17 U.S.C. § 1001 — Definitions

The terms mean: (1) “Digital audio copied recording” is a digital reproduction of a digital musical recording, made directly from another such recording or indirectly from a transmission. (2) “Digital audio interface device” is a machine or device specifically designed to send digital-audio information and related interface data to a digital audio recording device through a nonprofessional interface. (3) “Digital audio recording device” is a commonly distributed machine or device for individual use, whether separate or part of another device, designed or marketed mainly and capable of making a digital audio copied recording for private use. It excludes professional-model products and dictation machines, answering machines, and other equipment mainly designed and marketed to record sounds fixed from nonmusical sounds. (4)(A) “Digital audio recording medium” is a material object commonly distributed to individuals and mainly marketed or commonly used by consumers to make digital audio copied recordings with such a device. (B) It excludes an object that already contains a sound recording when first distributed by the importer or manufacturer, and one mainly marketed and commonly used to copy motion pictures or other audiovisual works or nonmusical literary works, including computer programs or databases. (5)(A) “Digital musical recording” is a material object containing, in digital format, only sounds and any material, statements, or instructions incidental to them, from which the sounds and material can be perceived, reproduced, or communicated directly or with a machine. (B) It excludes an object whose sounds are entirely spoken-word recordings and one containing one or more computer programs, but it may contain statements or instructions that are part of the sounds or incidental material or that help perceive, reproduce, or communicate them. (C) “Spoken word recording” means a recording containing only spoken words, though incidental music or other sounds may accompany them. “Incidental” means related and relatively minor by comparison. (6) “Distribute” means sell, lease, or assign a product to United States consumers, or in the United States for ultimate transfer to them. (7) “Interested copyright party” means: (A) the exclusive-right owner under section 106(1) to reproduce a lawfully made and distributed recording of a musical work embodied in a digital or analog musical recording; (B) the legal or beneficial owner, or controller, of the right to reproduce such a musical work in such a recording; (C) a featured recording artist performing on a distributed sound recording; or (D) an association or organization representing those persons or licensing musical-work rights for writers and publishers. (8) “Manufacture” means produce or assemble in the United States; a “manufacturer” is someone who does so. (9) “Music publisher” means someone authorized to license reproduction of a particular musical work in a sound recording. (10) “Professional model product” means an audio recording device designed, made, marketed, and intended for recording professionals’ ordinary lawful business use, under Commerce Secretary regulations. (11) “Serial copying” means digitally duplicating a copyrighted musical work or sound recording from a digital reproduction of a digital musical recording. A digital musical recording distributed by the copyright owner for ultimate consumer sale is not such a reproduction. (12) “Transfer price” means, subject to (B), for an imported product its actual United States Customs entered value excluding freight, insurance, and duty, and for a domestic product the manufacturer’s transfer price, FOB the manufacturer and excluding direct sales or excise taxes. If related entities or one entity transfer the product, the price may not be below a reasonable arm’s-length price under regulations adopted under section 482 of the Internal Revenue Code of 1986 or a successor provision. (13) “Writer” means the composer or lyricist of a particular musical work.