- 30 - In our opinion, the parenthetical refers to specific kinds of content, not any content placed on machine-readable media, as petitioner maintains. When section 993(c)(2)(B) was enacted in 1971, no one could foresee the future media on which films and sound recordings might be distributed. Because of this unknown, Congress included the phrase “similar reproductions” in the parenthetical. “Reproduction” is an exact copy of particular preexisting content fixed on a medium. Blank tapes are not reproductions of each other (but are manufactured). Copyright concerns content, not media. Indeed, a copyright is defined as “A property right in an original work of authorship (such as a literary, musical, artistic, photographic, or film work) fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt, distribute, perform, and display the work.” Black’s Law Dictionary 337 (7th ed. 1999); see 17 U.S.C. sec. 102(a) (1988). Clearly, petitioner does more than distribute blank tapes; petitioner’s products are sold because of the content on the medium. Were we to accept petitioner’s broad interpretation that “similar reproductions” covers all content on machine-readable media, then revenues from the sale or lease of copyrights in practically all products (existing and yet to be invented) would qualify for FSC benefits. The only copyrights Congress affirmatively identified as qualifying for export property treatment were copyrights in motionPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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