(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.
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