Copyright Office Clarifies Policy on Registration of Compilations | Practical Law

Copyright Office Clarifies Policy on Registration of Compilations | Practical Law

The Copyright Office issued a statement of policy dated June 18, 2012 to clarify its practices relating to the examination and registration of claims in compilations. The Copyright Office will refuse registration of a compilation unless it falls within at least one of the categories listed in Section 102(a) of the Copyright Act. Specifically excluded are compilations of exercises, including yoga sequences, and simple dance routines.

Copyright Office Clarifies Policy on Registration of Compilations

Practical Law Legal Update 6-520-0086 (Approx. 3 pages)

Copyright Office Clarifies Policy on Registration of Compilations

by PLC Intellectual Property & Technology
Published on 22 Jun 2012USA (National/Federal)
The Copyright Office issued a statement of policy dated June 18, 2012 to clarify its practices relating to the examination and registration of claims in compilations. The Copyright Office will refuse registration of a compilation unless it falls within at least one of the categories listed in Section 102(a) of the Copyright Act. Specifically excluded are compilations of exercises, including yoga sequences, and simple dance routines.
On June 18, 2012, the Copyright Office issued a statement of policy to clarify its practices for the examination and registration of claims in compilations. After reviewing the text and legislative history of the Copyright Act and the US Supreme Court's decision in Feist Publications, Inc. v. Rural Telephone Service Co. (499 U.S. 340 (1991)), the Copyright Office determined that a compilation must fall within one or more of the categories of authorship listed in Section 102(a) of the Copyright Act (17 U.S.C. § 102(a)) to be registrable. The Copyright Office finds that only Congress has the authority to establish new categories of authorship.
Under Section 102(a), the eight categories of authorship are:
  • Literary works.
  • Musical works, including any accompanying words.
  • Dramatic works, including any accompanying music.
  • Pantomimes and choreographic works.
  • Pictorial, graphic, and sculptural works.
  • Motion pictures and other audiovisual works.
  • Sound recordings.
  • Architectural works.
Consistent with public statements made by Copyright Office officials in December 2011, the statement specifically notes that compilations of exercises, including sequences of yoga poses, are not copyrightable because they do not fall within any of these categories. Similarly, simple dance routines do not have sufficient attributes of an original work of choreography. The Copyright Office also notes that exercise sequences may also be an uncopyrightable under Section 102(b) as functional systems or processes because they are intended to improve in one's health or mental condition.
For a more detailed discussion of the categories of authorship and copyright protection for compilations, see Practice Note, Copyright: Overview: Protected Subject Matter.