A phonorecord is defined by the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

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, cod ...

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 Wire recording or magnetic wire recording was the first magnetic recording technology, an analog type of audio storage in which a magnetic recording is made on a thin steel wire. The first crude magnetic recorder was invented in 1898 by Va ...

; 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 simply a record, is an analog sound storage medium in the form of a flat disc with an inscribed, modulated spiral groove. The groove usually starts near ...

(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 to the early 1980s, when the compact cassette, wh ...

, a compact

cassette tape The Compact Cassette or Musicassette (MC), also commonly called the tape cassette, cassette tape, audio cassette, or simply tape or cassette, is an analog magnetic tape recording format for audio recording and playback. Invented by Lou Ott ...

, a

compact disc The compact disc (CD) is a digital optical disc data storage format that was co-developed by Philips and Sony to store and play digital audio recordings. In August 1982, the first compact disc was manufactured. It was then released in O ...

, an

audio DVD DVD-Audio (commonly abbreviated as DVD-A) is a digital format for delivering high-fidelity audio content on a DVD. DVD-Audio uses most of the storage on the disc for high-quality audio and is not intended to be a video delivery format. The st ...

, and an

MP3 MP3 (formally MPEG-1 Audio Layer III or MPEG-2 Audio Layer III) is a coding format for digital audio developed largely by the Fraunhofer Society in Germany, with support from other digital scientists in the United States and elsewhere. Origin ...

file stored on a computer, compact disc or

USB flash drive Universal Serial Bus (USB) is an industry standard that establishes specifications for cables, connectors and protocols for connection, communication and power supply ( interfacing) between computers, peripherals and other computers. A bro ...

. 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, 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 sound recording ...

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

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