U.S.A. Copyright Law | Page 8

tavern, or any other similar place of business in which the public or
patrons assemble for the primary purpose of being served food or drink,
in which the majority of the gross square feet of space that is
nonresidential is used for that purpose, and in which nondramatic
musical works are performed publicly. [7]
The term "financial gain" includes receipt, or expectation of receipt, of
anything of value, including the receipt of other copyrighted works. [8]
A work is "fixed" in a tangible medium of expression when its
embodiment in a copy or phonorecord, by or under the authority of the
author, is sufficiently permanent or stable to permit it to be perceived,
reproduced, or otherwise communicated for a period of more than
transitory duration. A work consisting of sounds, images, or both, that
are being transmitted, is "fixed" for purposes of this title if a fixation of
the work is being made simultaneously with its transmission.
The "Geneva Phonograms Convention" is the Convention for the
Protection of Producers of Phonograms Against Unauthorized
Duplication of Their Phonograms, concluded at Geneva, Switzerland,
on October 29, 1971. [9]
The "gross square feet of space" of an establishment means the entire
interior space of that establishment, and any adjoining outdoor space
used to serve patrons, whether on a seasonal basis or otherwise. [10]
The terms "including" and "such as" are illustrative and not limitative.

An "international agreement" is-
(1) the Universal Copyright Convention; (2) the Geneva Phonograms
Convention; (3) the Berne Convention; (4) the WTO Agreement; (5)
the WIPO Copyright Treaty; [11] (6) the WIPO Performances and
Phonograms Treaty; [12] and (7) any other copyright treaty to which
the United States is a party. [13]
A "joint work" is a work prepared by two or more authors with the
intention that their contributions be merged into inseparable or
interdependent parts of a unitary whole.
"Literary works" are works, other than audiovisual works, expressed in
words, numbers, or other verbal or numerical symbols or indicia,
regardless of the nature of the material objects, such as books,
periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in
which they are embodied.
"Motion pictures" are audiovisual works consisting of a series of
related images which, when shown in succession, impart an impression
of motion, together with accompanying sounds, if any.
To "perform" a work means to recite, render, play, dance, or act it,
either directly or by means of any device or process or, in the case of a
motion picture or other audiovisual work, to show its images in any
sequence or to make the sounds accompanying it audible.
A "performing rights society" is an association, corporation, or other
entity that licenses the public performance of nondramatic musical
works on behalf of copyright owners of such works, such as the
American Society of Composers, Authors and Publishers (ASCAP),
Broadcast Music, Inc. (BMI), and SESAC, Inc. [14]
"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.
"Pictorial, graphic, and sculptural works" include two-dimensional and
three-dimensional works of fine, graphic, and applied art, photographs,
prints and art reproductions, maps, globes, charts, diagrams, models,
and technical drawings, including architectural plans. Such works shall
include works of artistic craftsmanship insofar as their form but not
their mechanical or utilitarian aspects are concerned; the design of a
useful article, as defined in this section, shall be considered a pictorial,
graphic, or sculptural work only if, and only to the extent that, such
design incorporates pictorial, graphic, or sculptural features that can be
identified separately from, and are capable of existing independently of,
the utilitarian aspects of the article. [15]
For purposes of section 513, a "proprietor" is an individual, corporation,
partnership, or other entity, as the case may be, that owns an
establishment or a food service or drinking establishment, except that
no owner or operator of a radio or television station licensed by the
Federal Communications Commission, cable system or satellite carrier,
cable or satellite carrier service or programmer, provider of online
services or network access or the operator of facilities therefor,
telecommunications company, or any other such audio or audiovisual
service or programmer now known or as may be developed in the
future, commercial subscription music service, or owner or operator of
any other transmission service, shall under any circumstances be
deemed to be a proprietor. [16]
A "pseudonymous work" is a work on the copies or phonorecords of
which the author is identified under a fictitious name.
"Publication" is the distribution of copies or