(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 exclusiv