§ 14-432. Definitions. - North Carolina Statutes

Article 58.

Records, Tapes and OtherRecorded Devices.

§ 14‑432.  Definitions.

The following definitionsapply in this Article:

(1)        "Article"means the tangible medium upon which sounds or images are recorded or otherwisestored, including any original phonograph record, disc, tape, audio or videocassette, wire, film, or other medium now known or later developed on whichsounds or images, or both, can be recorded or otherwise stored, or any copy orreproduction which duplicates, in whole or in part, the original.

(2)        "Fixed"means that the work has been recorded in a tangible medium of expression, by orunder the authority of the author, and its embodiment is sufficiently permanentor stable to permit it to be perceived, reproduced, or otherwise communicatedfor a period of more than transitory duration. A work consisting of sounds orimages, or both, that are being transmitted is "fixed" for thepurposes of this section if a fixation of the work is being made simultaneouslywith its transmission.

(3)        "Owner"means the person who owns the sounds fixed in any master phonograph record,master disc, master tape, master film, or other device used for reproducingrecorded sounds on phonograph records, discs, tapes, films, or other articleson which sound is or can be recorded and from which the transferred sounds aredirectly or indirectly derived, or the person who owns the rights to record orauthorize the recording of a live performance. (1973, c. 1279, s. 1; 1989, c. 589, s. 1; 2003‑159,s. 1.)