U.S.A. Copyright Law, Library of Congress. Copyright Office [reading diary TXT] 📗

Stat. 2749, 2750.

7 In 1988, the Judicial Improvements and Access to Justice Act amended

section 912 by deleting subsection (d) and redesignating subsection (e)

as subsection (d). Pub. L. No. 100-702, 102 Stat. 4642, 4672. The Audio

Home Recording Act of 1992 amended section 912 by inserting "or 10"

after "8" in subsections (a) and (b). Pub. L. No. 102-563, 106 Stat.

4237, 4248.

8 In 1987, section 914 was amended in subsection (e) by inserting "on

July 1, 1991" in lieu of "three years after such date of enactment" and

by adding the last sentence to subsection (f)(2). Pub. L. No. 100-159,

101 Stat. 899. The Semiconductor International Protection Extension Act

of 1991 amended section 914 by inserting "or implementing" after

"enacting" in the first sentence of subsection (a)(1)(B), by changing

the date in subsection (e) to "July 1, 1995" and by changing the date in

the last sentence of subsection (f)(2) to "July 1, 1994." Pub. L. No.

102-64, 105 Stat. 320.

On July 1, 1995, section 914 expired as required by subsection (e). It

was rendered largely unnecessary upon the entry into force on January 1,

1995, of the Agreement on Trade-Related Aspects of Intellectual Property

Rights (TRIPs)(Annex 1C to the World Trade Organization (WTO)

Agreement). Part II, section 6 of TRIPs protects semiconductor chip

products and was the basis for Presidential Proclamation No. 6780, March

23, 1995, under section 902(a)(2) extending protection to all present

and future WTO members (34 countries as of February 10, 1999), as of

January 1, 1996. See Part IV of the Appendix.

For a discussion of Congressional findings regarding extending

protection to semiconductor chip products of foreign entities, see Pub.

L. No. 100-159, 101 Stat. 899, and the Semiconductor International

Protection Extension Act of 1991, Pub. L. No. 102-64, 105 Stat. 320.5

Chapter 10 [1]

Digital Audio Recording Devices and Media

Subchapter A--Definitions

Definitions

Subchapter B--Copying Controls

Incorporation of copying controls

Subchapter C--Royalty Payments

Obligation to make royalty payments Royalty payments Deposit of royalty payments and deduction of expenses Entitlement to royalty payments Procedures for distributing royalty payments

Subchapter D--Prohibition on Certain Infringement Actions, Remedies,

and Arbitration

Prohibition on certain infringement actions Civil remedies Arbitration of certain disputes

Subchapter A Definitions

Section 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

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.

(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 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), (B), or (C), or

(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-

(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 manufacturer, 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.

Subchapter B-Copying Controls

Section 1002. Incorporation of copying controls

(a) Prohibition on Importation, Manufacture, and Distribution. 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.

(b) Development of Verification Procedure. The Secretary of Commerce

shall establish a procedure to verify, upon the petition of an

interested party, that a system meets the standards set forth in

subsection (a)(2).

(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).

(d) Encoding of Information on Digital Musical Recordings.

(1) Prohibition on encoding inaccurate information. No person shall

encode a digital musical recording of a sound recording with inaccurate

information relating to the category code, copyright status, or

generation status of the source material for the recording.

(2) Encoding of copyright status not required. Nothing in this chapter

requires any person engaged in the importation or manufacture of digital

musical recordings to encode any such digital musical recording with

respect to its copyright status.

(e) Information Accompanying Transmission in Digital Format. Any person

who transmits or otherwise communicates to the public any sound

recording in digital format is not required under this chapter to

transmit or otherwise communicate the information relating to the

copyright status of the sound recording. Any such person who does

transmit or otherwise communicate such copyright status information

shall transmit or communicate such information accurately.

Subchapter C Royalty Payments

Section 1003. Obligation to make royalty payments

(a) Prohibition on Importation and Manufacture. No person shall import

into and distribute, or manufacture and distribute, any digital audio

recording device or digital audio recording medium unless such person

records the notice specified by this section and subsequently deposits

the statements of account and applicable royalty payments for such

device or medium specified in section 1004.

(b) Filing of Notice. The importer or manufacturer 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 Copyrights 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 and 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