3, of the third edition of the Compendium of U.S. Copyright Office Practices.
To qualify for registration, a choreographic work or pantomime must be fixed in a tangible medium of expression in such a way that reveals the movements in sufficient detail to permit the work to be performed in a consistent and uniform manner. Acceptable formats of fixation for choreographic works and pantomimes include
Some categories of dance and nondance movements, such as sports activities and performance art, do not fall within the subject matter protected under the Copyright Act even though they may be unique.
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. 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 a routine is novel or distinctive.
Examples of commonplace movements or gestures that do not qualify for registration as choreographic works or pantomimes include
For copyright purposes, choreographic works are a subset of dance and are not synonymous with dance. The drafters of the copyright law also made clear that choreographic works do not include social dance steps and simple routines. Registrable choreographic works are typically intended to be executed by skilled performers before an audience. By contrast, uncopyrightable social dances are generally intended to be performed by members of the public for the enjoyment of the dancers themselves. 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.
Examples of social dances not protected by copyright include
Functional physical movements, feats of physical skill or dexterity, and ordinary motor activities—in and of themselves—are not eligible for registration as choreography because these movements do not represent the type of authorship that Congress intended to protect as choreography.
Examples of ordinary motor activities not registrable as choreographic works or pantomimes include
Choreographic works and pantomimes must be intended for execution by humans. Dances, routines, or other organized forms of movement intended to be performed by animals, machines, or other animate or inanimate objects are not copyrightable as choreography or pantomime and cannot be registered with the U.S. Copyright Office.
Examples of works not protectable as choreography or pantomimes that fall into this category include
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) of the Copyright Act. A compilation of social dances, simple routines, or other uncopyrightable movements may not qualify as a compilation if the author's selection, coordination, or arrangement of steps or movements does not result in an expressive compositional whole that constitutes copyrightable subject matter under the Copyright Act.
Examples of compilations that are not copyrightable as choreography or pantomimes include
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.
To be registrable, 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, or adding movements to a social dance would not satisfy this requirement.
1. This circular is intended as an introduction to the U.S. Copyright Office's practices and procedures for registering choreographies and pantomimes. The authoritative source for U.S. copyright law is the Copyright Act, codified in Title 17 of the United States Code. Copyright Office regulations are codified in Title 37 of the Code of Federal Regulations. Copyright Office practices and procedures are summarized in the third edition of the Compendium of U.S. Copyright Office Practices, cited as the Compendium. The copyright law, regulations, and the Compendium are available on the Copyright Office website at www.copyright.gov.
The copyright law, the Compendium, electronic registration, application forms, regulations, and related materials are available on the Copyright Office website at www.copyright.gov.
To send an email inquiry, click the Contact Us link on the Copyright Office website.
For general information, call the Copyright Public Information Office at (202) 707-3000 or 1-877-476-0778 (toll free). Staff members are on duty from 8:30 am to 5:00 pm, eastern time, Monday through Friday, except federal holidays. To request application forms or circulars by postal mail, call (202) 707-9100 or 1-877-476-0778 and leave a recorded message.
Write to
Library of Congress
U.S. Copyright Office
Outreach and Education Section
101 Independence Avenue, SE #6304
Washington, DC 20559-6304