17 U.S.C. § 1001 — Definitions

Page 210 TITLE 17—COPYRIGHTS § 1001 United States become bound by any multilateral agreement regarding such protection; and ‘‘(4) bilateral and multilateral relationships regard- ing the protection of mask works should be directed toward the international protection of mask works in an effective, consistent, and harmonious manner, and the existing bilateral authority of the Secretary of Commerce under chapter 9 of title 17, United States Code, should be extended to facilitate the continued development of protection for mask works. ‘‘(b) PURPOSES.—The purposes of this Act [amending this section and enacting provisions set out as a note under section 901 of this title] are— ‘‘(1) to extend the period within which the Sec- retary of Commerce may grant interim protection or- ders under section 914 of title 17, United States Code, to continue the incentive for the bilateral and multi- lateral protection of mask works; and ‘‘(2) to clarify the Secretary’s authority to issue such interim protection orders.’’ Pub. L. 100–159, § 1, Nov. 9, 1987, 101 Stat. 899, as amended by Pub. L. 105–80, § 12(b)(1), Nov. 13, 1997, 111 Stat. 1536, provided that: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) section 914 of title 17, United States Code, which authorizes the Secretary of Commerce to issue orders extending interim protection under chapter 9 of title 17, United States Code, to mask works fixed in semiconductor chip products and originating in foreign countries that are making good faith efforts and reasonable progress toward providing protection, by treaty or legislation, to mask works of United States nationals, has resulted in substantial and posi- tive legislative developments in foreign countries re- garding protection of mask works; ‘‘(2) the Secretary of Commerce has determined that most of the industrialized countries of the world are eligible for orders affording interim protection under section 914 of title 17, United States Code; ‘‘(3) the World Intellectual Property Organization has commenced meetings to draft an international convention regarding the protection of integrated electronic circuits; ‘‘(4) these bilateral and multilateral developments are encouraging steps toward improving inter- national protection of mask works in a consistent and harmonious manner; and ‘‘(5) it is inherent in section 902 of title 17, United States Code, that the President has the authority to revise, suspend, or revoke, as well as issue, proclama- tions extending mask work protection to nationals, domiciliaries, and sovereign authorities of other countries, if conditions warrant. ‘‘(b) PURPOSES.—The purposes of this Act [amending this section and section 902 of this title] are— ‘‘(1) to extend the period within which the Sec- retary of Commerce may grant interim protective or- ders under section 914 of title 17, United States Code, to continue this incentive for the bilateral and multi- lateral protection of mask works; and ‘‘(2) to codify the President’s existing authority to revoke, suspend, or limit the protection extended to mask works of foreign entities in nations that extend mask work protection to United States nationals.’’ CHAPTER 10—DIGITAL AUDIO RECORDING DEVICES AND MEDIA SUBCHAPTER A—DEFINITIONS Sec. 1001. Definitions. SUBCHAPTER B—COPYING CONTROLS 1002. Incorporation of copying controls. SUBCHAPTER C—ROYALTY PAYMENTS 1003. Obligation to make royalty payments. 1004. Royalty payments. 1005. Deposit of royalty payments and deduction of expenses. Sec. 1006. Entitlement to royalty payments. 1007. Procedures for distributing royalty pay- ments. SUBCHAPTER D—PROHIBITION ON CERTAIN IN- FRINGEMENT ACTIONS, REMEDIES, AND ARBI- TRATION 1008. Prohibition on certain infringement actions. 1009. Civil remedies. 1010. Determination of certain disputes. Editorial Notes AMENDMENTS 2004—Pub. L. 108–419, § 5(i)(4)(B), Nov. 30, 2004, 118 Stat. 2369, substituted ‘‘Determination’’ for ‘‘Arbitra- tion’’ in item 1010. SUBCHAPTER A—DEFINITIONS § 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 repro- duction is made directly from another digital musical recording or indirectly from a trans- mission. (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 re- cording device through a nonprofessional interface. (3) A ‘‘digital audio recording device’’ is any machine or device of a type commonly distrib- uted to individuals for use by individuals, whether or not included with or as part of some other machine or device, the digital re- cording function of which is designed or mar- keted for the primary purpose of, and that is capable of, making a digital audio copied re- cording for private use, except for— (A) professional model products, and (B) dictation machines, answering ma- chines, 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 dis- tributed for use by individuals, that is pri- marily 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 pur- pose of making copies of nonmusical literary works, including computer programs or data bases. (5)(A) A ‘‘digital musical recording’’ is a ma- terial object— Page 211 TITLE 17—COPYRIGHTS § 1002 (i) in which are fixed, in a digital recording format, only sounds, and material, state- ments, 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 en- tirely of spoken word recordings, or (ii) in which one or more computer pro- grams are fixed, except that a digital musi- cal recording may contain statements or in- structions constituting the fixed sounds and incidental material, and statements or in- structions to be used directly or indirectly in order to bring about the perception, re- production, 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 as- sign a product to consumers in the United States, or to sell, lease, or assign a product in the United States for ultimate transfer to con- sumers 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 mu- sical 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 per- forms on a sound recording that has been distributed; or (D) any association or other organization— (i) representing persons specified in sub- paragraph (A), (B), or (C), or (ii) engaged in licensing rights in musi- cal works to music users on behalf of writ- ers and publishers. (8) To ‘‘manufacture’’ means to produce or assemble a product in the United States. A ‘‘manufacturer’’ is a person who manufac- tures. (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, manu- factured, 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 copy- righted musical work or sound recording from a digital reproduction of a digital musical re- cording. 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, insur- ance, 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 con- nection 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, § 2, Oct. 28, 1992, 106 Stat. 4237.) Editorial Notes REFERENCES IN TEXT Section 482 of the Internal Revenue Code of 1986, re- ferred to in par. (12)(B), is classified to section 482 of Title 26, Internal Revenue Code. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 102–563, § 4, Oct. 28, 1992, 106 Stat. 4248, pro- vided that: ‘‘This Act [see Short Title of 1992 Amend- ment 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].’’ SUBCHAPTER B—COPYING CONTROLS § 1002. Incorporation of copying controls (a) PROHIBITION ON IMPORTATION, MANUFAC- TURE, AND DISTRIBUTION.—No person shall im- port, manufacture, or distribute any digital audio recording device or digital audio interface device that does not conform to— (1) the Serial Copy Management System; (2) a system that has the same functional characteristics as the Serial Copy Manage- ment System and requires that copyright and generation status information be accurately sent, received, and acted upon between devices using the system’s method of serial copying regulation and devices using the Serial Copy Management System; or (3) any other system certified by the Sec- retary of Commerce as prohibiting unauthor- ized serial copying.