I quoted:
> Copies are material objects, other than phonorecords,

Before someone says "Aha!" here is the definition of "phonorecord":

  "Phonorecords" are material objects in which sounds, other than those
  accompanying a motion picture or other audiovisual work, are fixed by any
  method now known or later developed, and from which the sounds can be
  perceived, reproduced, or otherwise communicated, either directly or with
  the aid of a machine or device. The term "phonorecords" includes the
  material object in which the sounds are first fixed.

And here is "fixed":

  A work is "fixed" in a tangible medium of expression when its embodiment
  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" for purposes of this title if a
  fixation of the work is being made simultaneously with its transmission.
John Hasler 
Dancing Horse Hill
Elmwood, WI USA
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