Bob Farmer wrote:Copyright works like this: you create "something" -- if that "something" fits into one or more of the classes of works in which copyright can subsist, then if you take the other steps necessary (e.g., rendering the something in a tangible form), your "something" will be copyrighted.
Those classes are enumerated under U.S. law in 102(a):
(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.
So, assume I've come up with a new trick: I write "Fire" on a piece of paper, and when I put a cup of water on the paper, the water instantly begin to boil.
Now, since this doesn't already exist, it would be logical to call this a "new creation".
If it happens for real - the paper actually emit heat when written on, and the water actually begin to boil - then it is a scientific innovation and is (in most parts of the world) not eligible for copyright, but can be patented.
However, in this case, the paper doesn't emit heat and the water doesn't actually boil... what I present is just fiction. Or in other words, I show the dramatization of an imaginary scenario. Which happens to be the definition of what is called "Dramatic work" in point 3 above.
To accomplish this work of drama, I've created a sequence of structured movements that has to be done in a specific order, or the drama will fail. While doing seemingly natural and innocent movements, I need to obtain something 'extra' from my pocket and add it to the cup. This has to be done after, not before, the viewer has become convinced that the cup is ordinary, or the drama will fail. And I need to hold the 'extra' something in a specific way, or the drama will fail. The piece rely on 'structured human movements', which is a definition of "choreography" - point 4 above.
This "trick" is fiction - dramatic work of a choreographical nature, with no obvious predecessors, in a realised and tangible form. All the requirements for copyright has been met.
What of this can be refuted? Nothing!