The term “phonourecord” refers to a tangible medium that holds recorded sounds, which can be played back either manually or with the assistance of a device. Common examples of phonourecords include records, cassette tapes, and CDs. This term is frequently utilised in copyright law, as it is specifically defined in the U.S. Copyright Act of 1976.
A phonourecord, as defined in the U.S. Copyright Act of 1976, is a physical object that contains fixed sounds that can be directly heard, reproduced, or communicated with the aid of a machine. Common examples of phonourecords include vinyl records, cassette tapes, and CDs. These objects serve as mediums for distributing music to consumers. For instance, a vinyl record of The Beatles’ “Abbey Road” album, a cassette tape of Michael Jackson’s “Thriller” album, and a CD of Taylor Swift’s “1989” album all meet the criteria of a phonourecord as they are physical objects containing fixed sounds that can be heard and reproduced.
A phonorecord is any material object in which sounds are fixed and can be perceived, reproduced, or communicated, either directly or with the aid of a machine or device.
No, a phonorecord is the physical medium on which a sound recording is fixed, while a copyright is the legal protection for the original work of authorship fixed in a tangible medium of expression.
Yes, under the doctrine of fair use, you may make copies of a phonorecord for personal use, as long as it does not infringe on the copyright holder’s rights.
Yes, as the owner of a phonorecord, you have the right to sell or transfer it to another person.
Sampling a phonorecord in your own music may require permission from the copyright holder, as it could be considered a form of copyright infringement.
Using a phonorecord in a public performance may require obtaining a public performance license from the copyright holder, depending on the specific circumstances.
Streaming a phonorecord online may require obtaining a license from the copyright holder, as it involves making the copyrighted material available to the public.
Using a phonorecord in a commercial advertisement may require obtaining a synchronization license from the copyright holder, as it involves combining the music with visual images.
Making a cover version of a phonorecord may require obtaining a mechanical license from the copyright holder, as it involves creating a new recording of the original song.
Using a phonorecord in a film or television show may require obtaining a synchronization license from the copyright holder, as it involves combining the music with visual images.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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