Quote Originally Posted by Steve Smith View Post
But what a bout a sound recording of a mime?!!
There the issue would be recognizability. Would it sound different from some other mime and would it be distinctly the mime in question. A tough case to prove, to say the least. However, if the mime act was like Red Skelton's miming with distinctive cowbells or other sound effects, then yes, it could be derivative and a copyright infringement.