Copyright Word Definitions

Specific copyright words on the CopyClear, Inc. web pages are taken from Title 17 of the United States Code, the Copyright Law. NOTE:

• A work is "created" when it is fixed in a copy or phonorecord for the first time.
• "Copies" are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
• A work is "fixed" in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.
• "Phonorecords" are material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
• "Sound recordings" are works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes or other phonorecords, in which they are embodied.
• "Publication" is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending.
• A "compulsory license" includes the privilege of making a musical arrangement of the work to the extent necessary to conform it to the style or manner of interpretation of the performance involved…
• …a phonorecord is considered "distributed" if the person exercising the compulsory license has voluntarily and permanently parted with its possession.

CopyClear, Inc. Observations:

• Title 17 gives the definitions of "phonorecords" and "sound recordings" as you see them on this page. The terms appear to be interchangeable.
• The term "mechanical license" is used interchangeably with "compulsory license" and/or "statutory compulsory license." The term "mechanical" was developed in music recording practice because the first recording devices (piano-roll players) were called "mechanical instruments."

CopyClear, Inc. professionals are not lawyers. If you have a legal question, you are advised to consult a copyright attorney.