Compendium of U.S. Copyright Practices, 3rd Edition

Exact matches only
Search in title
Search in content
Chapter 100
Chapter 200
Chapter 300
Chapter 400
Chapter 500
Chapter 600
Chapter 700
Chapter 800
Chapter 900
Chapter 1000
Chapter 1100
Chapter 1200
Chapter 1300
Chapter 1400
Chapter 1500
Chapter 1600
Chapter 1700
Chapter 1800
Chapter 1900
Chapter 2000
Chapter 2100
Chapter 2200
Chapter 2300
Chapter 2400

313.1 Works That Have Not Been Fixed


313.1 Works That Have Not Been Fixed


As discussed in Section 305, a work of authorship may be registered, provided that it has been fixed in a tangible medium of expression. See 17 U.S.C. § 102 (A). A work that has not been fixed is not protected by the Copyright Act and cannot be registered with the U.S. Copyright Office, although it might be eligible for protection under state law.




• Choreography that has never been filmed or notated.


• An extemporaneous speech that has not been filmed or recorded.


• A work communicated solely through conversation or a live broadcast that has not been filmed, recorded, written, or transcribed.


• A dramatic sketch or musical composition improvised or developed from memory that has not been filmed, recorded, or transcribed.


See H.R. REP. NO. 94-1476, at 52, 131 (1976), reprinted in 1976 U.S.C.C.A.N. at 5747.


[convertkit form=2550354]