(3) Definition. — In this subsection, the term “work being prepared for commercial distribution” means —
(A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution —
(i) the copyright owner has a reasonable expectation of commercial distribution; and
(ii) the copies or phonorecords of the work have not been commercially distributed;
This is why section 506 was amended by the . . .wait for it. . . The Artists’ Rights and Theft Prevention Act of 2005.
Why don't you leave it to them to decide if they want to market themselves by giving their music away for free?
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