Ephemeral Recording [Patents]: A Comprehensive Legal Overview

Q: Can ephemeral recordings be stored permanently?

No, ephemeral recordings are intended to be temporary and should not be stored indefinitely.

Q: What laws govern ephemeral recordings?

Ephemeral recordings are governed by specific provisions in U.S. copyright law, including 17 U.S.C. 112(e) and 17 U.S.C. 114.

Definition & Meaning

An ephemeral recording is a type of phonorecord created specifically to facilitate the transmission of a public performance of a sound recording. This term is defined under U.S. copyright law, specifically in relation to the limitations on exclusive rights. Ephemeral recordings are typically used in contexts where a sound recording is performed publicly, and they must comply with certain legal restrictions outlined in U.S. copyright statutes.

Table of content

Legal Use & context

Ephemeral recordings are primarily relevant in the field of copyright law. They are used by broadcasters, streaming services, and other entities that perform sound recordings publicly. The creation of these recordings is governed by specific provisions that allow for their use under a statutory license, ensuring that copyright holders are compensated for the public performance of their works. Users may find forms and templates related to copyright compliance through services like US Legal Forms.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A radio station creates an ephemeral recording of a song to broadcast it live during a music show. This recording is made solely for that broadcast and is deleted afterward.

Example 2: A streaming service makes an ephemeral recording of a live concert to stream it to its subscribers. The recording is not stored permanently and is removed after the performance ends.

Relevant laws & statutes

The key statutes governing ephemeral recordings include:

17 U.S.C. 112(e) - Addresses the limitations on the use of ephemeral recordings.
17 U.S.C. 114(d)(1)(C)(iv) - Defines the conditions under which ephemeral recordings can be made.
17 U.S.C. 114(f) - Covers statutory licenses for public performances.

Comparison with related terms

Term	Definition	Key Differences
Ephemeral Recording	A phonorecord created for a specific public performance.	Temporary and not intended for permanent storage.
Permanent Recording	A phonorecord intended for long-term storage and distribution.	Designed for ongoing use and distribution, unlike ephemeral recordings.

Common misunderstandings

What to do if this term applies to you

If you are involved in creating or using ephemeral recordings, ensure you understand the legal requirements outlined in copyright law. Consider using US Legal Forms to access templates and forms that can help you comply with these regulations. If your situation is complex, consulting a legal professional may be necessary to ensure compliance.

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Quick facts

Typical Use: Public performance of sound recordings.
Legal Basis: 17 U.S.C. 112(e), 17 U.S.C. 114(d)(1)(C)(iv), 17 U.S.C. 114(f).
Duration: Temporary; recordings are not stored permanently.