s society" is an association, corporation, or other
entity that licenses the public performance of nondramatic musical works
on behalf of copyright owners of such works, such as the American
Society of Composers, Authors and Publishers (ASCAP), Broadcast Music,
Inc. (BMI), and SESAC, Inc. [14]
"Phonorecords" 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 "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, diagrams, models,
and technical drawings, including architectural plans. 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. [15]
For purposes of section 513, a "proprietor" is an individual,
corporation, partnership, or other entity, as the case may be, that owns
an establishment or a food service or drinking establishment, except
that no owner or operator of a radio or television station licensed by
the Federal Communications Commission, cable system or satellite
carrier, cable or satellite carrier service or programmer, provider of
online services or network access or the operator of facilities
therefor, telecommunications company, or any other such audio or
audiovisual service or programmer now known or as may be developed in
the future, commercial subscription music service, or owner or operator
of any other transmission service, shall under any circumstances be
deemed to be a proprietor. [16]
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
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