Financial Gain:

Any receipt, or expectation of receipt, or anything of value, including the receipt of other copyrighted works.

First Sale Doctrine:

The Constitution empowers Congress to enact copyright legislation for the specific purpose of “promot(ing) the Progress of Science and the useful Arts, by securing for limited Times, to Authors and Inventors, the exclusive Right to their respective Writings and Discoveries.” U.S. Const., art. I,§8,cl.8. Pursuant to that public purpose, the Copyright Act grants to authors the exclusive right to distribute copies of their work, 17 U.S.C. §106(3), but limits that right by distinguishing between ownership of a copyright (the bundle of exclusive rights granted an author) and ownership of a copy (the tangible material in which a work is fixed), 17 U.S.C. §202, and by extinguishing the copyright owner’s distribution right upon the first sale of each copy, see 17 U.S.C. §109. Of course, no copyright exists in government works, nor in facts or data.

Foodservice or Drinking Establishment:

A restaurant, inn, bar, tavern, or any other similar place of business in which the public or patrons assemble for the primary purpose of being served food or drink, in which the majority of the gross square feet of space that is nonresidential is used for that purpose, and in which non-dramatic musical works are performed publicly.

Fixed in a Tangible Medium:

An embodiment of a work 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. A work consisting of sounds, images, or both, that are being transmitted, is “fixed” if a fixation of the work is being made simultaneously with its transmission.