PUBLIC LAW 102-563—OCT. 28,1992 106 STAT. 4239

musical worJk 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— x

"(i) representing persons specified hi 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 prod-
uct 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 record-
ing 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 consum-
ers.

"(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 manufac-
turer'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 trans-
feree 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.