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, technical drawings, diagrams, and models. 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.
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 phonorecords of a work
to the public by sale or other transfer of ownership, or by rental,
lease, or lending. The offering to distribute copies or phonorecords to
a group of persons for purposes of further distribution, public
performance, or public display, constitutes publication. A public
performance or display of a work does not of itself constitute
publication.
To perform or display a work "publicly" means-
(1) to perform or display it at a place open to the public or
at any place where a substantial number of persons outside of a
normal circle of a family and its social acquaintances is gathered;
or,
(2) to transmit or otherwise communicate a performance or
display of the work to a place specified by clause (1) or to the
public, by means of any device or process, whether the members of
the public capable of receiving the performance or display receive
it in the same place or in separate places and at the same time or
at different times.
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