(c) a sound recording, maKing me recoraea sounds audible at a place or at places where ­ (i) persons ouiside the normai circle of a family and its closet acquaintances are or can be of present, Irrespective whether they are or can be ­ present at the same place and time, or at different places or times, and (ii) where the performance can be perceived without the need for broadcasting or communication to the public; "published" means a work or a sound recording, tangible copies of which have been made available to the public in a n,,,,,,onablc quantity for s<lI.., ronlal, publiC lenclino o. for other transfer of the ownership or the possession of the copies, provided that it was available to the public, in the case of ­ (a) a work, with the consent of the author or other owner of copyright; and (b) a sound recording with the consent of the producer of the sound recording or his or her successor in title; "publisher" means ­ (a) person who undertakes the publication of a work by the issue of copies to the public usually for sale; or