Page:Copyright Office Compendium 3rd Edition - Full.djvu/1083

, Third Edition U.S.C. §§ 401(a), 402(a)]. However, certain omissions of notice before March 1, 1989 could be cured under the 1976 Act. See Section 2203.4.

For a definition and discussion of publication, see Chapter 1900.

2203.2 Visually Perceptible Copies

Prior to March 1, 1989, a notice was required for visually perceptible copies of a work published with the authority of the copyright owner. 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 indirectly with the aid of a machine or device." 17 U.S.C. § 101 (definition of "copies").

A copy is considered visually perceptible if the work is fixed in a tangible medium of expression and if the work can be visually perceived, either directly or with the aid of a machine or device. Examples of works fixed in visually perceptible copies include books, sheet music, and photographs.

As a general rule, a literary, dramatic, or musical work fixed in a phonorecord is not considered a visually perceptible copy of that work.

2203.3 Phonorecords

Prior to March 1, 1989, a notice was required for phonorecords containing a sound recording that was published with the authority of the copyright owner.

There is a fundamental distinction between a sound recording and a phonorecord. A sound recording is a work of authorship that results from the fixation of a series of sounds, such as a recording of a song, a recording of a speech, or other types of audio recordings. By contrast, a phonorecord is a material object that contains a sound recording, such as a vinyl disc, cassette, compact disc, digital audio file [e.g., .mp3, .wav), or other recording medium. Specifically, the Copyright Act defines phonorecords as "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." 17 U.S.C. § 101 (definition of "phonorecords").

Notice was required for sound recordings published on phonorecords prior to March 1, 1989. However, notice was not required for musical works, literary works, or dramatic works distributed on phonorecords, because a phonorecord is not a visually perceptible copy of these types of works.

Compare Copyright Act of 1976, §402(a), 90 Stat. 2541, 2577 (1976) (stating that whenever a sound recording "is published in the United States or elsewhere by authority of the copyright owner" a notice "shall be placed on all publicly distributed phonorecords of the sound recording") with id. § 402(a), 90 Stat, at 2576 (stating that "[w]henever a work protected under this title is published in the United States or

Chapter 2200 : 7

12/22/2014 Chapter _00 : 7