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U.S. Code as of:
01/19/04
Section 1001. Definitions
As used in this chapter, the following terms have the following
meanings:
(1) A "digital audio copied recording" is a reproduction in a
digital recording format of a digital musical recording, whether
that reproduction is made directly from another digital musical
recording or indirectly from a transmission.
(2) A "digital audio interface device" is any machine or device
that is designed specifically to communicate digital audio
information and related interface data to a digital audio
recording device through a nonprofessional interface.
(3) A "digital audio recording device" is any machine or device
of a type commonly distributed to individuals for use by
individuals, whether or not included with or as part of some
other machine or device, the digital recording function of which
is designed or marketed for the primary purpose of, and that is
capable of, making a digital audio copied recording for private
use, except for -
(A) professional model products, and
(B) dictation machines, answering machines, and other audio
recording equipment that is designed and marketed primarily for
the creation of sound recordings resulting from the fixation of
nonmusical sounds.
(4)(A) A "digital audio recording medium" is any material
object in a form commonly distributed for use by individuals,
that is primarily marketed or most commonly used by consumers for
the purpose of making digital audio copied recordings by use of a
digital audio recording device.
(B) Such term does not include any material object -
(i) that embodies a sound recording at the time it is first
distributed by the importer or manufacturer; or
(ii) that is primarily marketed and most commonly used by
consumers either for the purpose of making copies of motion
pictures or other audiovisual works or for the purpose of
making copies of nonmusical literary works, including computer
programs or data bases.
(5)(A) A "digital musical recording" is a material object -
(i) in which are fixed, in a digital recording format, only
sounds, and material, statements, or instructions incidental to
those fixed sounds, if any, and
(ii) from which the sounds and material can be perceived,
reproduced, or otherwise communicated, either directly or with
the aid of a machine or device.
(B) A "digital musical recording" does not include a material
object -
(i) in which the fixed sounds consist entirely of spoken word
recordings, or
(ii) in which one or more computer programs are fixed, except
that a digital musical recording may contain statements or
instructions constituting the fixed sounds and incidental
material, and statements or instructions to be used directly or
indirectly in order to bring about the perception,
reproduction, or communication of the fixed sounds and
incidental material.
(C) For purposes of this paragraph -
(i) a "spoken word recording" is a sound recording in which
are fixed only a series of spoken words, except that the spoken
words may be accompanied by incidental musical or other sounds,
and
(ii) the term "incidental" means related to and relatively
minor by comparison.
(6) "Distribute" means to sell, lease, or assign a product to
consumers in the United States, or to sell, lease, or assign a
product in the United States for ultimate transfer to consumers
in the United States.
(7) An "interested copyright party" is -
(A) the owner of the exclusive right under section 106(1) of
this title to reproduce a sound recording of a musical work
that has been embodied in a digital musical recording or analog
musical recording lawfully made under this title that has been
distributed;
(B) the legal or beneficial owner of, or the person that
controls, the right to reproduce in a digital musical recording
or analog musical recording a musical work that has been
embodied in a digital musical recording or analog musical
recording lawfully made under this title that has been
distributed;
(C) a featured recording artist who performs on a sound
recording that has been distributed; or
(D) any association or other organization -
(i) representing persons specified in subparagraph (A),
(B), or (C), or
(ii) engaged in licensing rights in musical works to music
users on behalf of writers and publishers.
(8) To "manufacture" means to produce or assemble a product in
the United States. A "manufacturer" is a person who manufactures.
(9) A "music publisher" is a person that is authorized to
license the reproduction of a particular musical work in a sound
recording.
(10) A "professional model product" is an audio recording
device that is designed, manufactured, marketed, and intended for
use by recording professionals in the ordinary course of a lawful
business, in accordance with such requirements as the Secretary
of Commerce shall establish by regulation.
(11) The term "serial copying" means the duplication in a
digital format of a copyrighted musical work or sound recording
from a digital reproduction of a digital musical recording. The
term "digital reproduction of a digital musical recording" does
not include a digital musical recording as distributed, by
authority of the copyright owner, for ultimate sale to consumers.
(12) The "transfer price" of a digital audio recording device
or a digital audio recording medium -
(A) is, subject to subparagraph (B) -
(i) in the case of an imported product, the actual entered
value at United States Customs (exclusive of any freight,
insurance, and applicable duty), and
(ii) in the case of a domestic product, the manufacturer's
transfer price (FOB the manufacturer, and exclusive of any
direct sales taxes or excise taxes incurred in connection
with the sale); and
(B) shall, in a case in which the transferor and transferee
are related entities or within a single entity, not be less
than a reasonable arms-length price under the principles of the
regulations adopted pursuant to section 482 of the Internal
Revenue Code of 1986, or any successor provision to such
section.
(13) A "writer" is the composer or lyricist of a particular
musical work.
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