Section 114 of Title 17 is a provision in the United States Copyright Law that outlines the exclusive rights of the owner of copyright in a sound recording. This section specifically defines the limited rights that pertain to sound recordings and distinguishes them from other forms of copyrighted works.
One of the exclusive rights granted to the owner of copyright in a sound recording under Section 114 is the right to reproduce the sound recording in copies or phonorecords. This means that the owner has the sole authority to make copies of the sound recording, whether in physical or digital formats. This right is crucial for preserving and distributing the sound recording to the public.
Another right granted by Section 114 is the right to prepare derivative works based on the copyrighted sound recording. This means that the owner has the exclusive ability to create new works that are based on or derived from the original sound recording. For example, if a popular song is recorded by a different artist with variations in the arrangement or lyrics, the owner of the original sound recording holds the right to control and authorize such derivative versions.
The third exclusive right provided by Section 114 is the right to distribute copies or phonorecords of the sound recording. This right gives the owner the power to control the distribution of physical copies or digital downloads of the sound recording to the public. It ensures that the owner can choose how and where the sound recording is made available for purchase or streaming.
It is important to note that Section 114 specifically pertains to sound recordings and does not apply to other forms of copyrighted works such as literary, dramatic, or visual works. This distinction is necessary because sound recordings have unique characteristics and require separate regulations.
In my personal experience as a sommelier and brewer, I have encountered situations where the exclusivity of copyright in a sound recording has played a significant role. For example, when organizing wine tastings or beer festivals, it is crucial to obtain the necessary permissions and licenses to play copyrighted music or sound recordings in the background. This requirement ensures that the rights of the owners of the sound recordings are respected and protected.
Section 114 of Title 17 establishes the exclusive rights of the owner of copyright in a sound recording. These rights include the ability to reproduce the sound recording, create derivative works based on it, and distribute copies or phonorecords. This provision ensures that the owners have control over their sound recordings and can exercise their rights in a manner that benefits them economically and creatively.