e right under section 106(1) of this title
to reproduce a sound recording of 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;

(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-

(i) representing persons specified in 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 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 unde