No. Analog or other nondigital performance of a sound recording does not infringe the copyright in the sound recording. Unlike other kinds of works, the “public performance” right in sound recordings only extends to digital transmissions of a performance of the recording. (This is also known as “livestreaming” the recording.) An analog radio broadcast of
Copyright infringement is the unauthorized exercise of any of the exclusive rights of copyright ownership. This means that doing any of the following acts without the copyright owner’s permission may constitute copyright infringement: Reproduction (making a copy of the work); Distribution of a copy of the work; Creation of a derivative work based on the
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The five exclusive rights of copyright ownership are: Reproduction: the right to make a copy of the work Distribution: the right to sell, rent, lease, lend or give copies of the work to the public Public Performance: the right to perform the work publicly, such as a concert, play, broadcast, livestream, etc. Public Display: the
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A live broadcast of an interview is not protected by copyright unless it is fixed in a tangible medium. If it is recorded, then it may qualify for copyright protection as a literary work. It may also be protected if a transcription of it is made and saved to a tangible medium, such as a
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No, merely performing a work in public does not satisfy the requirement of fixation in a tangible medium. A recording of the performance, however, could satisfy the fixation requirement.
