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Archiver > APG > 2006-04 > 1145818268

Subject: Re: [APG] Use of conference CDs - Sound Recordings and Phonorecords
Date: Sun, 23 Apr 2006 14:51:08 EDT

In a message dated 4/23/2006 2:34:15 PM Eastern Standard Time,

When Lynne wrote "The copyright act also requires originality on the part of
the author to have a copyright. I
fail to see the originality in recording someone else's extemporaneous
remarks," I believe she meant that she
failed to see the originality in placing the remarks on a piece of plastic
(i.e., the "phonorecord") rather
than a failure to see "someone else's extemporaneous remarks" (i.e., the
sound recording) as original. I
believe she meant that phonorecords aren't copyrightable, not that someone's
remarks aren't.

I agree with you that this appears to be what Joy meant. The problem is
that this isn't what copyright law says. Sound recordings are specifically
included as being copyrightable.

Also--we need to differentiate between phonorecords and sound recordings.
Phonorecords are a single product -- the recording and presentation are one
entity and copyrighted in one fell swoop. Sound Recordings are actually two
entities--the content/presentation and the recording itself. In the case of
the latter there are two possible copyrights involved.


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