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An author has a copyright in a work when it is fixed in a tangible medium. A work is fixed in a tangible medium when the 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.

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