Page:Compendium of US Copyright Office Practices, II (1984).pdf/284

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1200-4

1203

Works covered by the manufacturing requirements. The manufacturing requirements apply to copies of certain nondramatic literary works in the English language. Literary works are works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia. See 17 U.S.C. 101. A nondramatic literary work is any literary work other than a drama. A drama is a work that tells a story by means of dialog or action and represents or gives

directions for representing all or a substantial portion of a story as actually occurring rather than merely being narrated or described. See also section 431 of Chapter 400: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS.
1204

Works not covered by the manufacturing require­ments. Dramatic, musical, pictorial, and graphic works, as well as works in languages other than English and works in the public domain in the United States, are among the works not included within the manufacturing requirements. Such works may thus be imported in unlimited quantities.

Examples:

1)
The acting version of a play, although in book form, is a dramatic work, and not subject to the manufacturing requirements.
2)
A painting reproduced by lithographic, mezzotint, or other process, is not a nondramatic literary work, and is thus not subject to the manu­facturing requirements of the current Act.
1205
Meaning of the word "preponderantly." The manufacturing requirements apply only to works which consist "preponderantly" of nondramatic literary materials in the English language. According to H.R. Report No. 94-1476, 94th Cong., 2d Sess. 167, a work consists "prepon­derantly" of nondramatic literary material, if such material exceeds the exempted material
[1984]