Also known as: sound recording · phonorecords
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A category of copyrightable subject matter consisting of works that result from the fixation of a series of musical, spoken, or other sounds. The definition excludes sounds accompanying a motion picture or other audiovisual work, regardless of the material objects such as disks or tapes in which the sounds are embodied.
A category of copyrightable subject matter consisting of works that result from the fixation of a series of musical, spoken, or other sounds. The definition excludes sounds accompanying a motion picture or other audiovisual work, regardless of the material objects such as disks or tapes in which the sounds are embodied.
Acuff-Rose Music sues 2 Live Crew for releasing a rap version of its copyrighted song. The group concedes it copied the original but claims fair use. The Supreme Court holds that the parody is transformative and weighs the fair use factors in the group's favor even though the new work is commercial.
A form of electronically stored information or document consisting of audio data stored in any medium. A party may request production of such material in discovery when it is within the responding party's possession, custody, or control, and the responding party must translate the data into a reasonably usable form if necessary.
Customers of MetroBank sue over overdraft fees and request call center audio recordings stored in fragmented legacy systems. MetroBank admits possession but claims the backups are difficult to access and need not be restored. The court orders production because the recordings qualify as electronically stored information that must be translated into a reasonably usable form by the responding party.
A form of electronically stored information or document consisting of audio data stored in any medium. A party may request production of such material in discovery when it is within the responding party's possession, custody, or control, and the responding party must translate the data into a reasonably usable form if necessary.
Each sense below has its own examples, sources, and questions.
Universal City Studios sues Sony for selling Betamax VCRs that consumers use to record copyrighted television programs. The Court finds that substantial noninfringing uses exist, including time-shifting of broadcasts for later private viewing. Sony therefore is not liable for contributory infringement.
Eldred challenges the constitutionality of the Sonny Bono Copyright Term Extension Act that adds twenty years to existing copyrights, including those in sound recordings. The Supreme Court holds that Congress acted within its authority under the Copyright Clause and that the extension does not violate the First Amendment.
Columbia Pictures sues Feltner for unauthorized airing of its television programs. Columbia elects statutory damages. The Supreme Court holds that the Seventh Amendment entitles Feltner to a jury determination of the amount of statutory damages even though the statute does not expressly provide for jury trial.
Kirtsaeng imports and resells lawfully made foreign editions of textbooks. John Wiley & Sons sues for copyright infringement. The Supreme Court holds that the first sale doctrine applies to copies made abroad with the copyright owner's authorization, exhausting the distribution right upon the first sale.
The work must result from the fixation of a series of musical, spoken, or other sounds. It must not consist of sounds accompanying a motion picture or other audiovisual work. The sounds may be embodied in any material object such as a disk or tape.
Yes. The first sale doctrine exhausts the distribution right when the copyright owner authorized the first sale of copies made abroad, allowing resale in the United States without further permission.
Sound recordings are expressly included within the definition of documents or electronically stored information that may be requested. The responding party must produce them in a reasonably usable form if the data requires translation from the medium in which it is stored.
A party may not avoid production merely because the recordings reside in fragmented or inconvenient formats. The responding party must translate the data into a reasonably usable form unless it makes a specific, supported showing of undue burden or disproportionality.
…not duplicate. Ante , at 430, n. 11. That amendment, however, was addressed to the specific problem of commercial piracy of sound recordings. Act of Oct. 15, 1971, 85 Stat. 391 (1971 Amendment). The House Report on the 1971 Amendment, in a section entitled "Home Recording," contains the following statement: "In approving the…