U.S. Code » Title 17 » Chapter CHAPTER 10— DIGITAL AUDIO RECORDING DEVICES AND MEDIA › Subchapter SUBCHAPTER A— DEFINITIONS

17 U.S.C. § 1001

Definitions

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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.(Added Pub. L. 102–563, § 2, Oct. 28, 1992, 106 Stat. 4237.)Editorial NotesReferences in Text

Section 482 of the Internal Revenue Code of 1986, referred to in par. (12)(B), is classified to section 482 of Title 26, Internal Revenue Code.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 102–563, § 4, Oct. 28, 1992, 106 Stat. 4248, provided that: “This Act [see Short Title of 1992 Amendment note set out under section 101 of this title] and the amendments made by this Act shall take effect on the date of the enactment of this Act [Oct. 28, 1992].”

Notes of Decisions
Cited in 15 cases, 1996–2020 · leading case: All. of Artists & Recording Companies v. Gen. Motors Co., 162 F. Supp. 3d 8 (D.D.C. 2016).
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All. of Artists & Recording Companies v. Gen. Motors Co., 162 F. Supp. 3d 8 (D.D.C. 2016). · cites it 13× “MEMORANDUM OPINION KETANJI BROWN JACKSON, United States District Judge The Audio Home Recording Act of 1992 (“AHRA”), 17 U.S.C. §§ 1001 et seq., re *9 quires manufacturers, importers, and dis-tributers of “digital audio recording devices” (“DARDs”) to incorporate certain copying…”
All. of Artists & Recording Cos. v. Gen. Motors Co., 306 F. Supp. 3d 413 (D.C. Cir. 2016). · cites it 10× “KETANJI BROWN JACKSON, United States District Judge On February 19, 2016, this Court issued a Memorandum Opinion and Order that addressed a threshold question of law regarding the applicability of the Audio Home Recording Act of 1992 ("AHRA"), 17 U.S.C. §§ 1001 - 1010, to…”
Recording Indus. Ass'n of Am. v. Diamond Multimedia Sys. Inc., 180 F.3d 1072 (9th Cir. 1999). · cites it 6× “B RIAA brought suit to enjoin the manufacture and distribution of the Rio, alleging that the Rio does not meet the requirements for digital audio recording devices under the Audio Home Recording Act of 1992, 17 U.S.C. § 1001 et seq. (the “Act”), because it does not employ a…”
Sony BMG Music Ent. v. Tenenbaum, 660 F.3d 487 (1st Cir. 2011). · cites it 2× “391, which fully extended federal copyright protections to sound recordings but exempted certain reproductions of sound recordings made for personal use, and (2) the Audio Home Recording Act of 1992 (AHRA), Pub.”
Abkco Music, Inc. & Abkco Music & Records, Inc. v. Stellar Records, Inc., & Performance Tracks, Inc., 96 F.3d 60 (2d Cir. 1996). · cites it 2× “Tracks does not claim that the actual definition of “phonoreeord” in Section 101 includes the visual capabilities of its CD + G’s, but rather contends that the Copyright Act has not kept pace with new technology, and that Congress, in view of its definition of “digital music…”
Empress Casino Joliet Corp. v. Balmoral Racing Club, Inc., 651 F.3d 722 (7th Cir. 2011). “The federal Audio Home Recording Act of 1992 taxes digital media to subsidize prerecorded media, 17 U.S.C. § 1001 et seq. (though the tax has, as many taxes do, a punitive purpose as well — to discourage illegal copying of recordings).”
Empress Casino Joliet Corp. v. Blagojevich, 638 F.3d 519 (7th Cir. 2011). · cites it 2× “For example, the federal Audio Home Recording Act of 1992 taxes digital media to subsidize prerecorded media, 17 U.S.C. § 1001 et seq.; the Illinois Coal Technology Development Assistance Fund taxes gas and electrical utilities to pay for the development of coal technologies, 30…”
All. of Artists & Recording Cos. v. Gen. Motors Co., 306 F. Supp. 3d 422 (D.C. Cir. 2018). · cites it 7× “KETANJI BROWN JACKSON, United States District Judge In the technological world that existed at the time that Congress enacted the Audio Home Recording Act of 1992 ("AHRA"), 17 U.S.C. §§ 1001 et seq. , the *424 music industry faced an existential threat brought on by Digital…”
United States v. Elcom Ltd., 203 F. Supp. 2d 1111 (N.D. Cal. 2002). “Rather, the Ninth Circuit was discussing the Audio Home Recording Act of 1992, 17 U.S.C. § 1001 , and the statutory exemption for home taping which protects all noncommercial copying by consumers of digital and analog musical recordings.”
Pearson Educ., Inc. v. Liu, 656 F. Supp. 2d 407 (S.D.N.Y. 2009). “17 U.S.C. § 1001 (8) (“To ‘manufacture’ means to produce or assemble a product in the United States.”
Johnson Augustus Powell v. State of Alabama., 72 So. 3d 1268 (Ala. Crim. App. 2011). “In 1992, Congress passed the Audio Home Recording Act of 1992 (“AHRA”), 17 U.S.C. § 1001 et seq. The AHRA achieved, among others, the goal of “[affording] immunity to home tapers who make copies without direct or indirect commercial motivation.”
In Re Deep, 279 B.R. 653 (Bankr. N.D.N.Y. 2002). “§ 512 ) and the Audio Home Recording Act of 1992 ( 17 U.S.C. §§ 1001 et seq.). The Movants filed their reply briefs and declarations on February 5, 2002.”
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