400-35
493
Forms of embodiment. (cont'd)
493.02
Types of phonorecords. Examples include the following:
1)
Vinyl disks: common types are 45-r.p.m. and 33-r.p.m.
2)
Audio tapes: open reels, cartridges, and cassettes.
3)
Player piano rolls: perforated sheets on a roll.
4)
Sound cards: cards with sound embodied in horizontal tape strip.
5)
Sound sheets: paper backed with an oxide cover.
6)
Perforated metal disks: such disks include sprocketed disks often used in music boxes.
493.03
Distinction between phonorecords and sound recordings. The term " phonorecord" refers only to the material object in which a work is embodied; the phonorecord itself is not a work of authorship. A "sound recording," on the other hand, is a work of authorship, regardless of the type of phonorecord in which it is embodied.
493.04
Distinction between phonorecords and copies. "Copies" are material objects, other than phonorecords, in which a work is fixed. See 17 U.S.C. 101. The term "copy" usually applies to a material object from which a work can be visually perceived (with or without the aid of a device or machine), but may also refer to a material object in which sounds accompanying a audiovisual work are fixed. The term "phonorecord" applies to a material object in which sounds are fixed, other than those sounds accompanying an audiovisual work.
[1984]
