From: copyinfo@loc.gov
CC: copyinfo@loc.gov
Date: Wed, 17 Feb 2016 15:28:19 -0500
Subject: RE: General copyright



17 USC 102(a) lists eight categories of “works of authorship” covered by the act. The list does not include athletic events, and, although the list is concededly non-exclusive, such events are neither similar nor analogous to any of the listed categories. NBA v. Motorola, Inc., 105 F.3d 841 (2d Cir. N.Y. 1997)



The court found that a sporting event was not a creative expression because they are not “authored.” In theory, sports have no underlying script. Further, the court elaborated that to allow copyright of a sports competition, then figure skaters, whose moves are orchestrated, could copyright their moves, such as the triple lutz, and prevent their competitors from using the same move and that would destroy competition in sports. Similarly, the Copyright Office will not register work out/exercise routines. 805.5(B)(3) Compendium 3rd Edition.



H.R. No. 94-1476 at 52, reprinted in 1976 U.S.C.C.A.N. at 5665. The House Report also makes clear that it is the broadcast, not the underlying game, that is the subject of copyright protection. In explaining how game broadcasts meet the Act's requirement that the subject matter be an “original work[ ] of authorship,” 17 U.S.C. § 102(a), the House Report stated:

                When a football game is being covered by four television cameras, with a director guiding the activities of the four cameramen and choosing which of their               electronic images are sent out to the public and in what order, there is little doubt that what the cameramen and the director are doing constitutes “authorship.”


 

JS

U.S. Copyright Office

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Washington, DC  20559-6000

Email: copyinfo@loc.gov

Phone: 877-476-0778 (toll free) or 202-707-5959         

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