The following are the legal definitions under the United States Copyright Law.
Creation
A work is "Created" when is it fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work.
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Derivitive works
A "Derivative Work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consists of editorial revision, annotation, elaboration, or other modifications, which, as a whole, represent an original work of authorship, is a "Derivative Work".
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Display
To "Display" a work means to show a copy of it, either directly or by means of a film slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.
To perform or display a work publicly means:
- to perform or display it a place open to the public or at any place where a substantial number of persons outside of a normal circle of family and its social acquaintances is gathered; or
- 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 are 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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Fixed
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.
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Perform
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 images in any sequence or to make the sounds accompanying it audible.
To perform or display a work publicly means:
- to perform or display it a place open to the public or at any place where a substantial number of persons outside of a normal circle of family and its social acquaintances is gathered; or
- 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 are 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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Publication
"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.
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