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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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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(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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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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