
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 17USC1001]

 
                          TITLE 17--COPYRIGHTS
 
          CHAPTER 10--DIGITAL AUDIO RECORDING DEVICES AND MEDIA
 
                        SUBCHAPTER A--DEFINITIONS
 
Sec. 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.

(Added Pub. L. 102-563, Sec. 2, Oct. 28, 1992, 106 Stat. 4237.)

                       References in Text

    Section 482 of the Internal Revenue Code of 1986, referred to in 
par. (12)(B), is classified to section 482 of Title 26, Internal Revenue 
Code.


                             Effective Date

    Pub. L. 102-563, Sec. 4, Oct. 28, 1992, 106 Stat. 4248, provided 
that: ``This Act [see Short Title of 1992 Amendments note set out under 
section 101 of this title] and the amendments made by this Act shall 
take effect on the date of the enactment of this Act [Oct. 28, 1992].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1006, 1007 of this title.
