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.