Legal Definitions - counterfeit recording

A counterfeit recording refers to an unauthorized and illegal copy of an audio recording that is protected by copyright. This includes not only the duplication of the actual sounds themselves but also the reproduction of any associated elements designed to mimic the original product, such as its cover art, disc label, brand name (trademark), or packaging. Essentially, it is a fake version of a legitimate recording, created and distributed without the permission of the copyright owner.

• Example 1: Unauthorized CD Sales

  Imagine a street vendor selling what appears to be the latest album from a popular music artist on a compact disc. The CD comes in a jewel case with professional-looking cover art, a printed disc label, and even shrink wrap, all designed to look identical to the official release. However, the vendor has no affiliation with the record label or the artist, and the discs were produced without any licensing agreement.

  This illustrates a counterfeit recording because the vendor has illegally copied the copyrighted sounds, the album's artwork, the disc label design, and the overall packaging, presenting it as an authentic product without the necessary authorization from the copyright holders.

• Example 2: Fake Digital Downloads

  Consider an unofficial website that offers high-quality digital audio files of a famous band's entire discography for download. The website displays what looks like the band's official album art for each release and lists track titles exactly as they appear on legitimate albums. While the audio quality might be good, the website has not obtained any licenses from the record company or the artists to distribute these recordings.

  This is a counterfeit recording because the website is distributing unauthorized copies of the copyrighted sounds and using the protected artwork to make the downloads appear legitimate, all without permission from the rights holders.

• Example 3: Illegally Produced Vinyl Records

  An online marketplace features a seller offering "limited edition" vinyl records of a classic rock album. The vinyl records are packaged in sleeves that perfectly replicate the original album's artwork, including the record company's logo (a trademark) on the label. However, the seller is an independent producer who has pressed these records from existing digital files and has no agreement with the original record label or the band to manufacture or sell this album.

  This scenario demonstrates a counterfeit recording because the seller has illegally reproduced the copyrighted sounds, copied the distinctive album artwork, and used the record company's trademark on the label, all without the necessary authorization, creating a fake product that mimics the original.