ce, 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.

"Sound recordings" 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.

"State" includes the District of Columbia and the Commonwealth of
Puerto Rico, and any territories to which this title is made applicable
by an Act of Congress.

A "Transfer of copyright ownership" is an assignment, mortgage,
exclusive license, or any other conveyance, alienation, or
hypothecation of a copyright or of any of the exclusive rights
comprised in a copyright, whether or not it is limited in time or place
of effect, but not including a nonexclusive license.

A "transmission program" is a body of material that, as an aggregate,
has been produced for the sole purpose of transmission to the public in
sequence and as a unit.

To "transmit" a performance or display is to communicate it by any
device or process whereby images or sounds are received beyond the
place from which they are sent.

The "United States," when used in a geographical sense, comprises the
several States, the District of Columbia and the Commonwealth of Puerto
Rico, and the organized territories under the jurisdiction of the
United States Government.

A "useful article" is an article having an intrinsic utilitarian
function that is not merely to portray the appearance of the article or
to convey information. An article that is normally a part of a useful
article is considered a "useful article."

The author's "widow" or "widower" is the author's surviving spouse
under the law of the author's domicile at