Copyright Law of the United States of America: Contained in Title 17 of the United States CodeUnited States
History
Copyright Law of the United States of America: Contained in Title 17 of the United States Code
United States
Copyright -- United States
(1) Any person who wishes to obtain a compulsory license under this
section shall, before or within thirty days after making and before
distributing any phonorecords of the work, serve notice of intention to
do so on the copyright owner. If the registration or other public
records of the Copyright Office do not identify the copyright owner and
include an address at which notice can be served, it shall be
sufficient to file the notice of intention in the Copyright Office.
The notice shall comply, in form, content, and manner of service, with
requirements that the Register of Copyrights shall prescribe by
regulation.
(2) Failure to serve or file the notice required by clause (1)
forecloses the possibility of a compulsory license and, in the absence
of a negotiated license, renders the making and distribution of
phonorecords actionable as acts of infringement under section 501 and
fully subject to the remedies provided by sections 502 through 506 and
509.
(c) Royalty Payable Under Compulsory Licence--
(1) To be entitled to receive royalties under a compulsory license, the
copyright owner must be identified in the registration or other public
records of the Copyright Office. The owner is entitled to royalties
for phonorecords made and distributed after being so identified, but is
not entitled to recover for any phonorecords previously made and
distributed.
(2) Except as provided by clause (1), the royalty under a compulsory
license shall be payable for every phonorecord made and distributed in
accordance with the license. For this purpose, a phonorecord is
considered "distributed" if the person exercising the compulsory
license has voluntarily and permanently parted with its possession.
With respect to each work embodied in the phonorecord, the royalty
shall be either two and three-fourths cents, or one-half of one cent
per minute of playing time or fraction thereof, which amount is larger.
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