Under the Copyright Act, a work is fixed in a tangible medium of expression "when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is 'fixed' . . . if a fixation of the work is being made simultaneously with its transmission." See 17 U.S.C. §101. Fixation is a requirement for obtaining a copyright.
Definition from Nolo’s Plain-English Law Dictionary
A requirement for copyright protection. A work must be recorded in some physical medium, whether on paper, canvas, disk, or computer hard drive. This means that spontaneous speech or musicianship that is not recorded, (a jazz solo at a live performance, for instance) is not protected by copyright.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:16 pm