the first time; where a work is prepared over a period of time, the
portion of it that has been fixed at any particular time constitutes
the work as of that time, and where the work has been prepared in
different versions, each version constitutes a separate work.

A "derivative work" is a work based upon one or more preexisting
works, such as a translation, musical arrangement, dramatization,
fictionalization, motion picture version, sound recording, art
reproduction, abridgment, condensation, or any other form in which a
work may be recast, transformed, or adapted. A work consisting of
editorial revisions, annotations, elaborations, or other modifications
which, as a whole, represent an original work of authorship, is a
"derivative work."

A "device," "machine," or "process" is one now known or later
developed.

To "display" a work means to show a copy of it, either directly or
by means of a film, slide, television image, or any other device or
processor, in the case of a motion picture or other audiovisual work, to
show individual images nonsequentially.

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.