A nondramatic performance is one in which a song is not woven into and does not carry forward a plot or story and is not rendered with costumes, scenery, or visual representations from the musical play from which the song was taken. A dramatic performance, by contrast, is one in which a song is woven into and carries forward a plot or story, or is rendered with costumes, scenery, or visual representations from the musical play from which the song was taken. See Al Kohn & Bob Kohn, Kohn On Music Licensing. 1324-25 (Aspen Law & Business 4th ed. 2010).

Means to recite, render, play, dance, or act a work, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible. 17 U.S.C. § 101.

A musical work that was not created for use in a motion picture or a dramatic work. Examples: popular songs intended for distribution solely on an album, an advertising jingle intended solely for performance on the radio, or a symphony. The Compendium of U.S. Copyright Office Practices: Chapter 800, 802.2(A).

A work that uses narrative, descriptive, or explanatory text rather than dialogue or dramatic action. Generally, nondramatic literary works are intended to be read rather than performed. Examples: fiction, nonfiction, poetry, or textbooks.

Although this phrase is not defined in the statute, the legislative history suggests that determining what amount is permissible should take into account the nature of the market for that type of work and the instructional purposes of the performance. S. Rept. 107-31.

A composition generally in prose or verse that portrays a story that is intended to be performed for an audience. These works represent the action as it occurs rather than simply narrating or describing the action. Examples: plays, musicals, or operas. The Compendium of U.S. Copyright Office Practices: Chapter 800, 804.1.

To show a copy of a work, either directly or by means of a film, slide, TV image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially. 17 U.S.C. § 101.

A musical work that tells a story and/or is created for use in a motion picture or other dramatic work. Examples: Musicals, music videos, or operas. The Compendium of U.S. Copyright Office Practices: Chapter 800, 802.2(A).