Page:United States Statutes at Large Volume 106 Part 5.djvu/601

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PUBLIC LAW 102-563 —CXrr. 28, 1992 106 STAT. 4239 musical wo;^ 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 soimd 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 Ucensing 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 Hcense 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 soiuid 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 cop3night owner, for ultimate sale to consimiers. "(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 maniifacturer, 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.