A phonorecord is defined by the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

Copyright Act of 1976 The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, ...

to be a material object that embodies sounds (other than those accompanying audio-visual recordings such as movies). From the Copyright Act: “Phonorecords” are material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term “phonorecords” includes the material object in which the sounds are first fixed.17 U.S.C. § 101 (2010) For example: all of the following are "phonorecords" under the law: A wire recording; a 16-rpm, 33-rpm, 45-rpm or 78-rpm

phonograph record A phonograph record (also known as a gramophone record, especially in British English) or a vinyl record (for later varieties only) is an analog sound storage medium in the form of a flat disc with an inscribed, modulated spiral groove. The g ...

(vinyl disc), a

reel-to-reel tape Reel-to-reel audio tape recording, also called open-reel recording, is magnetic tape audio recording in which the recording tape is spooled between reels. To prepare for use, the ''supply reel'' (or ''feed reel'') containing the tape is plac ...

, an

8-track tape The 8-track tape (formally Stereo 8; commonly called eight-track cartridge, eight-track tape, and eight-track) is a magnetic-tape sound recording technology that was popular from the mid-1960s until the early 1980s, when the compact cassette, ...

, a compact

cassette tape The Compact Cassette, also commonly called a cassette tape, audio cassette, or simply tape or cassette, is an analog audio, analog magnetic tape recording format for Sound recording and reproduction, audio recording and playback. Invented by L ...

, a

compact disc The compact disc (CD) is a Digital media, digital optical disc data storage format co-developed by Philips and Sony to store and play digital audio recordings. It employs the Compact Disc Digital Audio (CD-DA) standard and was capable of hol ...

, an audio DVD, and an MP3 file stored on a computer, compact disc or

USB flash drive A flash drive (also thumb drive, memory stick, and pen drive/pendrive) is a data storage device that includes flash memory with an integrated USB interface. A typical USB drive is removable, rewritable, and smaller than an optical disc, and u ...

. To explain the legal distinction between definitions, suppose a person or group takes a song and makes a performance. The recorded performance is a

sound recording Sound recording and reproduction is the electrical, Mechanical system, mechanical, electronic, or digital inscription and re-creation of sound waves, such as spoken voice, singing, instrumental music, or sound effects. The two main classes of ...

(also called phonogram); the physical media that the sound recording is stored upon is a phonorecord.

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