Selected sections from the Audio Home Recording Act (AHRA) of 1992, 17 U.S.C. §§ 1001-1010.
as of 01/14/2000

*** indicates material has been omitted  [full text - optional]
 

AHRA § 1001

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 reproduction is made directly from another digital musical
     recording or indirectly from a transmission.

     (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
     recording device through a nonprofessional interface.

     (3) A ''digital audio recording device'' is any machine or
     device of a type commonly distributed to individuals for use by
     individuals, whether or not included with or as part of some
     other machine or device, the digital recording function of which
     is designed or marketed for the primary purpose of, and that is
     capable of, making a digital audio copied recording for private
     use, except for -

          (A) professional model products, and

          (B) dictation machines, answering machines, 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 distributed for use by individuals,
          that is primarily 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 purpose of
               making copies of nonmusical literary works, including computer
               programs or data bases.

     (5)

          (A) A ''digital musical recording'' is a material object -

               (i) in which are fixed, in a digital recording format, only
               sounds, and material, statements, 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 entirely of spoken word
               recordings, or

               (ii) in which one or more computer programs are fixed, except
               that a digital musical recording may contain statements or
               instructions constituting the fixed sounds and incidental
               material, and statements or instructions to be used directly or
               indirectly in order to bring about the perception,
               reproduction, or communication of the fixed sounds and
               incidental material.

       * * *

     (6) ''Distribute'' means to sell, lease, or assign a product to
     consumers in the United States, or to sell, lease, or assign a
     product in the United States for ultimate transfer to consumers
     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 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 sound
          recording that has been distributed; or

          (D) any association or other organization -

               (i) representing persons specified in subparagraph (A),

                            () representing persons specified in subparagraph (A),

                           (ii) engaged in licensing 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
          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, 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 sound 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 copyright owner, for ultimate sale to consumers.

          (12) The ''transfer price'' of a digital audio recording device
          or a digital audio recording medium -

* * *

          (13) A ''writer'' is the composer or lyricist of a particular
          musical work.
 

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AHRA § 1002(a):

No person shall import, 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 Management 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 Secretary of Commerce as
          prohibiting unauthorized serial copying.
 

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AHRA §1002(c):

(c) Prohibition on Circumvention of the System. - No person shall import, manufacture, or
     distribute any device, or offer or perform any service, the primary purpose or effect of
     which is to avoid, bypass, remove, deactivate, or otherwise circumvent any program or
     circuit which implements, in whole or in part, a system described in subsection (a).
 

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AHRA §1008:

No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.

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