Notice of Intention to Obtain a Compulsory License - Section 115


The Compulsory Licensing Provisions

Section 115 of the Copyright Act provides a compulsory license to make and distribute phonorecords once a phonorecord of a work has been distributed to the public in the United States under authority of the copyright owner, subject to certain terms and conditions of use. Such a license includes the right of the compulsory licensee to distribute or authorize the distribution of a phonorecord of a nondramatic musical work by means of a digital transmission, which constitutes a digital phonorecord delivery. The Copyright Office's regulations set out in detail the procedures that must be followed when seeking a compulsory license. See Section 201.18 - Notice of intention to obtain a compulsory license for making and distributing phonorecords of nondramatic musical works, 37 CFR Part 210 - Royalties and statements of account under compulsory license for making and distributing phonorecords of nondramatic musical works and Section 115 Rates Mechanical Licenses Royalty Rates. For further information, read Circular 73 and Circular 22.