The courts likewise have clung to first principles and have refused to extend the definition of a
“drama” to include other forms of composition having no bona fideplot or story. Thus in [one
case,] the court, in holding a dance not copyrightable as a dramatic composition, declared: “...It
is essential to such a composition that it should tell some story. The plot may be simple. It may
be but the narrative or representation of a single transaction; but it must repeat or mimic some
action, speech, emotion, passion, or character, real or imaginary. And when it does, it is the ideas
thus expressed which become subject of copyright. An examination of the description of
complainant’s dance, as filed for copyright, shows that the end sought for and accomplished was
solely the devising of a series of graceful movements, combined with an attractive arrangement
of drapery, lights, and shadows, telling no story, portraying no character, depicting no emotion.
The merely mechanical movements by which effects are produced on the stage are not subjects
of copyright where they convey no ideas whose arrangement makes up a dramatic composition.”Analyzing Seltzer’s two copyrighted pamphlets, it is evident that in neither is there a plot or story
or narrative in any accepted sense. True it is that in the first book, “Team No. 20,” and in the
second book, “The Italian Champion,” are described as doing certain acts. But no one reading
either work was ever intended to receive the impression that he was reading a synopsis of the
precise events to be seen later in the evening. A reasonable spectator could only understand that
here was an illustrative description of what might happen. The tenor of the whole text could give
no other impression.Basically these pamphlets have no fixed plot or story. There are no distinct characters, possessing
individual personalities or names, or even personifying, as did characters in the old morality
plays, generalized virtues or vices. All we have here is a set of regulations for running a race.
The fact that the exposition of the rules may be so artfully done as to constitute a literary
masterpiece is no reason for considering the work other than a mere rule book. The mere fact
that the race as staged is entertaining or thrilling or arouses great excitement cannot it itself
change the essential nature of the composition so as to make it a drama. Accordingly, this court
feels that plaintiff ’s pamphlets, lacking as they do at least one essential element of a true drama- a definite story structure - are not entitled to that protection under the Copyright Act designed
and reserved for bona fide dramatic compositions. ...
What Seltzer really composed was a description of a system for conducting races on roller
skates. A system, as such, can never be copyrighted. If it finds any protection, it must come from
the patent laws. ...Even if plaintiffs’ books be held to describe a game or sporting event, the rules
thereof, as ideas, are not copyrightable. ... Nor is the system of staging a game or spectacle
covered.NOTES:- The same view was taken in Canada, where an attempt to call a football
game a “choreographic work” (a subcategory of “dramatic work”) failed: FWS
Joint Sports Claimants v. Copyright Board (1991) 36 C.P.R. 3d 483
(Canada: Federal Court of Appeal). The Court said:
Even though sports teams may seek to follow the plays as planned by their coaches,
as actors follow a script, the other teams are dedicated to preventing that from
occurring and often succeed. As well, the opposing team tries to follow its own game
plan, which, in turn, the other team tries to thwart. In the end, what transpires on the
field is usually not what is planned, but something that is totally unpredictable. That
is one of the reasons why sports games are so appealing to their spectators. No one(^62) can forecast what will happen. This is not the same as a ballet, where, barring an