§1001 Definitions

Summary

Defines the key words used in the chapter about digital audio copying, devices, and related rights. The list explains what kinds of recordings, machines, media, prices, and people the rules cover. A digital audio copied recording is a digital copy made from a digital musical recording, whether copied directly or from a transmission. A digital audio interface device is a machine made to send digital audio and control data to a recorder through a nonprofessional connection. A digital audio recording device is a consumer-type machine that can make digital audio copies for private use, except professional-model gear and devices mainly for dictation, answering, or nonmusical sounds. A digital audio recording medium is a physical item sold to consumers for making those digital copies, but not items that already contain a sound recording when first made or items mainly for copying movies or nonmusical works like software. A digital musical recording is a physical item with sounds fixed in digital form that can be played or reproduced; it does not include only spoken-word recordings or items that are only computer programs, though small incidental instructions are allowed. A spoken-word recording is only spoken words, possibly with minor music; incidental means related and minor. Distribute means to sell, lease, or assign a product in the United States or to sell it here for final transfer to U.S. consumers. An interested copyright party is the owner or controller of reproduction rights in a distributed sound recording, a featured recording artist on a distributed recording, or an organization that represents those people or licenses music for writers and publishers. Manufacture means to make or assemble a product in the United States, and a manufacturer is the person who does that. A music publisher is someone authorized to license reproduction of a musical work in a sound recording. A professional model product is recording equipment made and marketed for recording professionals under rules set by the Secretary of Commerce. Serial copying means duplicating a copyrighted musical work in digital form from a digital reproduction of a digital musical recording, excluding copies made from digital recordings distributed for sale by the copyright owner. Transfer price for imports is the customs entered value (excluding freight, insurance, and duty) and for domestic products is the manufacturer’s transfer price (FOB the manufacturer, excluding direct sales or excise taxes); related parties must use a reasonable arm’s-length price under the rules of section 482 of the Internal Revenue Code of 1986. A writer is the composer or lyricist of a musical work.