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
(3) A compulsory license under this section includes the right of the
maker of a phonorecord of a nondramatic musical work under subsection
(a)(1) to distribute or authorize distribution of such phonorecord by
rental, lease, or lending (or by acts or practices in the nature of
rental, lease, or lending). In addition to any royalty payable under
clause (2) and chapter 8 of this title, a royalty shall be payable by
the compulsory licensee for every act of distribution of a phonorecord
by or in the nature of rental, lease, or lending, by or under the
authority of the compulsory licensee. With respect to each nondramatic
musical work embodied in the phonorecord, the royalty shall be a
proportion of the revenue received by the compulsory licensee from
every such act of distribution of the phonorecord under this clause
equal to the proportion of the revenue received by the compulsory
licensee from distribution of the phonorecord under clause (2) that is
payable by a compulsory licensee under that clause and under chapter 8.
The Register of Copyrights shall issue regulations to carry out the
purpose of this clause.
(4) Royalty payments shall be made on or before the twentieth day of
each month and shall include all royalties for the month next
preceding. Each monthly payment shall be made under oath and shall
comply with requirements that the Register of Copyrights shall
prescribe by regulation. The Register shall also prescribe regulations
under which detailed cumulative annual statements of account, certified
by a certified public accountant, shall be filed for every compulsory
license under this section. The regulations covering both the monthly
and the annual statements of account shall prescribe the form, content,
and manner of certification with respect to the number of records made
and the number of records distributed.
(5) If the copyright owner does not receive the monthly payment and the
monthly and annual statements of account when due, the owner may give
written notice to the licensee that, unless the default is remedied
within thirty days from the date of the notice, the compulsory license
will be automatically terminated. Such termination renders either the
making or the distribution, or both, of all phonorecords for which the
royalty has not been paid, actionable as acts of infringement under
section 501 and fully subject to the remedies provided by sections 502
through 506 and 509.
Section 116. Scope of exclusive rights in nondramatic musical works:
Public performances by means of coin-operated phonorecord players.
(a) Limitation on Exclusive Right.--In the case of a nondramatic
musical work embodied in a phonorecord, the exclusive right under
clause (4) of section 106 to perform the work publicly by means of a
coin-operated phonorecord player is limited as follows:
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