Tuesday, July 11, 2006

In the US...

by Manon Ress
Info from Copyright office
US compulsory and statutory licenses in the Copyright Act (title 17 of the United States Code).

• Statutory license for secondary transmissions by cable systems (section 111)
• Statutory license for making ephemeral recordings (section 112)
• Statutory license for the public performance of sound recordings by means of a digital audio transmission (section 114)
• Compulsory license for making and distributing phonorecords (section 115)
• Compulsory license for the use of certain works in connection with non-commercial broadcasting (section 118) (Manon: for education)
• Statutory license for secondary transmissions by satellite carriers for private home viewing (section 119)
• Statutory license for secondary transmissions by satellite carriers for local retransmissions (section 122)
• Statutory obligation for distribution of digital audio recording devices and media (chapter 10)

A division of the US Copyright office collects royalty fees from cable operators for retransmitting television and radio broadcasts (section 111), from satellite carriers for retrans-mitting “superstation” and network signals (section 119), and from importers or manufacturers for distributing digital audio recording products.

The Division deducts its full operating costs from the royalty fees and invests the balance in interest-bearing securities with the U.S. Treasury for later distribution to copyright owners by Copyright Royalty Judges.

A “Notice of Intention to Obtain a Compulsory License for Making and Distributing Phonorecords” (section 115) is recorded by the Division when the licensee cannot identify the copyright owner through a search of Copyright Office records. The Licensing Division also records voluntary license agreements between copyright owners of sound recordings and digital subscription services, or eligible digital non-subscription services (section 114); copyright owners of sound recordings and those entities making ephemeral recordings (section 112); copyright owners of nondramatic musical works and those
intending to digitally distribute phonorecords (section 115); copyright owners and public broadcasting entities (section 118); and copyright owners of broadcast programming and satellite carriers and ⁄ or distributors (section 119). Royalty payments are not made to the Copyright Offi ce under any of these licenses.


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