801.3 Fixation of Works of the Performing Arts
The Copyright Act states that “[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 transmitted, is ‘fixed’ for the purposes of this title if a fixation of the work is being made simultaneously with its transmission.” 17 U.S.C. § 101 (definition of “fixed”).
All fixations of works of the performing arts are grouped into two main categories: copies and phonorecords, which are defined in Sections 801.3 (A) and 801.3 (B) below.
For a more detailed discussion of fixation, see Chapter 300, Section 305.