106 STAT. 4238 PUBLIC LAW 102^563—OCT. 28,1992

w(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 record-
ing for private use, except for—

"(A) professional model products, and
"(B) dictation machines, answering machines, and
other audio recording equipment that is designed and mar-
keted primarily for the creation of sound recordings result-
ing 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 consum-
ers for the purpose of making digital audio copied recordings
by use of a digital audio recording device.

W(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 per-
ceived, 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 rel-
atively 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 consum-
ers 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