al works are performed publicly. [7]

The term "financial gain" includes receipt, or expectation of receipt,
of anything of value, including the receipt of other copyrighted works.
[8]

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 being transmitted, is "fixed" for purposes of this title if a
fixation of the work is being made simultaneously with its transmission.

The "Geneva Phonograms Convention" is the Convention for the Protection
of Producers of Phonograms Against Unauthorized Duplication of Their
Phonograms, concluded at Geneva, Switzerland, on October 29, 1971. [9]

The "gross square feet of space" of an establishment means the entire
interior space of that establishment, and any adjoining outdoor space
used to serve patrons, whether on a seasonal basis or otherwise. [10]

The terms "including" and "such as" are illustrative and not limitative.

An "international agreement" is-

(1) the Universal Copyright Convention;
(2) the Geneva Phonograms Convention;
(3) the Berne Convention;
(4) the WTO Agreement;
(5) the WIPO Copyright Treaty; [11]
(6) the WIPO Performances and Phonograms Treaty; [12] and
(7) any other copyright treaty to which the United States is a party. [13]

A "joint work" is a work prepared by two or more authors with the
intention that their contributions be merged into inseparable or
interdependent parts of a unitary whole.

"Literary works" are works, other than audiovisual works, expressed in
words, numbers, or other verbal or numerical symbols or indicia,
regardless of the nature of the material objects, such as books,
periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in
which they are embodied.

"Motion pictures" are audiovisual works consisting of a series of
related images which, when shown in succession, impart an impression of
motion, together with accompanying sounds, if any.

To "perform" a work means to recite, render, play, dance, or act it,
either directly or by means of any device or process or, in the case of
a motion picture or other audiovisual work, to show its images in any
sequence or to make the sounds accompanying it audible.

A "performing right