§ 1001. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
