Definition
A phonorecord is a material object in which sounds, other than those accompanying a motion picture, are fixed by any method now known or later developed. The term is defined in United States copyright law, specifically 17 U.S.C. § 101, where it distinguishes the tangible medium that embodies a sound recording from the underlying musical or spoken composition.
Legal Context
- Copyright Protection: The concept of a phonorecord is central to the exclusive rights granted to copyright owners under the U.S. Copyright Act, including the right to reproduce, distribute, and publicly perform the sound recording.
- Infringement Analysis: Liability for copyright infringement is often assessed based on the unlawful copying, distribution, or public performance of a phonorecord containing a protected sound recording.
- First Sale Doctrine: The doctrine, codified at 17 U.S.C. § 109, allows the owner of a lawfully made phonorecord to sell or otherwise dispose of that particular copy without the permission of the copyright holder.
Examples of Phonorecords
- Vinyl records, compact discs (CDs), and digital audio tapes (DAT)
- Magnetic tapes (e.g., cassette tapes, reel‑to‑reel recordings)
- Digital audio files stored on solid‑state media, flash drives, or cloud‑based storage devices (when embodied in a physical medium such as a hard drive)
Historical Development
The term originated in the 1976 revision of the U.S. Copyright Act, which modernized language to encompass emerging audio‑recording technologies. Subsequent amendments have broadened the definition to include digital formats, reflecting advances such as MP3 files and streaming‑related storage devices.
Related Concepts
- Sound Recording: The underlying artistic work (the "performance") fixed in a phonorecord.
- Master Recording: The original phonorecord from which copies are made.
- Mechanical License: A compulsory license that permits the reproduction of a sound recording on a phonorecord, typically required for the manufacture and distribution of covers.
International Perspective
While the term “phonorecord” is specific to U.S. law, other jurisdictions employ analogous concepts (e.g., “sound recording” in the Berne Convention) to differentiate the medium from the artistic work.
Key Statutory Citation
- 17 U.S.C. § 101: Definitions (including “phonorecord” and “sound recording”)
See Also
- Copyright law of the United States
- Digital Millennium Copyright Act (DMCA)
- First-sale doctrine
This entry reflects information available from United States statutory law and authoritative legal commentaries as of the knowledge cutoff date.