A phonorecord is defined by the United States Copyright Act of 1976 to be a material object that embodies sounds (other than those accompanying audio-visual recordings such as movies). [1]
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. [2]
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 (vinyl disc), a reel-to-reel tape, an 8-track tape, a compact cassette tape, a compact disc, an audio DVD, and an MP3 file stored on a computer, compact disc or USB flash drive.
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 (also called phonogram); the physical media that the sound recording is stored upon is a phonorecord.
The VHS is a standard for consumer-level analog video recording on tape cassettes, introduced in 1976 by the Victor Company of Japan (JVC). It was the dominant home video format throughout the tape media period in the late 1970s, 1980s, and 1990s.
The Compact Cassette, also commonly called a cassette tape, audio cassette, or simply tape or cassette, is an analog magnetic tape recording format for audio recording and playback. Invented by Lou Ottens and his team at the Dutch company Philips, the Compact Cassette was released in August 1963.
Digital Audio Tape is a signal recording and playback medium developed by Sony and introduced in 1987. In appearance it is similar to a Compact Cassette, using 3.81 mm / 0.15" magnetic tape enclosed in a protective shell, but is roughly half the size at 73 mm × 54 mm × 10.5 mm. The recording is digital rather than analog. DAT can record at sampling rates equal to, as well as higher and lower than a CD at 16 bits quantization. If a comparable digital source is copied without returning to the analogue domain, then the DAT will produce an exact clone, unlike other digital media such as Digital Compact Cassette or non-Hi-MD MiniDisc, both of which use a lossy data-reduction system.
An audio tape recorder, also known as a tape deck, tape player or tape machine or simply a tape recorder, is a sound recording and reproduction device that records and plays back sounds usually using magnetic tape for storage. In its present-day form, it records a fluctuating signal by moving the tape across a tape head that polarizes the magnetic domains in the tape in proportion to the audio signal. Tape-recording devices include the reel-to-reel tape deck and the cassette deck, which uses a cassette for storage.
A phonograph record or a vinyl 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 the outside edge and ends near the center of the disc. The stored sound information is made audible by playing the record on a phonograph.
Mastering, a form of audio post production, is the process of preparing and transferring recorded audio from a source containing the final mix to a data storage device, the source from which all copies will be produced. In recent years, digital masters have become usual, although analog masters—such as audio tapes—are still being used by the manufacturing industry, particularly by a few engineers who specialize in analog mastering.
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 containing the tape is placed on a spindle or hub. The end of the tape is manually pulled from the reel, threaded through mechanical guides and over a tape head assembly, and attached by friction to the hub of the second, initially empty takeup reel. Reel-to-reel systems use tape that is 1⁄4, 1⁄2, 1, or 2 inches wide, which normally moves at 3+3⁄4, 7+1⁄2, 15 or 30 inches per second. Domestic consumer machines almost always used 1⁄4 inch (6.35 mm) or narrower tape and many offered slower speeds such as 1+7⁄8 inches per second (4.762 cm/s). All standard tape speeds are derived as a binary submultiple of 30 inches per second.
Monaural sound or monophonic sound is sound intended to be heard as if it were emanating from one position. This contrasts with stereophonic sound or stereo, which uses two separate audio channels to reproduce sound from two microphones on the right and left side, which is reproduced with two separate loudspeakers to give a sense of the direction of sound sources. In mono, only one loudspeaker is necessary, but, when played through multiple loudspeakers or headphones, identical audio signals are fed to each speaker, resulting in the perception of one-channel sound "imaging" in one sonic space between the speakers. Monaural recordings, like stereo ones, typically use multiple microphones fed into multiple channels on a recording console, but each channel is "panned" to the center. In the final stage, the various center-panned signal paths are usually mixed down to two identical tracks, which, because they are identical, are perceived upon playback as representing a single unified signal at a single place in the soundstage. In some cases, multitrack sources are mixed to a one-track tape, thus becoming one signal. In the mastering stage, particularly in the days of mono records, the one- or two-track mono master tape was then transferred to a one-track lathe used to produce a master disc intended to be used in the pressing of a monophonic record. Today, however, monaural recordings are usually mastered to be played on stereo and multi-track formats, yet retain their center-panned mono soundstage characteristics.
Ripping is the extraction of digital content from a container, such as a CD, onto a new digital location. Originally, the term meant to rip music from Commodore 64 games. Later, the term was applied to ripping WAV or MP3 files from digital audio CDs, and after that to the extraction of contents from any storage media, including DVD and Blu-ray discs, as well as the extraction of video game sprites.
An album is a collection of audio recordings issued on a medium such as compact disc (CD), vinyl (record), audio tape, or digital. Albums of recorded sound were developed in the early 20th century as individual 78 rpm records (78s) collected in a bound book resembling a photo album; this format evolved after 1948 into single vinyl long-playing (LP) records played at 33+1⁄3 rpm.
A bootleg recording is an audio or video recording of a performance not officially released by the artist or under other legal authority. Making and distributing such recordings is known as bootlegging. Recordings may be copied and traded among fans without financial exchange, but some bootleggers have sold recordings for profit, sometimes by adding professional-quality sound engineering and packaging to the raw material. Bootlegs usually consist of unreleased studio recordings, live performances or interviews without the quality control of official releases.
The Audio Home Recording Act of 1992 (AHRA) amended the United States copyright law by adding Chapter 10, "Digital Audio Recording Devices and Media". The act enabled the release of recordable digital formats such as Sony's Digital Audio Tape without fear of contributory infringement lawsuits.
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 technology are analog recording and digital recording.
The history of sound recording - which has progressed in waves, driven by the invention and commercial introduction of new technologies — can be roughly divided into four main periods:
The Section 115 Reform Act of 2006 was a bill introduced June 8, 2006 in the 109th United States Congress by Howard Berman (California-D) and Lamar Smith (Texas-R) as part of. It is one of several recent attempts to modify Section 115 of the United States Copyright Act to accommodate digital delivery of musical works.
The sound recording copyright symbol or phonogram symbol, ℗, is the copyright symbol used to provide notice of copyright in a sound recording (phonogram) embodied in a phonorecord. It was first introduced in the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations in 1961. The United States added it to its copyright law as part of its adherence to the Geneva Phonograms Convention in 17 U.S.C. § 402, the codification of the Copyright Act of 1976.
In the United States copyright law, a copyright notice is a notice of statutorily prescribed form that informs users of the underlying claim to copyright ownership in a published work.
The LP is an analog sound storage medium, specifically a phonograph record format characterized by: a speed of 33+1⁄3 rpm; a 12- or 10-inch diameter; use of the "microgroove" groove specification; and a vinyl composition disk. Introduced by Columbia Records in 1948, it was soon adopted as a new standard by the entire US record industry and, apart from a few relatively minor refinements and the important later addition of stereophonic sound in 1957, it remained the standard format for record albums during a period in popular music known as the album era. LP was originally a trademark of Columbia and competed against the smaller 7-inch sized "45" or "single" format by RCA Victor, eventually ending up on top. Today in the vinyl revival era, a large majority of records are based on the LP format and hence the LP name continues to be in use today to refer to new records.
Oral history preservation is the field that deals with the care and upkeep of oral history materials, whatever format they may be in. Oral history is a method of historical documentation, using interviews with living survivors of the time being investigated. Oral history often touches on topics scarcely touched on by written documents, and by doing so, fills in the gaps of records that make up early historical documents.
Fixation in Canadian copyright law is a threshold consideration that must be used in copyright infringement cases by courts to determine if copyright actually exists.