PUBLIC LAW 102-563 —OCT. 28, 1992 106 STAT. 4241 "(b) FILING OP NOTICE. — The importer or maniifacturer of any digital audio recording device or digital audio recording medium, within a product category or utilizing a technology with respect to which such manufacturer or importer has not previously filed a notice under this subsection, shall file with the Register of Copy- rights a notice with respect to such device or medium, in such form and content as the Register shall prescribe by regulation.
- (c) FILING OF QUARTERLY AND ANNUAL STATEMENTS OF
ACCOUNT. — "(1) GENERALLY. —Any importer or manufacturer that distributes any digital audio recording device or digital audio recording medium that it manufactured or imported shall file with the Register of Copyrights, in such form and content as the Register shall prescribe by regulation, such quarterly and annual statements of account with respect to such distribution as the Register shall prescribe by regulation. " (2) CERTIFICATION, VERIFICATION, AND CONFIDENTIALITY. — Each such statement shall be certified as accurate by an authorized officer or principal of the importer or manufacturer. The Register shall issue regulations to provide for the verification ana audit of such statements and to protect the confidentiality of the information contained in such statements. Such regulations shall provide for the disclosure, in confidence, of such statements to interested copyright parties. "(3) ROYALTY PAYMENTS. — Each such statement shall be accompanied by the royalty payments specified in section 1004.
- § 1004. Royalty payments
- (a) DIGITAL AUDIO RECORDING DEVICES.—
"(1) AMOUNT OF PAYMENT. — The royalty payment due under section 1003 for each digital audio recording device imported into and distributed in the United States, or manufactured and distributed in the United States, shall be 2 percent of the transfer price. Only the first person to manufacture and distribute or import and distribute such device shall be required to pav the royalty with respect to such device. '\2) CALCULATION FOR DEVICES DISTRIBUTED WITH OTHER DEVICES.—With respect to a digital audio recording device first distributed in combination with one or more devices, either as a physically integrated unit or as separate components, the royalty payment shall be calculated as follows: "(A) If the digital audio recording device and such other devices are part of a physically integrated unit, the royalty payment shall be based on the transfer price of the unit, but shall be reduced by any royalty payment made on any digital audio recording device included within the unit that was not first distributed in combination with the unit. "(B) If the digital audio recording device is not part of a physically integrated unit and substantially similar devices have been distributed separately at any time during the preceding 4 calendar quarters, the royalty payment shall be based on the average transfer price of such devices during those 4 quarters. "(C) If the digital audio recording device is not part of a physically integrated unit and substantially similar devices have not been distributed separately at any time Regulations. Regulations. Regulations.
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