Is a phonorecord a sound recording on a specific material object, such as an audio book on a CD?
<p>Based on definitions according to <a href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section101&amp;num=0&amp;edition=prelim" rel="nofollow noreferrer">17 U.S.C. § 101</a> (<a href="https://web.archive.org/web/20201107155724/https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title17-section101&amp;num=0&amp;edition=prelim" rel="nofollow noreferrer">archived</a>):</p>
<blockquote>
<p>&quot;Phonorecords&quot; 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 &quot;phonorecords&quot;
includes the material object in which the sounds are first fixed.</p>
</blockquote>
<blockquote>
<p>&quot;Sound recordings&quot; are works that result from the fixation of a series
of musical, spoken, or other sounds, but not including the sounds
accompanying a motion picture or other audiovisual work, regardless of
the nature of the material objects, such as disks, tapes, or other
phonorecords, in which they are embodied.</p>
</blockquote>

<h2>It’s a sound recording that has a physical existence</h2>
<p>That might be a CD, a hard drive (whether on a local computer or a server in the cloud), a cassette, a vinyl record, or anything else that does, did or may in the future be possible.</p>

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