106 STAT. 4238 PUBLIC LAW 102-563—OCT. 28, 1992 "(3) A 'digital audio recording device' is any machine or device of a tj^e 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, meiking 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 msu'keted 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 01^ making copies of nonmusical hterary 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 soimds, 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 accompsmied 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 psirty* is— "(A) the owner of the exclusive right under section 106(1) of this title to reproduce a sound recording of a
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