Understanding Copyright Law For Phonorecords

Phonorecords are defined by the United States Copyright Act of 1976 as material objects in which sounds are fixed and from which sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The Copyright Act grants certain exclusive rights to copyright owners, including the right to make and distribute phonorecords of their work. These rights, however, are limited by the compulsory license of section 115 of the Copyright Act, which allows third parties to make and distribute phonorecords of nondramatic musical works under certain conditions.

The Copyright Office of the Library of Congress is responsible for interpreting and applying copyright laws related to phonorecords, including the compulsory license for mechanical and digital phonorecord deliveries. The placement of a copyright notice on publicly distributed phonorecords is also regulated, with specific requirements for the form, position, and content of the notice.

In addition, mandatory deposit requirements stipulate that two copies of copyrighted works published in the United States must be sent to the Copyright Office within three months of publication. This ensures that the Library of Congress receives these works for its collections. Overall, the copyright law regulation that applies to phonorecords encompasses various provisions within the Copyright Act, including sections 115 and 402, as well as related regulations and international treaties.

Phonorecords are defined by the US Copyright Act of 1976 as material objects that embody sounds

Phonorecords are defined by the US Copyright Act of 1976 as material objects in which sounds are embodied. This includes objects such as cassette tapes, vinyl discs, compact discs, and MP3 files. These objects embody sounds that can be perceived, reproduced, or communicated either directly or with the aid of a machine or device.

The definition of phonorecords is important in the context of copyright law because it helps determine the scope of protection afforded to sound recordings. Copyright law provides exclusive rights to copyright owners, including the right to reproduce and distribute their work. In the case of phonorecords, the copyright owner has the right to control the reproduction and distribution of the material object that embodies the sounds. This means that anyone who wants to copy or distribute a phonorecord needs to obtain a license from the copyright owner.

The US Copyright Act of 1976 also establishes a compulsory licensing scheme for phonorecords, which allows anyone to obtain a license to make and distribute phonorecords of a nondramatic musical work, provided certain conditions are met. This scheme was created to balance the rights of copyright owners with the public's interest in having access to creative works.

In addition, the term "phonorecord" can also refer to the original object in which the copyrighted work was fixed, such as the original studio tapes for a sound recording. This distinction is important because it determines who has the right to authorize the reproduction and distribution of the work.

The definition of phonorecords under the US Copyright Act of 1976 is detailed and specific, providing clear guidance on what constitutes a phonorecord and, consequently, what is protected under copyright law.

The US Copyright Office requests public comment on the interpretation and application of the mechanical and digital phonorecord compulsory license

The US Copyright Office requested public comment on the interpretation and application of the mechanical and digital phonorecord compulsory license, 17 U.S.C. 115, to certain digital music services. This was published in the Federal Register on March 9, 2001. The request for comment was made because there was uncertainty about the interpretation and application of the copyright laws to certain kinds of digital transmissions of pre-recorded musical works.

The compulsory license of section 115 of the Copyright Act grants third parties a non-exclusive license to make and distribute phonorecords of non-dramatic musical works. This license can be invoked once a non-dramatic musical work embodied in a phonorecord is distributed to the public in the United States under the authority of the copyright owner. The license permits anyone to make and distribute phonorecords of the musical work, provided that they comply with the royalty and accounting requirements of section 115.

The Recording Industry Association of America (RIAA) filed a petition with the Copyright Office on November 22, 2000, requesting that the Office resolve, through a rulemaking proceeding, the issue of what types of digital transmissions of pre-recorded music are general DPDs (digital phonorecord deliveries) and what types are incidental DPDs. RIAA also petitioned the Library of Congress to conduct a CARP (Copyright Arbitration Royalty Panel) proceeding to set rates for incidental DPDs.

The Copyright Office received several comments in response to the notice of inquiry, some of which raised additional issues relating to section 115 of the Copyright Act, incidental DPDs, and other matters relating to digital transmissions of music.

On December 6, 2001, RIAA, the National Music Publishers Association (NMPA), and The Harry Fox Agency (HFA) submitted a joint statement to the Copyright Office to explain the terms of an agreement they had reached concerning the application of the mechanical compulsory license to "On-Demand Streams" and "Limited Downloads", two services identified in the Notice of Inquiry. The Copyright Office recognised that the RIAA/NMPA/HFA agreement was a significant development that may affect the Office's inquiry into digital transmissions of music, and invited comment from the public on the effect of the agreement on the issues identified in the Notice of Inquiry.

The Copyright Act of 1976 requires that two copies of the best edition of every copyrightable work published in the US be sent to the Copyright Office within three months of publication

The Copyright Act of 1976, enacted on October 19, 1976, provides the framework for the current US copyright law. Under this Act, two copies of the best edition of every copyrightable work published in the US must be sent to the Copyright Office within three months of publication. This is known as the mandatory deposit provision.

