Why does the Copyright Act specifically provide for the protection of “pantomimes”? This Article shows that the Copyright Act of 1976 amended the subject matter of copyright to include pantomimes simply in order to conform it to the Berne Convention for the Protection of Literary and Artistic Works. It further shows that the Berlin Act of 1909 amended the Berne Convention to provide for copyright protection of “les pantomimes” and “entertainments in dumb show” in order to ensure copyright protection of silent motion pictures. Unfortunately, the original purpose of providing copyright protection to '“pantomimes” was forgotten. This Article argues that copyright protection of pantomimes is redundant on copyright protection of “motion pictures” and “dramatic works, “ and reflects the carelessness of the drafters of the 1976 Act.
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Frye, Brian L., "Copyright in Pantomime" (2016). Law Faculty Scholarly Articles. 585.