Dramatic works are compositions intended for performance, including plays and musicals, characterized by action and storytelling. Copyright protects original works and adaptations, excluding cinematographic films.
For copyright registration, a dramatic work is a composition, generally in prose or verse, that depicts a tale meant for performance before an audience, such as plays, musicals, or operas. Unlike mere reporting or summarizing, a dramatic work illustrates actions as they unfold. Some theatrical productions may also incorporate music.
The Copyright Act of 1957 defines "dramatic work" as follows: “Dramatic work” includes any recitation, choreographic work, or entertainment in a dumb performance, whose scenic arrangement or acting form is established in writing or otherwise, excluding cinematograph films.
According to Section 2(h), "dramatic work" encompasses:
Cinematograph films are explicitly excluded. The English Copyright Act of 1956 similarly defines “choreographic works or entertainment” while not including cinematographic films as distinct from a story or script.
This provision aligns with the Indian Copyright Act's definition of “dramatic work” as established in the 1911 Act.
Dramatic works can include arrangements for acting a play, recitations, or choreographic performances based on a fixed literary piece. Both original theatrical works and their adaptations are protected by copyright.
For a work to qualify as dramatic, it must meet three criteria:
“Performance” includes visual or aural presentations, such as cinematograph films, radio broadcasts, or recorded lectures. However, a public performance during the author’s lifetime does not constitute publication; the work remains "unpublished" and treated as the author’s manuscript.
Oral publishing and single-copy publication are not valid. If a dramatic work is unpublished at the author’s death, a public performance afterward will be considered publication, invoking laws on “posthumous works.” Notably, actors’ gags—small, humorous incidents tied to gestures—are not recognized as copyrightable.
The U.S. 1976 Act includes “pantomimes and choreographic works” in copyrightable subject matter. Although not explicitly defined, these terms are well-known. Previously, such works were protected only when part of a theatrical production. The act acknowledges that pantomimes convey full action through gestures, and choreography may tell stories or portray emotions. However, social dancing and basic routines are not covered.
Infringement does not require copying dialogue. Fair use of themes is permitted, but infringing occurs when a dramatic meaning is presented without original skill or labor. Similarities in scenes and sequences can indicate piracy. For instance, in Frankel v. Irwin, it was noted that piracy could involve stealing a play’s action without its words.
For a production to be considered infringement, it must convey the same plot as the original. If it presents a different story or sequence, it does not constitute piracy. Similarities must rule out reasonable coincidence to indicate they were derived from the original.
Under the Copyright Act of 1957, copyright infringement occurs when a person, without a license, does anything exclusive to the copyright owner, or permits a place to communicate the work publicly.
Ball defines a “dramatic work” as “a composition consisting of a series of events with various parts and characters, invented and arranged in sequence.” He notes that drama portrays emotions and is a product of human intellect, requiring significant creativity, capable of being displayed through various mediums, including dance and acting. The Copyright Act of 1957 offers the most comprehensive definition, encompassing various components of an original copyrighted theatrical work, vital for examining copyright violations.
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