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275.00 – Definitions

§ 275.00 Definitions.

The following definitions are applicable to this article:

1. “Person” means any individual, firm, partnership, corporation or
association.

2. “Owner” means (a) the person who owns, or has the exclusive license
in the United States to reproduce or the exclusive license in the United
States to distribute to the public copies of the sounds fixed in a
master phonograph record, master disc, master tape, master film or any
other device used for reproducing sounds on phonograph records, discs,
tapes, films, videocassettes, or any other articles upon which sound is
recorded, and from which the transferred recorded sounds are directly
derived; or (b) the person who owns the rights to record or authorize
the recording of a live performance.

3. “Fixed” means embodied in a recording by or under the authority of
the author, so that the matter embodied is sufficiently permanent or
stable to permit it to be perceived, reproduced, or otherwise
communicated for a period of more than transitory duration.

4. “Performer” means the person or persons appearing in a performance.

5. “Performance” means, whether live before an audience or transmitted
by wire or through the air by radio or television, a recitation,
rendering, or playing of a series of images, musical, spoken, or other
sounds, or a combination of images and sounds, in an audible sequence.

6. “Recording” means an original phonograph record, disc, tape, audio
or video cassette, wire, film, hard drive, flash drive, memory card or
other data storage device or any other medium on which such sounds,
images, or both sounds and images are or can be recorded or otherwise
stored, or a copy or reproduction that duplicates in whole or in part
the original.

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