The mandatory deposit provision applies to all works under copyright protection published in the US, including those first published in a foreign country but distributed in the US. The two copies are intended for the use of the Library of Congress.

The purpose of this provision is to ensure that the Library of Congress has access to and can preserve all copyrighted works published in the US. It also helps to establish a public record of copyrighted works, which can be useful in resolving disputes or questions of ownership.

The mandatory deposit provision is separate from copyright registration, which is optional but provides additional legal benefits in cases of infringement. Copyright registration involves a fee and creates a legal record of copyright ownership.

It is important to note that the mandatory deposit provision only applies to published works. There is no requirement to deposit unpublished works with the Copyright Office. However, depositing unpublished works can be beneficial as it creates a public record of the existence and ownership of the work.

In addition to the mandatory deposit provision, the Copyright Act of 1976 also includes other requirements and protections for copyrighted works, such as the right to make and distribute phonorecords (also known as the mechanical license).

The notice of copyright for publicly distributed phonorecords of sound recordings consists of the symbol ℗, the year of first publication, and the name of the owner of the copyright

The copyright law that applies to phonorecords is the United States Copyright Act of 1976. This act defines a phonorecord as a material object that embodies sounds, excluding those that accompany audio-visual recordings like movies. Phonorecords include objects such as wire recordings, vinyl discs, cassette tapes, compact discs, audio DVDs, and MP3 files.

Now, when it comes to the notice of copyright for publicly distributed phonorecords of sound recordings, there are specific elements that must be included. This notice ensures that the copyright owner's rights are protected and that the public is aware of those rights. Here's what constitutes the notice of copyright for publicly distributed phonorecords:

• The Symbol ℗: The symbol ℗, known as the sound recording copyright symbol, is used specifically for phonorecords of sound recordings. It indicates that the copyright owner claims rights over the recorded sounds. This symbol is distinct from the traditional "c" in a circle (©), which is typically used for other types of copyrighted works.
• Year of First Publication: The year in which the sound recording is first published must be included in the copyright notice. This is important because it establishes the date from which the copyright protection begins. The year of first publication helps determine the duration of copyright protection and can impact any legal actions related to infringement.
• Name of the Owner of Copyright: The copyright notice must also include the name of the owner of the copyright for the sound recording. This could be an individual, a group of people, a company, or any entity that holds the rights to the recorded sounds. Including the name of the copyright owner makes it clear who has the exclusive rights to reproduce, distribute, and perform the recorded work.

It is important to note that while a copyright notice is not legally required for works first published after March 1, 1989, it is still beneficial. A proper copyright notice, including the ℗ symbol, year of first publication, and owner's name, provides clear information to the public and can offer additional legal protections for the copyright owner.

Phonorecords are not considered distributed unless the person exercising the compulsory license has voluntarily and permanently parted with its possession

The distribution of phonorecords is a key aspect of copyright law. Phonorecords are defined by the United States Copyright Act of 1976 as material objects that embody sounds, excluding those that accompany audiovisual content such as movies. This includes various formats like wire recordings, vinyl discs, cassette tapes, compact discs, and MP3 files.

The distribution of phonorecords is subject to specific regulations. For instance, according to 17 U.S.C. § 402, whenever a sound recording is published in the US or elsewhere by the authority of the copyright owner, a notice of copyright may be placed on publicly distributed phonorecords. This notice consists of three elements: the symbol ℗, the year of first publication, and the name of the copyright owner or an abbreviation. The notice should be placed to give reasonable notice of the copyright claim.

Additionally, the distribution of phonorecords falls under the compulsory license regulations. According to 17 U.S.C. § 115, a compulsory license can be obtained to make and distribute phonorecords of a nondramatic musical work. However, a key condition for this license is that the phonorecords must be distributed to the public for private use, and the person exercising the compulsory license must have voluntarily and permanently parted with possession of the phonorecords. This means that a phonorecord is only considered "distributed" when the person with the compulsory license has willingly and irreversibly given up possession of the phonorecord. This condition ensures that the distribution is intentional and final, preventing the license from being exploited for temporary or accidental transfers of possession.

The concept of "distribution" in this context is broad and includes any act by which the person with the compulsory license willingly gives up possession of the phonorecord. This can include selling, renting, leasing, or lending the phonorecord. However, involuntary actions like theft or destruction are not considered "distribution."

In summary, the regulation of phonorecords is an important aspect of copyright law, and the condition that the person with the compulsory license has voluntarily and permanently parted with possession ensures that the distribution of phonorecords is intentional and final.

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