Ch. 13
13.1.1
13.1.1
Chapter 13. NOTICES OF USE
Part 13.1 IN GENERAL
13.1.1
Statutory provisions.
I.
Exclusive rights and the "compulsory license."
a.
In the case of a copyrighted musical composition, the copyright owner has an exclusive right to record the work on mechanical instruments such as phonograph records, up to the time he himself records the composition or licenses someone else to record it.
b.
Once the copyright owner has recorded the copyrighted musical composition on mechanical instruments, or licensed someone else to record it, he must file a "notice of use" in the Copyright Office in order to collect royalties from others who record the composition.
c.
When the copyright owner has filed a "notice of use" in the Copyright Office, showing that he has recorded his copyrighted musical composition or licensed it for recording, others who wish to record it must either:
1.
Obtain a license from the copyright owner, or
2.
Record the composition without the copyright owner's permission, relying on the "compulsory license" provided in the statute.
d.
The "compulsory license" provision operates as follows: when a copyrighted musical composition has been recorded under the copyright owner's authority and a notice of use has been filed in the Copyright Office, anyone may record the composition without the owner's permission if he: (1) sends the copyright owner a "notice of intention to use," and sends a duplicate of this notice to the Copyright Office; (2) pays the copyright owner a fee of 2 cents for each part manufactured; and (3) makes the required reports to the copyright proprietor of the number of records he manufactures.
13-3
