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2.6.

(d) choreographic works and entertainments in dumb show; in the version prior to that of
Stockholm, the Convention provided that, for these works to enjoy protection, the acting form had to
be fixed in writing or otherwise. This condition was not an exception to the rule of protec¬ tion without
formality, but is explained by considerations of proof: it was thought that only the ballet notation
allowed one to appreciate the exact shape of the dance. The arrival and spread of television has
markedly changed the baselines of the problem ; there is a need to protect such a work, diffused live
by television, against someone filming it. Besides, the requirement that the acting form must be fixed
in writing could give rise to difficulties, since it is difficult to describe precisely by words; again, the
requirements of proof may differ, country by country. Since the Conven¬ tion now allows national
laws to provide that fixation in some material form is a general condition for protection (see below
Article 2), this need for fixation in writing of the acting form of choreographic works and
entertainments in dumb show was abolished in the Revision in 1967.

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