intellectual property

sound recording

Under the Copyright Act, a "sound recording" is a work consisting of a series of musical, spoken, or other sounds, fixed in a tangible medium (e.g. a disk, tape, or phonorecord). However, the sounds accompanying a motion picture or other audiovisual work are not considered sound recordings. See 17 U.S.C. §101.

Fixed in a Tangible Medium of Expression

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' . . .


In copyright law, a copy is the physical form in which the creative expression is fixed. Under the Copyright Act, "'Copies' are material object, 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 with the aid of a machine or device. The term 'copies' includes the material object, other than a phonorecord, in which the work is first fixed." 17 U.S.C. §101.


Under the Copyright Act, a compilation is a "work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term 'compilation' includes collective works." 17 U.S.C. 101. A compilation of mere facts may not be copyrighted. Instead, a compilation may only be copyrighted if there is a creative or original act involved, i.e. in the selection and arrangement of materials.


Subscribe to RSS - intellectual property