Legal Definitions - phonorecord

A phonorecord is a physical object onto which sounds have been permanently recorded or "fixed." These fixed sounds can then be heard, played back, or otherwise communicated, either directly from the object or with the help of a machine. This term is crucial in copyright law, as it defines the tangible medium in which a sound recording (like a musical performance or spoken word) is embodied and protected.

Here are some examples illustrating what constitutes a phonorecord:

• A Digital Audio Tape (DAT) cassette containing a live concert recording.

  This DAT cassette is a physical object that holds fixed sounds (the concert recording) on its magnetic tape. To hear these sounds, a DAT player (a machine) is required to reproduce them. Therefore, the DAT cassette serves as a phonorecord because it's a tangible item from which fixed sounds can be communicated with mechanical aid.

• A USB flash drive loaded with a podcast series.

  While the podcast episodes are digital files, the USB flash drive itself is a physical object where these fixed sounds are stored. When the USB drive is connected to a computer or other compatible device, the podcast episodes can be perceived and reproduced. In this scenario, the USB drive acts as a phonorecord because it's a physical medium embodying fixed sounds that can be accessed with a machine's aid.

• A greeting card that plays a specific musical jingle when opened.

  The greeting card is a physical object, and embedded within it is a small electronic component containing the fixed sound of the musical jingle. When the card is opened, its internal mechanism allows these fixed sounds to be played and perceived directly. This demonstrates a phonorecord in a less traditional form, as the physical object (the card) itself contains the fixed sounds and the means to reproduce them.